Przegląd Ustawodawstwa Gospodarczego nr 03/2012
Publication date: 2012
Place publication: Warszawa
Przegląd Ustawodawstwa Gospodarczego 3 2012
Ryszard Tupin, Uniwersytet Warszawski
Czy podmiot prowadzący nieodpłatnie działalność leczniczą może być przedsiębiorcą?
Is it possible that an entity conducting non-profit medical activity could be a an entrepreneur?
The author presents an analyze of “economical activity” idea that is pivotal in economic law doctrine, referring to non- profit activity, that is conducted i.a. by the hospices. The article refers also to the Act on medical activity, in which the hospices are treated as the “medical entity”, what starves them from a possibility to act not for profit. The article supported by the literature of the subject is finished with the particular de lege ferenda proposals.
Anna Zalcewicz, Europejska Wyższa Szkoła Prawa i Administracji w Warszawie
Biuro usług płatniczych na tle obowiązujących regulacji prawnych
The payment service bureau in light of current polish regulations
The Directive on Payment Services (PSD) laid down the normative rules for payment services in the internal market. From the institutional point of view, this act has initiated legal changes in the access of new payment service providers to the market.
The EU legislator has distinguished two new groups of entities, which have hitherto operated outside the regulated market: payment institutions and entities that may provide services only on domestic markets. In the case of the latter category (so-called small payment institution), the national legislator decides on their functioning in the domestic market, as well as the scope of their activities.
The subject of this paper is to analyze legal solutions in the Polish Payment Services Act for small payment institution, known as payment service bureau in Poland.
The payment service bureau legitimately provides payment services only in Poland. The national legislator has introduced standards in order to ensure suitable level of payment service bureau clients’ funds safety. This is accomplished with payment service bureau activities supervision, limiting payment service bureau scope of activity, as well as the introduction of instruments of financial security in case of inability to fulfillment payment service bureau’s financial obligations arising from providing of payment services.
Leszek Karski, Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Podsystem wsparcia odnawialnych źródeł ciepła w ramach systemów ciepłowniczych, ze szczególnym uwzględnieniem instrumentów pośrednich – aspekty prawne
The sub-system of support for renewable heat sources in the district heating systems, with particular focus on indirect instruments - legal aspects
The article provides an overview of the sub-system of support for renewable heat sources. All study is shown in the context of legal aspects. It begins with climate and energy security reasons that the Polish legislator developed national legislation in the discussed matter. The paper outlines the general background on the support system for RES according to the provisions of directive 2009/29/EC. An introduction to sub-system of support for renewable energy sources in the heating sector is the next subject of the analysis. Moreover, it addresses the classification of support instruments relating to renewable heat sources. In the next section the author explores the issue of legal terminology, which is provided by energy law. In order to provide deeper insight, the analysis is based on the terms relating to the heating sector and renewable energy sources. The final section examines the indirect instruments of support for renewable heat sources, which are included in air protection law, climate law, waste law, building law, tax law and energy law. The article concludes with the emphasis on the importance of the sub-system of support for renewable heat sources in the district heating systems. Significance weight is assigned to indirect instruments.
Grzegorz Matusik, Uniwersytet Śląski w Katowicach
Odpowiedzialność z tytułu nielegalnego poboru energii.
Uwagi na tle art. 57 ust. 1 pkt 1 ustawy – Prawo energetyczne
The liability for illegal consumption of energy. Comments about regulation of article 57 paragraph 1 point 1 Polish Energy Law
According to rules of liability, interpretation of art. 57 paragraph 1 point 1 Polish Energetic Law is controversial. Submitted by Polish Supreme Court, pursuant to a decision from 10th December 2009, proposal of interpretation of regulation art 57 paragraph 1 point 1 is not acceptable. Wide range of problems should be seen during analysis of liability for illegal consumption of energy.
First of all, contractual liability is possible as regards both complex contracts (provided for in art. 5 paragraph 3 and art. 5 paragraph 4) and separated contracts (sale agreement and distribution agreement). It is also possible to classify “The Fee” referred in article 57 paragraph 1 point 1 as a stipulated penalty or statute penalty. One cannot exclude the possibility, that Trading Company (Seller) is eligible to take a case to court, although it does not suffer property damage.
Secondly, System Operator could vindicate a claim for payment of “The Fee” referred in article 57 paragraph 1 point 1 based upon the Tort Law. It will be liability according to the principle of risk.
Jacek Kołacz, Uniwersytet Jagielloński
Kilka uwag odnośnie momentu podania prospektu emisyjnego do wiadomości publicznej
Some remarks on the moment of making the public offer prospectus available to the public
According to the article 45 section 1 of the Act of 29th of July 2005 on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and Public Companies immediately following approval of the issue prospectus, the issuer or the selling shareholder shall submit its final version to the Commission of the Financial Supervision and make the issue prospectus available to the public. Although the abovementioned regulation seems to be rather clear and unambiguous its more thorough analysis may lead to opposite conclusions. The text in question deals with both theoretical and strictly practical problems that may arise on the grounds of article 45 section 1 of the Act of 29th of July 2005 seen in the light of the regulations of the Code of Administrative Proceedings. The paper focuses especially on the question of determining the moment that shall be treated as a precise date of arising of the obligation to make the public offer prospectus available to the public as well as on the chronology of the issue prospectus publication process.
Dariusz P. Kała, Katolicki Uniwersytet Lubelski
Wniesienie skargi o uchylenie wyroku sądu polubownego (legitymacja, opłata, warunki formalne, termin)
Bringing a petition for the reversal of an award of a court of arbitration (legitimacy, the fee, the formal, term)
The article discusses the legitimacy, the fee, and the date the formal a petition for the reversal of an award of a court of arbitration. These issues are discussed based on the current legal position with regard to recent views the doctrine of law and judicial decisions. The doctrine of law there is no consensus as to the class of persons entitled to bring an action. There is no doubt that the legitimacy of such a feature, their successors and the prosecutor. Charge of the petition may be fixed, relative, basic, temporary and final. The petition should be that of a formal application, and consequently the conditions of the pleading. One of the major changes resulting from amendments to arbitration in 2005 in formal a petition for the reversal of an award of a court of arbitration, was the extension of the deadline for lodging a petition with one to three months. Polish regulation has been adapted to the standards set by the UNCITRAL model law, which provides three-month period.
Ryszard Tupin, Uniwersytet Warszawski
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