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Journal of Business Law 12/2023

ISSN: 0137-5490
Pages: 44
Publication date: 2023
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2023.12.1
JEL: I18, K14, K23

 The subject of the article is the advertising of medicinal products in Polish law in the light of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use. The objective of this study is to evaluate the implementation of the Directive in the field of advertising of medicinal products by the Polish legislator. The author, using the dogmatic research method, makes the linguistic-logical analysis of the provisions of the Polish Act – Pharmaceutical Law, referring at the same time to relevant provisions of the Directive. The author presents Polish regulations regarding both advertising to the public and advertising directed to persons authorized to issue prescriptions or persons trading in medicinal products. After analysing the provisions of an administrative nature, the author analyses the criminal law regulations regarding the violation of the provisions on the advertising of medicinal products. During the analysis, the author points out the shortcomings of Polish regulations and makes de lege ferenda postulates. In the final part of the study, the author makes a final assessment of the implementation of the Directive by the Polish legislator, as well as indicates an example of carelessness of the EU legislator.

Keywords: advertising of medicinal products; Community code relating to medicinal products for human use; liability for violation of regulations concerning advertising of medicinal products; Polish law
DOI: 10.33226/0137-5490.2023.12.2
JEL: K15, K20, L20, L21, L22

This article focuses on the characteristic problems and specificity of family companies, emphasizing the importance of family company law as a complex and comprehensive area of practice, mainly in the field of commercial law. This article also draws attention to selected problems in the field of company law dogmatic regarding family companies. The analysis carried out in the article leads to the conclusion that the law of enterprises and family companies, due to the specific problems of family companies, should become the subject of increased interest in the Polish doctrine of company law. However, there is no need to adapt Polish company law to the needs of family companies, because the vast majority of problems related to their functioning can be solved on the basis of applicable law.

Keywords: family business; family company; family foundation; enterprise succession; entrepreneur succession; company law; commercial law
DOI: 10.33226/0137-5490.2023.12.3
JEL: K20, K24

Increasingly, law is being implemented in algorithmic codes, an example of which is the smart contract. For years we have had institutions and procedures relating to the control of law. Therefore the research question arises whether, in connection with the increasing combination of law with algorithms, we should not introduce control of algorithms, at least those that may affect human rights and obligations. Some countries already have bodies monitoring the implementation of law into algorithms. Shouldn't Poland follow in their footsteps?

Keywords: algorithm; implementation of law in codes; smart contract; artificial intelligence; LegalTech; responsibility for algorithm performance
DOI: 10.33226/0137-5490.2023.12.4
JEL: K22

The article presents practical considerations for minimizing systemic risk in the decentralized finance (DeFi) sector through the utilization of over-thecounter (OTC) cryptocurrency markets. The focus is on analysing the Solend scandal case, where shortcomings in financial risk management within the Solend application necessitated the takeover of a user's wallet to facilitate the liquidation of a collateral deposit on the OTC market. The article proposes that future legal regulations governing DeFi should incorporate the possibility of conducting off-exchange liquidation of collateral deposits in cases where on-exchange liquidation poses a potential source of systemic risk to the DeFi sector. Additionally, the article describes the advantages and disadvantages of OTC cryptocurrency markets and suggests drawing upon solutions implemented in the OTC derivative market following the 2008 economic crisis to ensure thorough regulation of the OTC cryptocurrency market.

Keywords: blockchain; decentralized finance; Solend protocol; cryptocurrency regulation; systemic risk
DOI: 10.33226/0137-5490.2023.12.5
JEL: K12, K32

One of the tasks of hunting clubs is to conduct hunting management in the leased hunting districts. These districts can be leased by existing lessees, new lessees and newly created lessees. The regulations currently in force create preferential conditions of competition for the existing lessees, thus depriving new and newly established lessees of a chance to conclude a contract. The difficult situation of the new and newly established lessees also results from the increasing number of hunting clubs and, at the same time, the decreasing number of hunting districts. In such a state of affairs, it is necessary to take legislative action that will restore the balance between different categories of lessees and eliminate practices contrary to the assumptions of rational hunting management.

Keywords: hunting management; hunting districts; hunting associations; lease agreement; priority rule
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