Browsing Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2007, nr 2 by Issue Date
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ItemZWIĄZEK PRZYCZYNOWY JAKO PRZESŁANKA ODPOWIEDZIALNOŚCI SPÓŁKI PUBLICZNEJ ZA NARUSZENIE OBOWIĄZKÓW INFORMACYJNYCH(Wydział Prawa i Administracji UAM, 2007) Sójka, TomaszThe paper analyzes the problem of causation in cases for damages connected with false or misleading statements in the reports o f public corporations - in this context causation is not only a condition for a responsibility but also a factor influencing the amount of damages. The scope of the paper is limited to the reporting requirements o f issuers o f shares in the part of capital market defined as “the regulated market”; the reporting requirements encapsulate here not only the continuous disclosure obligations of public corporations but also a duty to publish a prospectus in connection with an issuance of shares. The aim o f the paper was to answer two questions: (1) under which conditions can the court establish “a normal causation relationship” between a false or misleading statement in the report and the mistaken investment decision of the market participant; (2) which losses incurred by an investor result from normal consequences o f a mistaken investment decision made on the basis of a false or misleading statement. ItemPROTOKOŁY SĄDOWE JAKO KONSTRUKCJA KULTUROWA(Wydział Prawa i Administracji UAM, 2007) Zubelewicz, EmilAlthough the minutes of trials are one of the crucial parts of the Polish penal and civil law procedure, rarely does the legal theory draw its attention to the arbitrariness of the data contained in the minutes. Using the approach of the ethnomethodologists, it is worth looking at the process of preparing the minutes (protocoling) as at a sui generis cultural construct, which frames the data for trials. Minutes, supposed to express the witness’ speech, are appreciated more by the legislator than the witness’ writing. However, according to the legal theory, not all of the elements of a speech shall be written down. What is more, in practice, not all of the elements of a protocol, which are recommended by theorists, are present in protocols. The language written in the minutes differs from the language of oral expression in the trial. Moreover, the hierarchical relation between the judge and the person who writes down the minutes often leads to a situation in which the minutes are dictated not by a witness but by a judge. ItemMOŻLIWOŚĆ KONSTRUOWANIA OGÓLNEJ TEORII ZASAD PRAWA UWAGI DO KONCEPCJI ROBERTA ALEXY’EGO(Wydział Prawa i Administracji UAM, 2007) Kordela, MarzenaSince the middle eighties o f the 20th century Robert Alexy has consistently developed the conception of legal principles. That conception, despite its initial ancillary function in respect of the theory of constitutional rights that he worked on, very soon proved of major importance as its basic theses applied to all norms o f conduct which belong to a legal system and have been defined as principles. There two types o f factors that have decided about the universal nature of this conception. They are (1) the approach that looks at legal principles as optimisation commands which formulate an obligation to carry out a certain state o f affairs to the highest degree in the existing actual and legal circumstances, and (2) the procedure of balancing the principles, which is a formalised expression of solving of the, inevitable in the system, collision o f principles. Although Alexy has not as yet articulated clearly that a general, not only a particular, theory of principles could be built on the basis o f his work so far, it seems justified to believe, having in mind the advanced stage of the already existing conception, and, what is more, its practical usability in areas beyond constitutional law, that sound foundations on which this conception could be grounded already exist. ItemGLOBALNE STRATEGIE REKLAMOWE W PRZESTRZENI WIELOKULTUROWEJ(Wydział Prawa i Administracji UAM, 2007) Duda, AnetaStudies of international advertising continue to receive much attention by entrepreneurs as well as scientists. Global versus local advertising is something that multinational marketers have been wrestling with over thirty years. On the one hand George Murdock’s or Claude Lévi-Strauss’ categories of culture universalis are used to prove that peoples wants, needs, and values would eventually become so similar that uniform advertising campaigns across cultures would be justified. On the other hand Edward Hall, Martin Gannon, Geert Hofstede or Charles Hampden-Turner and Alfons Trompenaars’ theories are gaining in popularity for identification of cultural differences. As discussed in this paper, there are serious concerns about global advertising in the light of cultural uniformity and erasure o f international diversity. Would the use of one campaign for the globe eventually erode the multiplicity o f cultural perspectives? Is standardized advertising, which ignores local culture, an effective means for building powerful communication? The author believes that there is not one adequate global language with which to reach all consumers. Universal, global strategies are memoryless, superficial and always a compromise when we resign from cultural invention and diversity. ItemPRAWNE ASPEKTY ZGODY CIĘŻARNEJ KOBIETY NA LECZENIE(Wydział Prawa i Administracji UAM, 2007) Haberko, JoannaThe paper focuses on situations in which a consent to medical treatment is given or refused with regards medical procedures o f perinatologie nature, where the subject who has got the right to grant such a consent, is a pregnant woman, even i f the medical treatment shall not only be applied to her body, but shall often serve to save the life o f the unborn baby. In the light o f the present legal regulations, a fetus is not an independent patient. It only becomes one when a pregnant woman registers as a patient. A fetus as a patient, regardless of how invasive the surgery is, and what purposes it serves, is not the subject of medical treatment. ItemNARUSZENIE NORMY KRAJOWEJ PRZY WYRAŻANIU WOLI ZWIĄZANIA SIĘ TRAKTATEM PODEJŚCIE PRAWNOMIĘDZYNARODOWE(Wydział Prawa i Administracji UAM, 2007) Kałduński, MarcinPoland has concluded double taxation treaties with Bangladesh, Jordan and Island. These treaties, however, were ratified without the consent o f Parliament. The question raised in the paper is whether such consent to be bound by the treaties as expressed in the ratification instruments is valid under international law. The author argues that i f the rules of international law are to be followed, the validity of the said treaties cannot be challenged. The author then discusses the state practice, judicial decisions and the doctrine of international law. In order to prove the validity of the double taxation treaties in question, the Vienna Convention on the Law of Treaties, and the provisions included in Article 46 and 45 concerning the invalidity of treaties in particular, are quoted. It is argued that the violation of a provision of national law regarding competence to conclude treaties cannot be invoked and that Poland has lost the right to invoke Article 46 of the VCLT that could constitute the ground for invalidating the treaties concluded with Bangladesh, Island and Jordan without its Parliament’s consent. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Górny, KajetanUlrich Gerd Schroeter, UN-Kaufrecht und Europaisch.es Gemeinschaftsrecht: Verhaltnis und Wechselwirkungen, München, Sellier, European Law Publishers 2005, ss. 802. ItemPAŃSTWO LAICKIE WSPÓŁCZESNA RZECZYWISTOŚĆ USTROJOWA I PERSPEKTYWA NA PRZYSZŁOŚĆ(Wydział Prawa i Administracji UAM, 2007) Borecki, PawełA lay state is a relatively recent form of state, predominantly characteristic of the Western legal and political culture. A lay state had its origins in the United States of America at the end of the 18th century. However, the principle of the lay state was formulated for the first time in the Constitution of the Fourth French Republic in 1946. The content of that principle in the contemporary world has been largely influenced by the experiences of totalitarian communist systems which, under the cover o f building a lay state and society, propagated the idea of atheism. Currently there is no full agreement as to which attributes decide about the lay character of a state. While at the beginning of the 20th century the idea of a lay state served mainly to eliminate religion and church from the public sphere, today, in democratic systems it is interpreted as a neutral outlook adopted by the state, guaranteeing the freedom of conscience and religion. As such, it has also been approved by the Catholic Church. However, after the fall of communism, in many states that formally declare their lay character, there are attempts to use religion and various religious unions as political instruments. Therefore the future of a lay state, and in particular propagation of a lay state as an option, is not a very obvious. ItemSPRAWOZDANIA I INFORMACJE. KOMUNIKAT O XIV KONKURSIE im. PROFESORA MANFREDA LACHSA(Wydział Prawa i Administracji UAM, 2007) ItemZOBOWIĄZANIE DO NAPRAWIENIA SZKODY W POSTĘPOWANIU W SPRAWACH NIELETNICH(Wydział Prawa i Administracji UAM, 2007) Muszyńska, AnnaThe increasing interest in the model o f restorative justice finds its expression in the need to introduce a judiciary paradigm that would be an alternative to retributive justice. This model serves as a complementation o f the traditional system and includes solutions catering for loss compensation, mediation and disturbed law restitution with active participation of the offender and the victim. This new developmental tendency encourages deliberations on the implementation o f the idea of restorative justice in the Polish model of proceedings in juvenile delinquency matters and compensation instruments included in it. Among others, those instruments consist of an obligation put on a juvenile delinquent to compensate the loss, to perform a particular work or to provide services for the victim or the local community; all used as an educational means or a condition upon which a release on probation is granted. Pronouncing such punishment is determined by the circumstances calling for the use of educational means and the Family Division refers to them when a juvenile offender demonstrates signs of moral decay or has committed a punishable offence. Deliberations on the subject of remedies which at least partially satisfy victim’s claims are related to the problem o f the regulations of the scope of victim’s rights included in the Juveniles Proceedings Act. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Ronka-Chmielowiec, WandaJózef Garczarczyk, Marek Mocek, Iwona Olejnik, Robert Skikiewicz, Wskaźniki koniunktury finansowej w diagnozowaniu i prognozowaniu rozwoju gospodarki, Józef Garczarczyk, Akademia Ekonomiczna w Poznaniu, Poznań, ss. 360. ItemROSYJSKO-NIEMIECKI GAZOCIĄG PÓŁNOCNY W KONTEKŚCIE PRAWA MIĘDZYNARODOWEGO PUBLICZNEGO(Wydział Prawa i Administracji UAM, 2007) Gawłowicz, Izabela; Łaski, PiotrThe authors analyse the issue of the Northern Gas Pipeline construction through the Baltic Sea from the perspective o f international public law, Polish law and the interest of international society as a community. Poland is a reliable and stable partner and it is in Russias best interest to lay a cheaper Gas Pipeline passing through Poland’s land area. Therefore it is a diplomatic challenge for Poland to convince the international community that Russia’s plans related to the Northern Gas Pipeline are not based on economic premises. Poland’s economic and political interest requires taking on that challenge, even though Russia has no strong traditions in the sphere o f sensitive diplomatic actions. Unfortunately, the problem of the Northern Gas Pipeline does not lie merely in the legal sphere, and the spheres o f politics and law blend, blurring the internal boundaries. Key words: Northern Gas Pipeline, right to lay under-sea installations, law of the sea, common interest of the Baltic states, exclusive economic zone. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Gliszczyńska, AleksandraEuropejskie standardy ochrony praw człowieka a ustawodawstwo polskie, red. Elżbieta Dynia i Czesław Paweł Kłak, Rzeszów 2005, Wyd. Mitel, ss. 673. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Zmierczak, MariaJohn M. Kelly, Historia zachodniej teorii prawa, przekład: Anna Krzynówek, Anna Kunecka, Rafał Lis, Magdalena Modrzejewska, Rafał Olszowski, Dorota Pietrzyk-Reeves, Rafał Słoniowski, Wydawnictwo WAM, Kraków 2006, ss. 494. ItemNEKROLOGII. Prof. UAM dr hab. Bogusław Janiszewski(Wydział Prawa i Administracji UAM, 2007) Szwarc, Andrzej J. ItemZAUFANIE A POLITYKA. ZAŁOŻENIA TEORETYCZNE(Wydział Prawa i Administracji UAM, 2007) Schwan, GesineFew notions have enjoyed such prosperity in recent years as the word trust. Empirical examples of the importance of trust for the success of democracy, or successful market economy can be even found in newspapers. This demand for trust today is also the best prove o f its short supply. At the same time, however, there is a danger o f a soon saturation as it is becoming increasingly difficult to listen to that word being repeated again and again. In order redress this situation, perhaps we should resign for some time from quoting everyday debates and use the historical development o f the idea to present the historical long term relationship between trust and free cohabitation as well as the basic meaning of that relation. Undoubtedly, systematic deliberations on the political and philosophical meaning of trust are needed i f one wishes to find the foundations o f today’s debate in the history o f the idea. From today’s point o f view, sociologically, and from the point o f view of the historically developing and changing attitudes, one might ask about the actual chances o f trust in Germany, Europe, and globally. ItemSTANOWISKO MARSHALLA WOBEC NIEKTÓRYCH KWESTII „SPORU O METODĘ” (METHODEN STREIT)(Wydział Prawa i Administracji UAM, 2007) Dzionek-Kozłowska, JoannaThe aim of the paper is the analysis of Alfred Marshall’s position in Methodenstreit (Battle over Methods). The founder of contemporary economics was often critical of the Austrian school whose approach become representative to mainstream economics. This analysis allows to draw some conclusions and postulates for contemporary economics. The most important one is that one should be more tolerant of ideas o f the schools beyond mainstream economics. ItemUWARUNKOWANIA WDRAŻANIA CRM W PRZEDSIĘBIORSTWIE(Wydział Prawa i Administracji UAM, 2007) Deszczyński, BartoszThe article describes general foundations of Customer Relationship Management (CRM). The author focuses on the role of sales force in successful implementation of CRM strategy as well as on factors influencing their commitment, such as: proper training, financial incentive schemes, corporate atmosphere and what author describes as marginal level of commitment. ItemPRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2007) Pyka, IrenaKatarzyna Gabryelczyk, Fundusze inwestycyjne, Oficyna Ekonomiczna, Kraków 2006, ss. 270. ItemWYKORZYSTANIE METODY ANALIZY OKRESOWEJ (DURAC JI) DO OCENY RYZYKA KREDYTOWEGO(Wydział Prawa i Administracji UAM, 2007) Wiśniewski, MarcinDuration analysis is a method applied in interest rate risk management, especially in risk quantification. In the author’s opinion, this method may also be used to estimate credit risk. Every bank who grants a credit or investor investing in securities wants to be ensured about the credibility of the potential borrower or debtor, which may be impaired by already existing debts. Therefore, when estimating credibility, one must measure the debt burden of the potential borrower. The duration method may be considered as a tool to quantify that burden. The duration ratio value may indicate the length of the average period in which the loan will be repaid. The weights used in this ratio calculation would be the discounted values of the principal and interest repayments expressed as a percentage of their total. With this ratio, different potential borrowers could be compared in respect of selected factors. A concept of a duration method and its current as well as potential application in credit risk management has been presented.