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Dr Krzysztof Żok
ORCID: 0000-0002-9407-5307

Assistant professor in the Chair of Civil, Commercial and Insurance Law at the Faculty of Law and Administration of Adam Mickiewicz University in Poznań.

DOI: 10.33226/0137-5490.2023.5.4
JEL: K11, K12, K15

The purpose of this article is to analyse the legal effects of the retention of title in the case of professional resale of the original copy of the work. The following considerations are aimed at determining whether the retention of title affects the moment when the author's claim for remuneration arises. The article also examines the effectiveness of the extended retention of title, i.e. a provision whereby the buyer must pay not only the price but also other fees to acquire ownership. This provision, considered controversial in the literature, is often stipulated by auction houses whose standard terms require the buyer to pay auction fee to transfer ownership of the original copy of the work. This, in turn, may raise serious doubts since the buyer is typically a consumer. The considerations in the article take into account the provisions of standard terms used by the largest auction houses in Poland. The article also discusses the main positions presented in German literature.

Keywords: civil law; copyright law; droit de suite; resale right; retention of title
DOI: 10.33226/0137-5490.2021.7.5
JEL: G340, G380, K150, K220

The purpose of this article is to investigate the  unlawfulness as a premise for liability of a management  board member for damage caused to the company. The  main point of reference for these considerations is the  case law which requires the company to indicate  a 'specific' provision breached by a management board  member. The article argues that such an approach  raises significant theoretical and practical difficulties  related to the precise determination of the correct  behaviour of a management board member. At the  same time, the analysis shows that the judgments most  often refer to the above requirement in a special  context, i.e. in cases concerning compensation for  damage caused by negligent behaviour of the  management board member. In conclusion, the article  questions the validity of the discussed requirement.

Keywords: unlawfulness; civil liability; company law