Przegląd Ustawodawstwa Gospodarczego nr 9/2013
Publication date: 2013
Place publication: Warszawa
PRZEGLĄD USTAWODAWSTWA GOSPODARCZEGO 9/2013
Aleksander Lipiński, Uniwersytet Śląski
Prawna ochrona złóż kopalin
Legal protection of mineral deposits
Mineral deposits are non-renewable elements of the environment. It causes the need of their protection consisting in creating opportunities for use for future generations. This requires their protection against land determination that excludes or impedes future exploitation of mineral deposits. Basic instruments of such protection may be sought in the spatial planning. Unfortunately, these solutions are working in a very limited way. The main instrument of such planning is a local development plan, which is an act of local law, generally binding on the concerned area. Although it must include measures to ensure the protection of mineral deposits, its enactment is not obligatory. That is the reason why economic decisions, including measures drafted to mine the minerals or to protect them, may be unrealized. The reasons for the lack of local plans may be found in the fact that the communities are scared of the legal consequences of the loss of value of land due to the entry into force of the local plan, for example banning its destination for building purposes.
Tadeusz Ławicki, Uniwersytet Łódzki
Samorząd gospodarczy w Polsce
The economic self-government in Poland
Self-governing issues constitute subject of interest of many sciences (e.g. philosophy, sociology, economics, law, politics) so it has interdisciplinary character. Changes which followed up after 1989 are characterized by reconstruction local government and economic self-government. The economic self-government did not wait till new law regulations, despite many attempts made after 1993, numerous initiatives of scientists supported by several businessmen organizations. Currently binding legal bases of action economic self-government are effect of changes which took place in 1989. They create system based on action of numerous private law organizations; differently has been created agricultural self-government based on agricultural chambers which are public law organizations. Lately we observe also creating of sector self-governments – insurance, warehouses, credit unions. The newest proposals prepared by businessmen organizations are interesting – general economic self-government bill and chamber of commerce and industry bill are supported by scientists (Poznan and Wroclaw Universities) for long time. Works to act new law regulations at the subject of economic self-government should concentrate on both of these bills.
Z praktyki gospodarczej
Tomasz Szczurowski, Uniwersytet Kardynała Stefana Wyszyńskiego
Podwyższenie kapitału zakładowego spółki z o.o. bez zmiany umowy w świetle najnowszego orzecznictwa
Increase of share capital in limited liability company without amending articles of association in a light of newest jurisdiction
The article describes problems connecting with an increase of the share capital limited liability company without the need to amend the articles of association. The main topics of the paper are possibilities of the increase and general principles of taking up shares. It is important subject in light of verdict of The Supreme Court, dated 17 January 2013, which was issued by seven judges of The Supreme Court. As the Supreme Court observed this type of increase of the share capital shall be effected through an increase of the nominal value of the existing shares or by the creation of new shares, but in the second cause shares have to be subscribed for the shareholders in proportion to their existing shares.
Odpowiedzialność wekslowa rzekomego przedstawiciela.
Glosa do wyroku Sądu Najwyższego z 19 czerwca 2008 r. (V CSK 48/08)
Prawo własności intelektualnej
Joanna Błeszyńska – Wysocka, Uniwersytet Warszawski
Pojęcie importera w świetle art. 20 ust. 1 ustawy o prawie autorskim i prawach pokrewnych
Concept of importer in the light of art. 20 passage 1 of an Act on copyright and related acts
Act on Copyright and Related Rights of February 4, 1994 (hereinafter referred to as „the Act”) provides remuneration compensating consequences resulting from multiplication of works for private reasons (“private copying”). Creation of this remuneration has been guided by the will to maintain private use permitted without the need to obtain the consent of rightholders or to pay remuneration. Such regulation resulted with the need to achieve balance between negative consequences of private copying and authors interests. Possibilities to create copies of works have changed from technical point of view since the Act has been adopted: the range of devices enabling copying as well as blank carriers available on the market has grown over the years. The debates on future copyright have been however followed by the awareness, that the range of devices enabling private copying, shall be more and more wide. With regard to unprofessional use, in particular to copying for own personal use, digital devices have dominating position. In addition, copies produced by such devices are able to meet basic demand for copy of work. Using a digital copy results even with wider possibilities to use the work than using its original version. Remuneration introduced by Article 20 of the Act has been created to compensate this use to authors (performing artists) and to producers (publishers) of works. The purpose and nature of private copying remuneration has significant importance to understand the definition of „the importer” used in Article 20 of the Act. Polish accession to European Union of May 1, 2004 has not influenced the subjective scope of the obligation to pay remuneration. The reason is, that the remuneration has implications for marketing of goods and services carried out in the common market. The remuneration’s aim is to compensate results of private copying within Polish territory. Looking from this aim’s point of view, it doesn’t matter where the copying device (blank carrier) comes from, just as it doesn’t matter, whether the device has been produced in Poland or abroad. The deciding factor is placing the device on the Polish market and enabling making use of it in the aforementioned way. The compensation for authors/performing artists and producers/publishers for using devices and carriers to make copies of works for own private use within Polish territory is being collected as the lump sum calculated on the basis of device’s or carrier’s selling price. The whole structure of remuneration is based on possibility to use the device or carrier for own private use to copy works. The Act in force using the term „importer” refers to importers in the strict sense – so to any entity importing goods from the territory of third countries to European Union’s territory, as well as entities providing acquisition and delivery within European Union’s territory. Goods originating from European Economic Area are not domestic and turnover of these goods in Poland is possible due to transporting across the border. Due to this fact, despite of functioning of common market within the European Union, the definition of transporting goods from this market is still valid. Imported goods are goods originating not from domestic producer, whereas the producer is an entity manufacturing goods in course of provided business activity in order to sell them. Article 20 of the Act is not referring to import in the meaning of customs or tax regulations, it is not dealing with public tribute resulting from crossing the border of Poland, but with remuneration of civil character.
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