Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1996, nr 4

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Źródła praw i obowiązków stron umowy międzynarodowej sprzedaży towarów
(Wydział Prawa i Administracji UAM, 1996) Napierała, Jacek
The present papers' subject are general remarks on the application scope of the Vienna Convention and on the character of other sources determining legal contents of rights and duties of parties involved. The Convention is to be applied d i r e c t l y only if both parties have their registered office in two different countries as understood in the Convention (art. 1, al. la). The Convention is applied i n d i r e c t l y if the rules of international private law indicate as being proper the law of the State-signatory of the Convention (art. 1, al. lb). In conformity with the art. 95 of the Convention every State may exclude the application of the latter. When analysing this compromising solution the attention has been drawn to situations more particular because of: a) localization of a court, b) State the law of which is indicated by collision rules. Special problems arise when there has been indicated as proper the law of such a State which excluded application of the art. 1 al. lb of the Convention. The Convention does not offer legal solutions for all problems involved with a contract of sale. The application scope of the Convention has been determined in two ways: positively and negatively. The exclusion of cases not subject to the Convention in not complete (conf.: "in particular"). So, there is a category of cases that concern matters regulated in the Convention which, however, have not been treated there expressively. Getting such a lacuna filled in takes place according to the dispositions of the art. 7 of the Convention, namely: a) taking into consideration "general principles" on which the Vienna Convention was based; b) only when it is impossible to reconstruct such a principle on a basis of the Convention, there is a possibility to consider some actual case as being situated beyond the application scope. Then the law indicated by international private law is involved - in its capacity of ultima ratio. The Convention finds also its application if parties make a choice of the law of a State obliged by the Convention, even independently on wheather such a law should otherwise by indicated by international private law of a State of the court or not. Since it is admitted that the principle of autonomy of a choice by parties to a contract is one of the "rules" of international private law as understood by the art. 1, al. lb of the Convention. This choice can be made in an implied way. In every situation the Convention can be refered to as non-normative pattern binding parties by virtue of their mutual consensus. Apart from dispositions of the Convention the contents of some concrete relation is determined as well by: a) home law, b) stipulations of the agreement (i.e. contents of the contract), c) commercial customs and practice, d) interpretation rules related to the application of the Convention.
Zagadnienie reaktywowania ubezpieczenia brackiego (spółek brackich)
(Wydział Prawa i Administracji UAM, 1996) Jończyk, Jan
The Author gives his careful consideration to the idea of reviving in Poland miners, insurance companies referring to interwar tradition, mainly in Silesia. His deliberations pretend to establish the lind of relationship (subjective, financial and organizational) in which such a miners, insurance company would be maintained towards general sicual insurances (i.e. State owned and private) and old-age pensions as well as - what kinds of risks whould be covered by miners' insurances, who should finance them and, finally, whether the idea itself is not in collision whit governmental programme of social insurances reform.
Nowe rynki papierów wartościowych a lekcje z historii
(Wydział Prawa i Administracji UAM, 1996) Sweeney, Richard J.
Many stock markets develop in step with the country's economy. Of course there is likely some two-way causation between developments in the economy and stock markets. In the U.S., before the 1930's there was relatively little Federal control over stock markets, and stock markets evolved in a more or less satisfactory way. Swedish stock markets evolved over 100 years in a remarkable manner that may be applicable to an emerging stock market that government gives room to evolve. In the early 1890s, stocks traded once a month through one broker. In the later part of the decade another broker entered and trading occurred twice a month. No stock traded in every month during the decade, and the median and mean number of trades was one for stocks that traded at all. By the late teens of the twentieth century, the market had evolved to where a stock market index was meaningful. In the post second world war period, Swedish turnover taxes drove much trading to London for big firms and large trades. Bad government policy can hurt the evolution of emerging stock markets. Much interest in emerging stock markets arises from high returns and low correlation with developed-country markets. The belief in high returns and low correlations arises from data from the late 1980s and early 1990s. These patterns are unlikely to repeat. The benefits of diversification look substantially smaller when data from the 1890s on are examined, primarily because of the disasters of the first and second world wars. Emerging market economies should not count on continued outside interest that result from overestimation of the benefits of international diversification.
Charakter prawny postępowania przed Urzędem Ochrony Konkurencji i Konsumentów
(Wydział Prawa i Administracji UAM, 1996) Sachajko, Marek; Żółtko, Marek
The July 24, 1990 Act on counteraction against monopolistic practices (Antitrust law) was enacted with aim to guarantee a development of competition, protection of economic entities exposed to monopolistic practice, and protection of the consumers'interest. In this act there are regulated both substantive and procedural matters. The anti-trust procedure before the Office has its specific characteristics which are quite different from the general principles of administrative procedure. Provided above analysis of laws, judicial decisions, and legal literature allowed to show all particular, different points of the procedure before the Office where there are, inter alia, ways to start the procedure, question of standing, oneinstance process, and also a different regulation of recourse.
Sytuacja prawna pracowników komercjalizowanych i prywatyzowanych przedsiębiorstw państwowych
(Wydział Prawa i Administracji UAM, 1996) Niedbała, Zdzisław
The Author analyses legal situation that emerged after coming into force of the law of 30.08.1996 on commercialization and privatization of State owned enterprises. Two types of privatization are discussed: indirect and direct. When describing commercialization of an enterprise the Author focuses on changes within the structure of agencies of the economic subject transformed. He cites what kinds of individuals and on what conditions - in the light of the above law - are authorized to gratuitously purchase stocks (shares) of their own enterprises. This involves not only present employees but also all retried persons, other pensioners and, finally, employees dismissed from work on group principle. The Author stresses also that according to the dispositions of the law persons cited in article 2 points 5b and 5c are nor granted passive nor active election law to the supervisory board and to the administration board of the company emerged from the commercialized enterprise.
Dylematy polityki polskiego handlu zagranicznego
(Wydział Prawa i Administracji UAM, 1996) Rynarzewski, Tomasz
During recent transformations of Polish economy the foreign trade is supposed to answer a purpose of acting in favour of acceleration and lowering the costs of development. The diagnosis of the situation indicates a series of disquieting phenomenons such as disbalancing of commercial balance, lowering in export profitability, unfavourable wares structure in foreign exchange and high indebtedness abroad. Hence the tasks for Polish foreign trade policy must focus on the need of rising the competitiveness of export and diminishing import share in the volume of trade. The above task is feasible within the framework of strategy aimed at accelerated development of export and mild reduction of import. In the case of protection policy the point is to determine the scope of the protection and to make a choice of protective means for home market. Lack of perfection in functioning of market mechanisms in present Polish economy justifies today mild kind of protection policy with additionally some rigour builtin the whole of the system. Less efficiency in traditional protective means (custom duties, rates of exchange) suggests appealing to other more selective means (anti-dumping and anti-subventionning procedures, agreements and standards relating to goods quality as well as restructural clause). As far as rates of exchange policy is concerned the basic dilemma is the choice of the kind of the rate. Functional reorientation of the rate of exchange is justified because of disbalanced commercial balance: the range of oscillation should be enlarged and steady monthly devaluation - eliminated; the result should be more importance of reaction on external balance. Main conclusion is the constatation of the need for elaboration of long-term policy in Polish foreign trade - including clearly defined tasks and means to realize them. This shall permit to get optimal the process of solving the dilemmas emerging with more intensity during transformation of the economy.
Rozważania o "racjonalności" w dziedzinie prawa karnego
(Wydział Prawa i Administracji UAM, 1996) Janiszewski, Bogusław
The paper is an attempt to estimate (through the optics of a specialist in penal law) the needs and possibilities of evaluating decisions taken within the scope of penal law (in relation to creation and application of law) from rationality criterion. This is a criterion used by penalists without anyrelativization. Types of such abuses are subject of the first part of the paper. Next follows explanation of different ways of understanding this "rationality", referring to approaches of German author Bernhard Peters and of Lech Morawski, Polish law theoretician. Succeeding considerations concern the criterion of "efficiency of law" and its relations to the requirements of rationality Then the Author presents his reflections on "rationality" of axiological foundations of the law when we take into consideration formal and material sense of the term. In this context a question was formulated about the law based on human rights which are not a proclamation of one out of many systems of values but have their meta-positive justification that reaches back to what in reality a human being is. The article ends with remarks done a propos enunciations by G. Kaiser, G. Stratenwerth and H. Zipf in what concerns their understanding of the term "rational criminal policy" and limitations of appealing to the rationality in this very context.
Europejska infrastruktura instytucjonalna
(Wydział Prawa i Administracji UAM, 1996) Ratajczak, Marek
The general aim of the paper is a systenatization of concepts and also an analysis of some aspects of the process of forming institutional infrastructure in Europe after the collapse of centrally managed economic system. Characteristic feature of such transformations is that they concern mainly the sphere of non-material components of economic subjects' surrouding. This involves difficulties in monitoring them and in interpreting them in a strict way. Europe needs a transformation of all the elements of its institutional infrastructure. In teh case of such institutions-organizations as European Union or NATO - an evolution is expected towards their more universal character. Within the institutions of codified principles the developing of European political infrastructure (i.e. agreements serving increased co-operation of all States of the region) is more particularly desirable. The element that unites transformations of institutions-organizations and institutions-formali zed principles is the fact that both of them are undertaken fully consciously. Also changes within institutions-non-formalized principles are of much importance for the process of European integration. The changes are the result of very complex and time consuming economic and social developments. The need for such changes involves more particularly the societies of former Eastern Europe which, under specific conditions of centrally planned economy, have developped institutional system quite difficult to adept it to the market economy.
Spis treści RPEiS 58(4), 1996
(Wydział Prawa i Administracji UAM, 1996)
Nowelizacja ustawy o postępowaniu w sprawach nieletnich
(Wydział Prawa i Administracji UAM, 1996) Górecki, Piotr
The Author discusses ledal state after coming into force of the law of 19.06.1995 that amended the law of 26.10.1982 on penal proceedings in juvenile cases. Comparing changes accoplished in particular of the law the Author comes do conclusion that they are not satisfactory enough. The changes are mostly fragmentary and are of repressive character. On the other hand one must approve the amendment of the articles 8 and 64 par. 1 of the old law as well as the introducing of new disposition which allows to stay the proceedings when a juvenile hides or it is impossible to detain him.
Wymiana handlowa jako czynnik postępu cywilizacyjnego w teorii Józefa Supińskiego
(Wydział Prawa i Administracji UAM, 1996) Szymański, Zdzisław
Scientific works of Józef Supiński (1804 - 1893), i.e. Myśl ogólna fizjologii wszechświata (General concept of universal physiology, Lwów 1860) and Szkoła polska gospodarstwa społecznego (Polish school of social economics, Lwów 1862, 1865) were issued in late romanticism period. They had been inspired and, in the same time, were a reaction to Filozofia ekonomii materialnej ludzkiego społeczeństwa (Philosophy of material economy of human society) by Henryk Kamieński (iisued in Poznań, 1843 and 1845). Philosophical and social conceptions of H. Saint-Simon played here also an important part. Following Kamieński Supiński stresses civilizational role of commercial exchange and its favourable influence on increase of the volume of production and social wealth. Being human creation this exchange brings leads social relations to perfection and eliminates by the way all forms of violence. It is also a binding agent uniting individuals into a society. Supiński discusses some categories of market ekonomy: money and credit, and first of all - the concurrence meant as emulation or contest. Analogically to H. Kamieński he also creates a deductively sophisticated model of free concurrence. This model is approached now by economies of highly developped Western European countries. Among disbalancing factors he cites: lack of full information on the production volume of a given produck within global scale and, on the other hand, on buyers' preferences, as well as different level of innovations' application.
Rozszerzenie Unii Europejskiej na Wschód i jej perspektywy rozwoju
(Wydział Prawa i Administracji UAM, 1996) Pechstein, Matthias
The first part of the article deals with questions concerning the oncoming enlargement of the European Union by former eastern-bloc countries such as Poland, Hungary, the Czech and Slovakian Republics, Romania, Bulgaria as well as Slovenia and the three Baltic states. It focuses upon the "europe-Treaties" which the European Union has concluded or is going to conclude the countries obove. The question being raised is whether these treaties can be regarded as sufficient preparation for future membership in the European Union. The treaties' specific deficiencies, such as the existence of a safeguard-clause, as well as the exclusion of a unitary competition right and of the agrarian market are mentioned. The enormous differences between the GDP per capita of the most advances Vysehrad-countries and least developed members of the European Union, as well as the non-compatible structure of these countries' national economies are expected to cause extraordinary problems of adjustment. Furthermore the question is raised if the option of further integration without membership would not be a viable alternative for the oncoming 8 to 10 years. The second part of the article deals with the future perspective of an enlarged Union. First the specific three-structure of the Union is described; the Union being characterized as a "compound" of supranational and intergovernmental elements. Questions concerning the oncoming reforms of the institutions are raised. Furthermore, the article deals with the aspect of a guiding principle for future political development of the Union. The Author concludes that the idea of a European State cannot be regarded as a realistic perspective for the oncoming decades. The objective of a general supranationalisation in the field of European cooperation would inevitably lead to a fundamental conflict with the principles of democracy; this being due to the lack of a unitary European nation as the sovereign and the subject of democracy. A mixed structural "compound" not unlike the present three-pillared structure is therefore the only realistic alternative in the foreseeable furure. Moreover the entire process of cooperation demands a stronger diversification in that not all members have to participate in all fields of integration at the same time.
Zgoda oskarżonego na orzekanie o warunkowym umorzeniu postępowania karnego (rozważania de lege lata i de lege ferenda)
(Wydział Prawa i Administracji UAM, 1996) Paluszkiewicz, Hanna
Conditional discontinuance of penal proceedings which is peculiar mean of penal responsibility may be applied only within regular penal case where there is a possibility of giving a sentence with some material contents. Penal code did not foresee any special form for to get such an act effective. The Author ponders what is the place and the role of the "consent" of the accused against the background of the other conditions of pronouncing conditional discharge. The accused can express his consent or his objection against a decision on a conditional discontinuance of criminal proceedings. We should admit that a change of the position of the accused in this question is allowed and, according to the projekt of new code of penal proceedings, it can be expressed in any form intelligible for the court.
Wybrane zagadnienia ustawy o nabywaniu nieruchomości przez cudzoziemców w Polsce w świetle Układu Europejskiego ustanawiającego stowarzyszenie między Wspólnotami Europejskimi i Polską
(Wydział Prawa i Administracji UAM, 1996) Popowska, Bożena
The Author analyses chosen solutions of the law on purchasing real properties by foreingers from 1920 after its amendment of 15.03.1996. Considerations' sobject are the dispositions which do liberalize purchasing real properties by foreigners as well as those which are introducing new restrictions. In her commentary the Author draws our attention first of all to relations of new regulations to obligations assumed by Poland in European Treaty and to realizing European legal standards.
Wpływ wybranych czynników psychospołecznych na proces podejmowania decyzji kredytowych w banku
(Wydział Prawa i Administracji UAM, 1996) Kowalczyk, Elżbieta
Economic transformations taking place in Poland after 1989 did not avoid such a branch of services as banking business. One of the most important alements to shape a new friendly to a client image of a bank is that of improving the quality of serving him and of reacting promptly to newly emerged needs. Within the process being object of attention in this paper the influence of both psychological and social factors is more and more appreciated. The action of factors mentioned modifies the final shape of decisions to be taken and both of them help to establish mutual contact between the bank clerk and his client as well as to fix up the image of a bank. The author discusses chosen psychological and social factors and characterizes their influence on the process of crediting decisions making in a bank. The author assumes that an evaluation of credibility of a banks' credit clients is a fundamental element in the analysis of decision within the process of crediting someone. Then follows brief characteristic of the process of such a decision analysis relating to an evaluation of crediting capacity with special stress on its personal aspect. Basic assumption here is a constatation that every client of a bank is perceived from threefold perspective by an employee of financing institution: - his own perspective, - perspective of a client himself, - perspective from surrounding circumstances. The element froming proper optics of a bank employee is the impact of importance of the first contact on the course of decision making in crediting process. The optics of a client himself is characterized with factors relating to organization of interpersonal contact between a bank clerk and the client of financins institution. We can find next a discussion of consequences of different space perceiving by interlocutors and some principles for psychological attempt to describe the organization itself of such a négociation.The optict of a bank clerks' surrounding influencing the quality of decision making process has been described through the effects and actions of a bank. The author focuses here on the process of shaping the attitudes of bank managers towards a client and also - in relation with a bank otself. The final part of the paper is devoted to personality features that influence the decision making process. Are considered as being significant: - stress resistance, - assertiveness, - feeling of the control well placed. Summing up the author draws the attention to the fact that bank clerks are generally deprived of psychological competences adequate to fully use the potential being inherent in psychological and social factors modelling the decision making process in a bank. Usuallu professionals are not hired to help enriching the process of evaluation of a firm with psychological and social aspects.
Sprawozdania i informacje RPEiS 58(4), 1996
(Wydział Prawa i Administracji UAM, 1996)
Przegląd piśmiennictwa RPEiS 58(4), 1996
(Wydział Prawa i Administracji UAM, 1996)

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