Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2000, nr 4
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Item NEKROLOGI. WSPOMNIENIE POŚMIERTNE O DOCENCIE JERZYM WALKOWIAKU (11 X 1946 - 16 I 2000)(Wydział Prawa i Administracji UAM, 2000) Chmara, MichałItem INFRASTRUKTURA A WZROST I ROZWÓJ GOSPODARCZY(Wydział Prawa i Administracji UAM, 2000) Ratajczak, MarekThe main threads of the debate on importance of infrastructure as a condition for growth and development processes have been, presented in the article - starting from the idea of the so-called „big push” and ending with the theory o f endogeneous growth. Especially the last mentioned conception seems to be of particular importance not only from the point of view of originality of viewing mechanisms o f economic growth but also in what concerns some essential implications for economic politics. Taking into consideration different conceptions we must state that there is no doubts at all that an infrastructure is necessarily needed for the processes of growth and development could ever take place. It does not however mean that it is possible to consider the infrastructure and adequate public financial allocations as being a factor sufficient for to initiate and then maintain growth processes or even a factor guaranteeing increased activity of private sector. Also it is not possible to univocally determine the direction of casualness in the relationship between economic growth and infrastructure. An interdependence occurs in this case, however it could be very hard to treat univocally one o f the variables as being independent. A lack of simple casualness between the infrastructure and economic growth can not nevertheless be identified with marginal character o f the meaning of changes in infrastructure for the results of economic activity. A long lasting infrastructural indigence and consequently - poor services rendered - do weaken or even in extreme situation can render it impossible to achieve some positive results of economic growth and development.Item EWOLUCJA ADMINISTRACYJNOPRAWNEJ REGULACJI KORZYSTANIA Z DRÓG PUBLICZNYCH W II R.P.(Wydział Prawa i Administracji UAM, 2000) Kołaczkowski, BartoszWhen evaluating legal acts in force within the period 1918 - 1939 relating to the State intervention in the sphere of using public roads one has to keep in mind that these regulations were a pioneer work; literally — own errors served as a lesson. On one hand — our own system of administrative law was in its very beginning and, on the other, social phenomenon of automobile transport was a too quite new and unknown until then thing. And for this reason we must highly appreciate achievements of the then legislator in this respect, and more particularly - we must stress the fact that - despite o f many solutions that proved to be a mistake - in late thirties there already was existing a whole system o f the State intervention in this sphere. Main tendencies we can observe in this field are: - constantly increasing exigencies in relation to technical conditions that must be fulfilled in case of automobiles admitted to the traffic on public roads, - creation and precise adjustment of principles of traffic, - diminishing of exigencies for drivers (age, knowledge of Polish language or even property status), clear developing of provisions aimed at security of traffic, more importance attached and ameliorating register systems (concerned vehicles and drivers, too), gradual transmitting of competencies of administrative organs to social organizations (e.g. - examination of candidates for drivers), limitation of the number o f agents authorized for controlling the traffic. According to the Author the provisions developed mainly towards: agglomeration of provisions comprised primarily in many normative acts (uniting of similar regulations) and issuing of legal acts with wide range of regulations - briefly, „setting the law in order”, augmentation of precision level in what concerned the language used in particular legal acts on the way of eliminating casuistiy.Item Spis treści(Wydział Prawa i Administracji UAM, 2000)Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Promieńska, HalinaElementy etyki gospodarki rynkowej, praca zbiorowa pod red. Barbary Pogonowskiej, Polskie Wydawnictwo Ekonomiczne, Warszawa 2000, ss. 262.Item INTELIGENCJA POLSKA NA RYNKU PRACY(Wydział Prawa i Administracji UAM, 2000) Ziółkowski, MarekThe intelligentsia as a social stratum - despite of the fact that, generally speaking, is doing quite well within the new system - begins nevertheless to differentiate and disintegrate on a more and more larger scale. Ordinary white-collar workers are subject to a pauperization and only hardly are able to adapt themselves to new conditions. Another and quite big part of the intelligentsia is successfully transforming into a „knowledge class” which is typical for Western countries; they are professional and market oriented people equipped with their knowledge but they lose in the same time a sense o f community; they are divided into pragmatically oriented groups of professionals and become an assemblage of highly qualified experts and specialists with higher schools certificates. However the role of intelligentsia as an elite which is supposed to be a source of patterns, the carriers of national culture as well as moral leaders is constantly subject to being weakened and depreciated. It seems however that Polish intelligentsia does assume and still is able to assume its two fundamental social functions even in new situation. In the ethos of the intelligentsia in Poland an immense role has always been played by the need of liberty, individualism, sense of innovations and responsibility. In its modem version this ethos is likely to have two basic versions, as it seems. The one - oriented at individual success, effectiveness and modernization - is being confessed by representatives of the growing group of market oriented professionals. This group shall be dominating numerously. The second form of the ethos is realized, and it should continue to be so still in the future - by an intelligentsia of classically educated kind, i.e. humanistic (as well ordinary white-collar workers as more market oriented), which maintains national cultural tradition but which in the same time is open minded and is facing the whole world and looking after common elements and differences between Polish national culture and other cultures in order to diminish some tensions occurring and facilitate this way mutually profitable contacts of Poland with the world.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Borkowska-Bagieńska, EwaAdam Lityński, O prawie i sądach początków Polski Ludowej, Białystok 1999, „Temida”.Item NEKROLOGI. TWÓRCZOŚĆ NAUKOWA JANUSZA ZIÓŁKOWSKIEGO(Wydział Prawa i Administracji UAM, 2000) Kwilecki, AndrzejItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Golec, MariaJakość w banku w praktyce i teorii zarządzania, pod red. Krzysztofa Opolskiego, CeDeWu, Warszawa 2000, ss. 200.Item ESOP A LEASING PRACOWNICZY(Wydział Prawa i Administracji UAM, 2000) Zwierzchlewski, SławomirOn July 13, 1990, the Parliament o f the Republic of Poland voted the law on privatization of State owned enterprises. The law in question comprised a series of pro-employees dispositions including a possibility for them to take over the enterprise for to use it against payment. Such a technique has been defined as leasing-like privatization and became quickly - in quantitative aspect - a leading path of privatization. The conception of employees’ privatization (which in Poland has assumed concrete from of leasing-based companies) admitted that within the existing legal order the property of a State owned enterprise was not univocally assigned to the State because there is here an essential, virtual self-governmental component. In Summer ’89 the idea of the ESOP (Employee Share Ownership Plan) - imported from the USA - made its appearance in Poland. It was met with great enthusiasm in the employees’ milieu of the country. It seemed to the advocates of the ESOP that the ideas of general employees’ share ownership do perfectly meet expectations and conditions of Polish national economy. This idea was perceived as a sui generis panacea - first of all of social character - for all the pains involved with the process of systemic transformation. And despite of the fact that the American ESOP conceptions have never been generally adopted in Polish practice - they were o f a very important impact on developing of the so-called leasing-bome privatization.Item AKTYWNOŚĆ BEZROBOTNYCH W ŚWIETLE PSYCHOLOGICZNYCH MODELI POSZUKIWANIA PRACY(Wydział Prawa i Administracji UAM, 2000) Chirkowska-Smolak, TeresaConsiderations of the Author are focused on conceptions relating to searching of a job by unemployed people as well as on an attempt to verify premises of respective models of job searching that were generated within the framework of social sciences. Against this background a dynamic process of job searching has been presented, seen as an adaptive strategy of overcoming the position of unemployed person. Such an activity is an action aimed at desired goal and its most important premise says that the value itself of this goal as well as expectation involved with reaching it are main factors of motivation towards adequate remedial measures or steps. Variants relating to personal character features and to situational facts first of all - do play an eminent role in undertaking such measures. The adoption of such an assumption enables us to overcome simplifications proper to economic models but also - limitations of the hitherto models as proposed on the ground of psychology.Item ANALIZA PRASOZNAWCZA ARTYKUŁU PROMUJĄCEGO(Wydział Prawa i Administracji UAM, 2000) Nieć, MateuszThe paper is devoted to an analysis of the public image o f a firm from the point of view of the science o f interpersonal communicating (press-specialization). The research work has been limited to an analysis of the quality of a communication via the mass-media which is of decisive impact on effectiveness of communicating. The Author is interested first of all by constructing process of commercial medial transmission such as promotional article. The research was done on the basis of monitoring of the two most popular Polish weekly papers, i.e. „Polityka” and „Wprost” - as leaders on the market of promotional articles. A method typical in press studies was used - i.e. a content analysis. The results obtained enable to formulate several theses two following of which are essential: in promotional articles distinct publicizing elements have occurred. Having often recourse to mixed forms (press advertising plus radio, for instance) even by big and rich firms (banks, international concerns in technology) is already certain tendency in development of public relations and advertising - a tendency to mutual lending and permeation of technical patterns of communicating. And now for second thesis: The Author does observe the appearance of two trends in promotion o f a reputation by the press. First trend is oriented towards a mass client and, as a rule, these are short radio announcements (promotional advertisements, sponsorship advertising, greetings advertisements). Second trend is directed with its advertisements entries to shareholders, financial and political institutions, managers and local V.I.P.-s. Here another rhetoric is used - longer commercial press declarations, also traditional promotional articles are frequent. Within the framework of promotional articles we can observe lending of patterns taken from publicizing companies but we can not state any convergence (likening) because of the fact that promotion of a reputation in the press does operate its own specific elements.Item WŁASNOŚĆ URZĄDZEŃ PRZYŁĄCZONYCH DO SIECI PRZEDSIĘBIORSTWA ENERGETYCZNEGO (UWAGI O WYKŁADNI ART. 49 K.C.)(Wydział Prawa i Administracji UAM, 2000) Olejniczak, AdamThe Author interprets the article 49 o f the Civil Code and formulates a thesis that such devices - by virtue o f the mentioned article - are separated movable goods and by no means they are not integral fractional part o f any immovable property. So, the article 49 does not permit to recognize such goods as being fractional parts of any immovable property with which they are durably connected nor o f real estate on which they were constructed nor o f other immovable property, e.g. property that is belonging to the enterprise into which they are incorporated. Power station does acquire rights to the above mentioned equipment starting from the very moment of their incorporation. The incorporation does not however mean mere connection o f an equipment to the power network in a physical sense. In fact, we must consider that such an incorporation equals to the result involved with concluding an agreement on incorporation. Because just on the basis o f a contract concluded with the power station the equipment mentioned becomes fractional part of the enterprise as its movable goods. Depending on a contents o f the contract on incorporation - the power station can acquire an ownership of this equipment or another property law such as, for instance - renting, usufruct or leasing. Such a right shall be one o f integral parts of the assets of the enterprise (article 551 of the Civil Code).Item INTEGRACYJNA FUNKCJA LOGISTYKI W ZARZĄDZANIU CELAMI PRZEDSIĘBIORSTWA(Wydział Prawa i Administracji UAM, 2000) Długosz, JanIntricate problems of an enterprise’s tasks - because of their great importance for the theory as well as the practice - need to be researched further. Taking into consideration the fact that the issue of shaping proper relations between different tasks presents the most difficulties - it seems well founded to apply here a logistic approach. Though the logistic is occupied with an integration of tasks mainly in the chain of goods’ flow - it is possible to spreading its potential to the whole of an enterprise management because of its interdisciplinary and relative character. On this occasion another problems occurs, namely of the tasks of logistics itself in an enterprise and their relation to the tasks of this enterprise as a whole. Such a complicated situation - first of all in context of discrepant tasks - is impossible to be evaluated properly and, of course, to shape it without having recourse to the general tasks theory.Item ZASADA RÓWNEGO TRAKTOWANIA AKCJONARIUSZY W KODEKSIE SPÓŁEK HANDLOWYCH - ZAGADNIENIA PODSTAWOWE(Wydział Prawa i Administracji UAM, 2000) Sójka, TomaszThe principle of equal treatment of shareholders is one of the instruments of protection of minority shareholders within a company. In the project discussed in the article we can see this principle in a descriptive way - as a well determined pattern of shaping organizational structure of a joint stock company. Such a pattern is composed with a series of different norms preferring just such a mode of regulating relations between a company and its shareholders. Such an approach offers some axiological premises which should be of distinct importance within the process of functional interpretation o f particular norms relating to the law companies. The principle discussed can also be comprehended in a directional sense; firstly - as a particular postulate of legislation politics and - secondly - as a binding norm of the system of law. In normative sense it results from the principle an obligation for a share stock company to treat equally (in the same circumstances) all its shareholders - with the only reservation made for the exceptions admitted by the law and statutes and motivated with the interest of the company. The introduction o f the article 20 into the Project of the Law on Commercial Companies shall not change essentially respective legal situation in comparison with regulations of the Commercial Code dated 1934.Item PROBLEMY ETYCZNE I PRAWNE KLONOWANIA(Wydział Prawa i Administracji UAM, 2001) Michalska, Anna; Twardowski, TomaszIn the beginning of their article the Authors explain shortly what the cloning is and then they discuss technical possibilities of it and, finally, already performed scientific successes within this domain. A review o f the existing fears and doubts in what concerns the cloning is next presented done - in technical, moral and ethical respects. The aims, perspectives and dangers involved with increasingly developing research in this field are also drawn up, and especially as far as attempts to clone a human being are concerned. All menaces involved as well as benefits ensuing from newly opened possibilities of researching, curing and preventing the diseases of the mankind cited in the article - together with moral and religious aspect. The Authors do not evaluate nor adopt a univocal standpoint in this matter. They focused on registering the present level of advancement of genetic engineering and on international legal protection of integrality and dignity of a human being.