Przegląd Ustawodawstwa Gospodarczego Nr 05/2008

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Artykuły

Alojzy Z. Nowak
Kazimierz Ryć

Tendencje na rynkach finansowych a polski złoty - ujęcie jakościowe

Trends on financial markets and Polish zloty from qualification point of view
Changes on financial markets in last ten years, mainly during a financial crisis in South - Eastern Asia in a year of 1997 demand very careful observation. It results not only from their scale, but also from their geographical range. From one side they cover still most important currency and economy - which is American one, from the other side - they relate also to Chinese economy and currency, which pretends to be one of fundamental reserve currencies in a future financial architecture in the world. From Polish perspective these issues are also important because they may have influence on Polish złoty and on Euro sphere, with which Poland still has the biggest commercial turnover. Trends in dollar exchange rate, Euro and Polish złoty exchange rates play a fundamental role in forming economic situation in Poland.

Wiesław Czyżowicz
Aleksander Werner

Podatkowe definicje działalności gospodarczej

Tax definitions of economic activity
A concept of economic activity is constitutional element of Polish legal system listed in fundamental catalogue of Polish system rules - social and market-place economy (article 20 and 22 of Polish Republic Constitution). Wider understanding of this concept has been presented in Polish legal system as freedom of economic activity. In order to analyse this issue it has been examined in some statutory regulations. The amount of definitions and concepts is significant. Every time in order to achieve some particular goals economic activity and entrepreneur is defined newly. Therefore it rises a question: is it possible to create one and coherent definition of entrepreneur and economic activity, taking in consideration a constitutional and community law aim, to pursue a cohesion of legal system?

Anna Walaszek-Pyzioł

Prawna regulacja zapasów ropy naftowej i produktów naftowych. Zagadnienia wybrane

Legal regulations of crude oil and petroleum products stocks.
Selected Issues Decision on a fine is called an essential decision. Such a decision should be based on factual state current in a moment of its issuance. It means that circumstances determined in provisions being a base for inflicting a fine should exist not only in a moment of a given infringement of act (date of inspection), but also in a moment of issuing a decision. Therefore, if an entrepreneur before issuing a decision created or completed the obligatory stocks to a level required by the Act, it should be assumed that inflicting a fine is not permissible. Practice of Materials Reserves Agency is different in this scope - it stays on a position that exclusively reliable is factual state existing in a date of inspection. This issue is controversial. Irrespectively of a mode of its solution it should be consider de lege ferenda postulate to implement a rule that in case of finding a shortage in obligatory stock an inspecting organ (ARM) should summon an entity, in which any lapse was found to remove these lapses in determined period of time (in a form of decision) in obligatory mode (not in facultative mode as it is currently). The act should be also supplied with a regulation providing a possibility of inflicting a fine only when these lapses were not removed in appointed term.

Monika Tarska

Dane niedopuszczalne w Krajowych Rejestrze Sądowym

"Impermissible data" in National Court Register
According to article 12 passage 3 of the National Court Register Act if the register contains the particulars that are not permissible in the light of the provisions of law in force, the court of registration, after having heard the persons concerned in the court hearing or after having summoned them to make written declarations, shall remove the particulars from the Register ex officio. Determining the meaning of "not permissible data" clause and a scope of use of this provision is essential, in particular in relation to the inscriptions made on a basis of establishment agreements and resolutions of collective deciding organs of corporate legal entities, especially commercial companies. There are expressed two opinions in the doctrine related to interpretation of the above-mentioned term - one narrower meaning the data not provided by legal regulations and second - wider - including, besides above-mentioned, the data staying not in compliance with real legal status, as well as the data iscribed on the basis on non-existing or invalid acts. Assuming the wider understanding of "impermissible data" means that the register court has a right to examine the regularity of company's agreements and the general assemblies of shareholders in any case and ommiting a procedure provided in Commercial Companies Code. Due to the fact that the inscriptions in register have a legal impact not only in the legal sphere of registered entity but also in his contractors' sphere, but in particular the registrations of mergers and divisions of company, it is recommended to agree with narrower meaning of the clause and careful use of the article 12 passage 3 of National Register Court Act.

Mariusz Fras

Regulacja prawna umowy ubezpieczenia w Wielkiej Brytanii

The Insurance Contract Law In The United Kingdom
The axis of the legal regime of insurance contract in the United Kingdom is construed by common law, applicable to the contract law as a whole. Its sources are mainly derived from the case law, as insurance law is governed by statutory regulations only to a very limited extent. The exception is the Marine Insurance Act 1906, which provides a complex legal regime for marine insurance, but its provisions do apply however by analogy to other classes of insurance (especially provisions relating to insurable interes, good faith - uberrimae fides - disclosure of material facts by parties to the contract and the insurer's right to use reinsurance). As the British contract law is primarily based on contractual freedom, any conditions as to the contents of insurance contract have not been generally imposed on the parties. There are some exceptions, in which the parties, or the insurer in particular, are bound to observe certain legal requirements, that will be subject to a brief analysis in the article.

Orzecznictwo w sprawach gospodarczych

Elżbieta Skowrońska-Bocian

Sąd Najwyższy
Zdolność prawna wspólnoty mieszkaniowej