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Business Law Journal 05/2023

ISSN: 0137-5490
Pages: 40
Publication date: 2023
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2023.5.1
JEL: K23

The formulation of contractual penalties in public procurement still encounters numerous qualification-related difficulties, related in particular to the selection of the title of the penalty adequate to the breach of contractual obligations and the optimization of its amount. Their rationalization is justified not only by the protection of public interests and the public law obligation to pursue claims, but also by the common idea of contractual justice. Recently, there have been increasing difficulties in interpreting the new provisions against abusive clauses, introduced unjustifiably to the disadvantage of contractors to adhesively designed public procurement contracts, subject to appeal review before the National Chamber of Appeals. Interpretation uncertainties regarding the permissible accumulation of penalties under various titles and the mandatory determination of the maximum limit of all penalties are also significant. The purpose of this article is to explain these difficulties, combined with a proposal for a functional interpretation of the questionable provisions.

Keywords: public procurement; contractual penalty; measure of contractual penalty
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DOI: 10.33226/0137-5490.2023.5.2
JEL: C44, O38

The main problem considered in the article is to determine how to adequately respond to changes in the functioning of AI-powered decision support systems in terms of satisfying state, business, and citizens' needs. The research methodology is based on the review of the literature on the subject and the analysis of different policy options. The process of argumentation consists of two essential elements. The first characterizes the essence and purpose of the development of civil liability regimes for AI-powered decision support systems in Ukraine. Ukrainian legal provisions were analyzed in terms of their substantive scope and their openness to internalize potential new situations relating to claims for compensation of damages from AI systems. The second part focuses on the results of own research of legal acts and strategic policy documents. The research reveals significant differences between EU regulations and Ukrainian lawmaking practice. An option with the adoption of specific legislation could potentially be a favorable solution. First of all, a risk-based approach ensures appropriate management of risks that would arise for economic actors, and provide a good opportunity for victims to receive compensation. Further implementation of civil liability for AI requires both: the unification of the regulations and a strategic perspective of various regime interoperability. This creates the need to develop and implement a long-term strategy in order to strike a balance between protecting citizens from possible harm caused by the activities of artificial intelligence systems and enabling technological innovation. Different policy options and legislative regimes have been proposed for EU neighboring countries.

Keywords: artificial intelligence; fault-based liability; strict liability; vicarious liability
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DOI: 10.33226/0137-5490.2023.5.3
JEL: K20, K22

limited joint-stock partnership has been reintroduced into the Polish law for over 20 years now. Despite the passage of time, this form of conducting business still appears to be undervalued in practice, particularly after the change in tax regulations at the beginning of 2014. In fact, it may prove to be an attractive form of a company for family businesses, some start-ups and liberal professions. At the same time, the legal regulations governing this company have hardly been modified since the Code of Commercial Companies and Partnerships came into force. Therefore, what is needed are just few interventions to remove certain regulatory shortcomings and ambiguous regulations that nonetheless substantially affect the company's operation. The aim of this article is to indicate the possible applications of a limited joint-stock partnership in business practice and to formulate postulates de lege ferenda.

Keywords: limited joint-stock partnership; Code of Commercial Companies and Partnerships
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DOI: 10.33226/0137-5490.2023.5.4
JEL: K11, K12, K15

The purpose of this article is to analyse the legal effects of the retention of title in the case of professional resale of the original copy of the work. The following considerations are aimed at determining whether the retention of title affects the moment when the author's claim for remuneration arises. The article also examines the effectiveness of the extended retention of title, i.e. a provision whereby the buyer must pay not only the price but also other fees to acquire ownership. This provision, considered controversial in the literature, is often stipulated by auction houses whose standard terms require the buyer to pay auction fee to transfer ownership of the original copy of the work. This, in turn, may raise serious doubts since the buyer is typically a consumer. The considerations in the article take into account the provisions of standard terms used by the largest auction houses in Poland. The article also discusses the main positions presented in German literature.

Keywords: civil law; copyright law; droit de suite; resale right; retention of title
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DOI: 10.33226/0137-5490.2023.5.5
JEL: K23

Supreme Administrative Court takes the position that from the provisions of the Act on upbringing in sobriety and counteracting alcoholism, it is not possible to derive a prohibition on the sale of alcoholic beverages by the entrepreneur from the point of sale specified in the permit by electronic means of communication. This view cannot be accepted, first of all, due to the applicable provisions of public and private law, and in particular for the purposes of rationing of the sale of alcoholic beverages. At the same time, from the considerations of the Supreme Administrative Court in the justification of the judgment under review, it appears that its source was primarily the faulty identification of the form of the legal act, which is the form of the sales contract, with the manner in which the buyer chooses a contractor. The purpose of the gloss is to critically address the SAC's interpretation of the legal provisions that form the basis for rationing the sale of alcoholic beverages by an entrepreneur.

Keywords: alcohol sale agreement; permission to sell alcoholic beverages; business activity; form of the sale agreement; place of sale
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