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Dr hab. Bogusław Sołtys
ORCID: 0000-0002-8359-7732

Dr hab. Bogusław Sołtys

Attorney at law, professor of University of Wroclaw, lecturer at the Department of Economic and Commercial Law of Faculty of Law, Administration and Economics at University of Wroclaw, scholarship recipient of Foundation for Polish Science, the President of the Arbitration Court at the Lower Silesian Chamber of Commerce in Wroclaw. Author of many publications in the field of company law, contracts, industrial property, arbitration as well as issues concerning legal services market.

 
DOI: 10.33226/0137-5490.2025.9.3
JEL: K2, K4

The article draws attention to the necessity and urgency of reforming the institutions of registers of regulated legal activities. This is because they are not in line with modern conditions and the objective needs of the market. They pose a significant threat to legal certainty and public safety and order. Regulatory deficiencies in the creation of such registries make it difficult, and in practice sometimes even impossible, to exercise public supervision over the rationing of such activities and the due exercise of the legal profession. Despite the broader importance of professional activities, registers of legal regulated activities should meet the standards of public registers for entrepreneurs, ensure automated data exchange with them, and become an effective tool for public oversight.

Keywords: regulated activity; exercise of the legal profession; legal services; legal activities; register of regulated legal activities
DOI: 10.33226/0137-5490.2024.7.3
JEL: K2, K4

This article is devoted to the differentiation of entrepreneurs in the field of private law. The indicated issue, although playing an increasingly important role in the application of the law and in the process of its individualisation, has not been properly highlighted in the Civil Code. This causes interpretation problems and leads to an increase in various unfavourable phenomena in trade. The article attempts to systematise and classify the differentiation of entrepreneurs on the basis of private law, to determine its legal consequences, as well as to set directions for future regulation, which should take into account the balance of public and legal values to a greater extent than before.

Keywords: differentiation of undertakings; equality before the law and the right to equal treatment; differentiation of undertakings and civil law relationships
DOI: 10.33226/0137-5490.2020.11.1

The purpose of the article is the interpretation of provisions regulating the functioning of the institution of liquidation deposit in companies. The article discusses the social and economic purpose of the liquidation deposit of capital companies from the perspective of the capital companies partners' (shareholders') rights, their creditors and various public values. The author states and defends the thesis that the satisfaction of the creditors or securing of their rights by the liquidation deposit is the absolute condition of the conclusion of the liquidation and deletion of capital companies from the register. What strikes is that relativization of this condition in the liquidation proceedings leads to various abuses which, depending on their specifics, should be qualified not only as an infringement of creditors' rights but also as an infringement of rule of law as well as legal certainty and trading safety. The author is in favour of such interpretation of provisions which increases efficiency of public supervision of register courts over the liquidation proceedings of capital companies.

Keywords: liquidation deposit of companies; satisfaction and securing the rights of creditors; abuse of liquidation proceedings