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Business Law Journal 02/2022

ISSN: 0137-5490
Pages: 68
Publication date: 2022
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2022.2.1
JEL: K23

Due to the growing mix of different types of dispersed generation, energy storage, energy efficiency and new promising technologies, in combination with traditional large scale fossil fuel electricity generation, ensuring reliability of electricity systems is increasingly challenging. The electricity demand is also in constant change because of the increased frequency of extreme weather events. In this regulatory environment, the European Union has proposed a single regulatory model to assess the security of the electricity system, in which a key role is played by long-term resource adequacy assessment. The aim of the article is to show this model, indicating what the policy implications are for the development of renewable energy sources and decarbonisation targets.

Keywords: European Union; resource adequacy; electricity market; decarbonization
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DOI: 10.33226/0137-5490.2022.2.2
JEL: K23

The article is devoted to the analysis of the provisions and the assessment of the position of the Polish Financial Supervision Authority concerning the execution of the requirements for summons under the Act of 29 July 2005 on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and Public Companies, and Articles 69a, 73 and 89 of that Act. In particular, the subject of the study is the analysis — with reference to the literature and practical aspects arising from the jurisprudence — of the implementation of call obligations by subsidiaries operating within a capital group, as well as the analysis of the private-law sanction applicable in the event of breach of the above-mentioned obligations.

Keywords: requirements concerning tender offers; sanction of prohibition of exercise of voting rights; shares; Polish Financial Supervision Authority
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DOI: 10.33226/0137-5490.2022.2.3
JEL: K24, K15

The central problem of copyright law has been so far the lack of sufficiently precise criteria to define the limits of copyright protection. Problems with defining a work (subject of copyright) were brought to court and there was a tendency to protect items with a negligible level of originality. Technological advances, the rapid development of artificial intelligence and machine-generated creativity have brought new problems. The difficulty today is not only distinguishing copyrighted works from other objects. There are also problems with separating human from non-human creativity. Today, AI writes texts and computer programs, paints pictures, composes music. There are concerns that AI may reach levels that exceed human capabilities. The boom in AI development creates many new questions for copyright. The aim of the paper is to present the most important challenges facing copyright today. The question of attributing authorship of works created independently by creative machines comes to the fore. There is also the problem of legal liability for AI's actions. The paper presents possible approaches to the outlined problems along with the assessment of individual legal concepts.

Keywords: copyright; work; concept of creativity; artificial intelligence
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DOI: 10.33226/0137-5490.2022.2.4
JEL: K23

The aim of this article is to find the answer for the crucial question, important for the legal practice in Poland, whether the franchise contract can be treated as the capital group under the Polish pharmaceutical law. The answer for this question is critically important for thousands of Polish firms which conducts the professional business in the pharmacy sector.

Keywords: franchise contract; capital group
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DOI: 10.33226/0137-5490.2022.2.5
JEL: K15

By the Act of 4 July 2019 amending the Act — Code of Civil Procedure and certain other acts, the legislator introduced numerous changes to the provisions of the Code of Civil Procedure. One of the most important changes is the introduction of separate proceedings in commercial cases. In view of the introduced legal regulation on economic proceedings, the issue of the application of the system of concentration of procedural material in this proceeding after the entry into force of the Act of 4 July 2019 may seem problematic, in particular whether the legislator introduced to this proceeding only a system of also exceptions in favor of a system of discretionary power of the judge. In this article, the authors try to resolve the disputed issue.

Keywords: civil process; separate proceeding in commercial cases; concentration of the process material; civil proceedings
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DOI: 10.33226/0137-5490.2022.2.6
JEL: K15, K22, K3

Partnerships established on the basis of foreign legal systems may conduct business activities in Poland. This may result in tax arrears. The subject of this article is the analysis of the admissibility of applying Art. 115 § 1 of the Tax Ordinance to the partners of those partnerships. In the author's opinion, this provision does not constitute grounds for holding a partner of a foreign partnership liable for its tax arrears.

Keywords: partnership; tax liability; Tax Ordinance
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DOI: 10.33226/0137-5490.2022.2.7
JEL: K10, K11

The article analyzes the practical effects of the tendency to expand the catalog of public goals in the Polish legal order. In particular, it deals with the issue of the consequences of introducing modifications to the expropriation procedure specified in the Real Estate Management Act, in the so-called special road act and the regulation on the valuation of real estate and the preparation of an appraisal report. On the basis of the so-called "the principle of benefit", the research explains the need to outline a clear hierarchy in the regulations concerning the expropriation procedure. The aim of the article is to identify selected elements of an economically effective and legally optimal model of real estate expropriation, which will balance the interests of private owners and the developing public investment market in the context of the state's liability for compensation for legal interference with property rights. The importance of the topic results from the intensification of works related to the localization of technical infrastructure such as roads, railways, airports or communication ports and related legislative problems. The issues raised are of key importance in the context of the amount of compensation awarded for real estate taken over for public purpose investments, and thus — determining the relationship between the public and private interests.

Keywords: expropriation of real estate; compensation; public purpose investments; special road act; the principle of benefits
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