Przegląd Ustawodawstwa Gospodarczego nr 8/2013
Publication date: 2013
Place publication: Warszawa
PRZEGLĄD USTAWODAWSTWA GOSPODARCZEGO 8/2013
Michał Pyka, Uniwersytet Jagielloński
Fundacje korporacyjne - organizacje trzeciego sektora czy element struktury przedsiębiorstw?
Corporate foundations – third sector organizations or elements of the corporate structure?
The aim of this article is to analyze the character of connections between corporate foundations and founding corporations and to propose some amendments to the Polish Law on Foundations.
Establishing corporate foundations is an example of the „economization” of third sector organizations by founding corporations. In this way, founding corporations adopt the strategy of corporate social responsibility and pursue their own marketing goals.
Practical functioning of corporate foundations evidences strong connections with founding corporations, both in the financing sphere and in the running of the day-to-day activities. These connections are visible also in the law sphere, especially in statutes of corporate foundations. As a result, many corporate foundations cannot be regarded as NGOs. There is also a threat of abusing the legal form of foundation by founding corporations.
Amendments to the Polish Law on Foundations, proposed within this article, aim at ensuring the legal autonomy of corporate foundations. Legal form of foundation shall be accessible only for organizations that are independent from founding corporations and that autonomously shape their philantropic activity.
Piotr Śwircz, Uniwersytet Warszawski
Maciej Waś, Uniwersytet Warszawski
Przedawnienie świadczenia odsetek, a przedawnienie świadczenia głównego
Interest’s limitation in relation to the limitation of the principal benefit
The issue of delay interest’s limitation in relation to the limitation of the principal benefit has always been a burning and significantly complicated question discussed in the Polish civil law doctrine. The matter of interest is related to many legal concerns e.g. periodicity of benefit or accessory character. One should also bear in mind that the institution of interest possesses the variety of other functions in the legal system and economic transactions. Therefore, there exists an urgent need to constitute some clear rules for specific delay interest benefit. The intellectual attempt has been undertaken by the authors of this article to achieve that goal. The authors express their opinion on the non-accessory character of delay interest in the Polish civil law, which is highly controversial in comparison with the prevailing view expressed by the doctrine and in numerous judicial decisions. The article indicates the consequences concerning the particular qualification of delay interest benefit as of accessory or non-accessory nature in light of the Polish Civil Code’s provisions concerning the limitation period. Moreover, in the authors’ view the concept of periodicity of delay interest is supported by convincing legal arguments. The article also raises postulates for a future legislative initiative in respect of the act currently in force. These de lege ferenda demands are focused on the creation of an unambiguous legal regulation in respect of the delay interest benefit’s limitation period. Until that crucial moment, due to the concerns mentioned above, the civil law entities will encounter some economic difficulties in legal transactions.
Marcin Asłanowicz, Dział Procesowy i Arbitrażowy, Baker&McKenzie
It is accepted in the doctrine of the law that a non-state arbitration court cannot take any steps which require the use of coercive state measures. However, the provision of Article 1181 of the Civil Procedures Code (“CPC”), which has been in force since 2005, has enabled an arbitration court to issue a decision, on the motion of a party which has substantiated the claim it is seeking, to apply such a method of security as it considers appropriate for the subject matter of the dispute. Therefore, the powers of arbitration courts with regard to issuing injunctions have moved substantially closer to the powers of the state courts.
Given the wording of Article 1181 of the CPC, the regulations of arbitration courts do not need to introduce additional norms to enable the parties to arbitration proceedings to request a temporary injunction. Even so, many sets of rules of Polish and foreign standing arbitration courts, as well as the UNCITRAL Rules and Model Law, govern the conditions and procedure by which the adjudicating panel may issues temporary injunctions. One of the elements of this regulation is the introduction of a specific type of arbitrator (referred as an emergency arbitrator), whose primary objective is to review an injunction motion. The objective of this article is to analyse this institution and to consider the main differences and similarities between a permanent arbitrator and an emergency arbitrator. This issue appears to be particularly important, given the lack of publications devoted to precisely this issue to date.
Ochrona obrotu gospodarczego w słowackim Kodeksie karnym
Economic protection in the Slovak Criminal Code
The subject of publications are provisions to ensure the criminal business in Slovakia, set out in the criminal code. The issue of this scope is not from Poland, known. The publication begins with a presentation of the basic information about the Slovak Criminal Code, further illustrates the breakdown of the rules that are used for this purpose. Statutory description of crimes materially differs from Polish solutions, hallmark is the detail in defining solutions subject to punishment. Breakdown of crimes includes acts directed against property, crimes associated with trafficking, against creditors, economic discipline, tax offences and corruption crimes. Unusual arrangement are presented the Slovak with which code we meet in the Polish criminal law. A separate chapter is dedicated to repealing the criminal liability of the strict conditions in specific situations. Occupy important place provisions to ensure protection of consumers and the sphere of public contracts and the protection of the financial interests of the European Union.
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