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Dr Maciej Etel
ORCID: 0000-0003-1740-4688

Doctor of Law. Assistant Professor at the Public Commercial Law Department of the Law Faculty of the University of Białystok. Author of more than 120 publications in the field of public commercial law, including monographs and articles in ranked journals. Participant and co-organizer of national and international scientific conferences.

 
DOI: 10.33226/0137-5490.2025.8.5
JEL: K21, K29, K40

This study analyses Article 19a of the Law of 6 March 2018 – Entrepreneurs’ Law and the entrepreneur’s obligation empowered by this provision to enable cashless payments, which came into force on 1 January 2022. It refers to the ratio legis of the regulation and the essence of the obligation, its relevant features, including the scope of subjects and objects, as well as the preferences and restrictions intended to motivate its application. The analysis primarily covers the provisions of the law enriching their interpretation with explanations from the legislator and the achievements of doctrine. Significant to the topic and the adopted scope of consideration is the scarcity of academic publications focusing on Article 19a of the Entrepreneurs’ Law and the entrepreneurial obligation set forth in this provision. The analysis taken up in this article makes it possible to see and demonstrate the issues that are important for the correct interpretation of the provision, as well as for the application and enforcement of the obligation authorized by it.

Keywords: entrepreneur; cashless payment; Entrepreneurs Law; economic activity
DOI: 10.33226/0137-5490.2021.10.5
JEL: K21, K29, K40

This study analyzes the entrepreneur's right to make a mistake under Article 21a of the Act of 6 March 2018. Entrepreneurs Law. It presents the essence and ratio legis of the institution. It discusses its basic structural elements and relevant characteristics constituting the prerequisites for its application, including: temporal and subjective limitations, one-off nature, summons and written statement, deadline for remedying violations and their possible consequences, self-control of the entrepreneur, obligations of the entrepreneur who wants to use the right to make a mistake, the effects of this institution, as well as exclusions from its application. The aim of the study is to answer the question: Is the right to make a mistake an institution that can improve the situation of the entrepreneur and strengthen the guarantees of freedom of economic activity in Poland?

Keywords: entrepreneur; right to make a mistake; Entrepreneurs Law; entrepreneurial activity
DOI: 10.33226/0137-5490.2020.12.2
JEL: K21, K29, K40

Proceeding on excessive delays in payments in commercial transactions is a new proceeding conducted by the Competition and Consumer Protection Authority in Poland (which is the President of the Office of Competition and Consumer Protection). Its purpose is to improve the legal environment for commercial transactions by reducing excessive delays in payments. The aim of the article is to describe the legal basis of the proceedings and to indicate the characteristic features of the solutions adopted. It refers especially to initiation, duration and termination of the proceedings and the competences and decisions of the conducting authority.

Keywords: delays in payment; proceedings; Competition and Consumer Protection Authority