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Przegląd Ustawodawstwa Gospodarczego Nr 01/2010

ISSN: 0137-5490
Pages: 32
Place publication: 2010 Warszawa
Binding: paperback
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Gabriela Jyż

Prawo do wynagrodzenia za projekty wynalazcze w Polsce - przeszłość, teraźniejszość i przyszłość (zagadnienia wybrane)

Payments for invention projects in Poland - the past, the present and the future (legal considerations)
The problem of payments for invention projects is one of problems of most often analysed aground rights of industrial property in Poland and is both in the past as and at present. In the past the problem of payments for these projects was an object of the spacious, detailed and often changed regulation by law. Characteristic guilds of the current regulation by law of this problem they are: 1) unification of rules of payments for invention projects in the all economy; 2) leaving in law of the little of regulations regulating the matter of payments; 3) the change of the legal character of regulations regulating this matter with ius cogens on ius dispositivum; 4) the freedom of the formation of these payments at individual businessmen in the way of the contract with the author. In the doctrine of the right of industrial property the lack is the uniform view on the creature and the legal character of "payment for invention projects". De lege ferenda the authoress of the article postulates the achievement of certain Industrial Property within the range the regulation of concerning these payments.

Aleksander Werner
Tomasz Czech

Bezskuteczność zabezpieczenia i zapłaty długu niewymagalnego na podstawie art. 127 ust.3 Prawa upadłościowego i naprawczego (cześć I)

The Ineffectiveness of the Securing and Payment of Unmatured Debt in the Scope of Article 127 point 3 the Bankruptcy And Reorganisation Law (part I)
The Bankruptcy And Reorganisation Law introduces to the Polish law special regulations to secure bankrupt's estate. Solutions are connected with institutions of ineffectiveness of the securing and payment of the unmatured debt. Bankruptcy and Reorganisation Law replaces the pre-war regulations on bankruptcy and arrangement law. The act governs the issues connected with the debtors' insolvency and its effects in a comprehensive manner, both on the domestic and international levels. Among others the bankruptcy and reorganisation regulation concerns debtor's activity before putting of petition in bankruptcy. In the period of 2 months before putting by of the declaration of bankruptcy. Authors put into considerations the following problems: general consideration concerning civil law and The Bankruptcy And Reorganisation Law institutions, goals and conditions of article 127 point 3 The Bankruptcy And Reorganisation Law, legal sanctions of ineffectiveness of debtor's legal acts, the subject of the ineffectiveness, preventive period in the scope of the article 127 point 3 The Bankruptcy And Reorganisation Law, the definition of the unmatured debt in civil law and in the Bankruptcy And Reorganisation Law.

Michał Bitner
Julia Pałka

Francuski model partnerstwa publiczno-prywatnego - ewolucja regulacji PPP we Francji

French model of the cooperation between public and private sectors - evolution of the PPP regulations in France
The article examines the evolution of French regulation of the cooperation between public and private sectors in public services provision (public private partnership - ppp). This evolution has lead to the development of two legal institutions: delegating of public service (rooted in 19th century) and the partnership contract (introduced to the French legal order in 2004). The French law, with respect to ppp, deeply influences Community regulations, e.g. in the area of concessions or competitive dialogue. Familiarity with the French ppp model makes it easy to grasp numerous Commission communications on ppp and concessions. There are also some parallels between French regulations and Polish law on concessions and on ppps. Chapter two presents the French public service doctrine and how it influences subsequent regulations. So called institutionalized partnerships are discussed in chapter three. Chapter four examines various forms in which public services can be delegated. Close attention was paid to works and service concessions. The author also explores the difference between concession and public works contracts under public procurement regime. Chapter five presents the partnership contract and how the English PPP model was implanted to the French legal order.


Wojciech Pfadt

Wybór prawa obcego w umowach dotyczących zamówień publicznych

Choosing foreign law for contracts concluded under the public tender regime
The article presents an analysis concerning the possibility of choosing foreign law for contracts concluded under the public tender regime. The choice of foreign law may be understood twofold: 1. The application of substantive provisions of foreign law to contracts governed by Polish law. This concerns the provisions which are not in contradiction with Polish ius cogens provisions. In such a case the Polish ius cogens provisions will apply; and 2. The choice of law as understood by private international law. The ius cogens provisions of foreign law will apply. Polish law will apply with respect to administrative law and provisions which define their own application, such as for example consumer law.
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