Journal of Business Law 12/2024

The evolution of socio-economic institutions, to which chambers of commerce belong, is natural due to the dynamic changes in economic processes and markets. The survey results discussed in the study draw a picture of today's business environment organizations and entrepreneurs' perception of their activities. Most respondents stressed the need for member support, including networking, as well as the need for organisations to play an active role in legal consultations. A possible change of the system of chambers of commerce in Poland from private law to public law should not be based on simple copying of foreign solutions. Research results and the selection of modern, effective model solutions should precede and become the basis for a good draft bill that will be understood and supported by entrepreneurs, the government, and other stakeholders.

The article attempts to present the basics of the protection of the name of a product derived from the nickname of a well-known sportsman on the basis of the provisions of the industrial property law, the Act on combating unfair competition and as a personal right. The analysis is conducted on the basis of judgments of common courts and the Supreme Court, in which decisions were made regarding the trademark and the nickname "Tiger". The theses of these judgments are not entirely consistent with each other, which justifies a discussion whether, in addition to the regulation of industrial property law, in particular concerning trademarks and the good practices clause in the law of combating unfair competition, it is permissible to qualify a nickname as a personal right within the meaning of the Civil Code. The issues raised are related to the status of personal rights not included in the statutory catalogue of Article 23 of the Civil Code, which as a result of their use by well-known persons acquire commercial features.

The article analyses EU law regulating the freedom to provide services in a sharing economy model, from the perspective of the rights and obligations of providers of online and underlying services. Three groups of actors are engaged in providing services in the internal market of this business model: providers of underlying services, recipients of those underlying services and online platforms (with smartphone applications) which connect providers and recipients of underlying services. Although this business model is no longer of specific interest to the EU institutions or academia, it is still present in the Member States. Therefore, it seems useful to present two aspects of the freedom to provide these services from the perspective of providers of online and underlying services: rights that providers of services derive from EU law in relations with the Member States and obligations incumbent on providers of services according to EU law.

Termination or expiration of the real estate lease agreement for a photovoltaic farm results in the losing by the lessee the right to use the leased land and collect benefits from it. The terminated legal relationship of lease gives rise to the lessee's obligation to return the item, which should take place either in the condition specified by the parties in the concluded lease agreement or pursuant to Art. 705 of the Civil Code. The obligation to return the real estate is accompanied by a number of factual and legal activities performed by the lessee. Depending on their scope, the return obligation may aim to restore the land to its previous condition, including broadly understood land recultivation and restoration of its previous purpose, or limit the scope of the lessee's activities to restoring the original condition, taking into account, however, the wear and tear of the property resulting from the location of a photovoltaic farm on it and using the land in accordance with the concluded contract. The aim of the article is to consider the obligation to return real estate in terms of entities obliged to implement it, the deadline and the scope of its implementation.

The aim of this article is to answer the question whether the non-recognition of the birth certificates of same-sex couples in Poland can be treated as a violation of the right not to be discriminated against on grounds of sexual orientation, which is a fundamental right under EU law. Could such discrimination be manifested, for example, by unequal treatment of children who have only been given a PESEL number? Furthermore, what are the consequences of treating EU citizens differently and how does this affect their civil status in Poland? Using a dogmatic research method, the authors analyse both EU and Polish regulations concerning the problem of recognising a foreign birth certificate, highlighting the shortcomings as well as the advantages of the existing solutions.

The article discusses the provisions of the Civil Procedure Code regarding the address of a sole proprietorship (entrepreneur) to which court and procedural documents should be delivered. In recent years, these provisions have been significantly amended. Particularly important has been the issue of recognizing the binding nature of the entrepreneur's address disclosed in the Central Registration and Information on Business (CEIDG) when delivering initial documents regarding a case. Apart from discussing changes in the regulations related to using the CEIDG-address in civil proceedings, the article attempts to assess the current regulations and the underlying reasons behind them. It also includes proposals for solutions that would improve the delivery of documents to entrepreneurs.

The boundaries of permissible modifications and additions in public procurement contracts pose many difficulties of interpretation, both in practice and in jurisprudence, especially against the background of the normative concept of "material modifications to the contract" prohibited by European directives. The commented judgment of the CJEU directly relates to the possibility of extending a deadline for an execution of a public contract, as well as the permissible use in this regard of an ordinary electronic form, despite the general requirement of a written form for a basic contract. The findings and views of the Tribunal, together with the developed legal argumentation, are of momentous significance for the application of Polish law.