Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2002, nr 3
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Item UWZGLĘDNIENIE SKARGI PRZEZ NSA A MOC WIĄŻĄCA POSTANOWIEŃ(Wydział Prawa i Administracji UAM, 2002) Skoczylas, AndrzejThe author touches upon a very salient issue, which is the influence of allowing a complaint by the Polish Supreme Administrative Court upon the validity of decisions taken in a procedure that leads up towards decision- making as well as the validity of decisions taken in the course of a procedure that deals with accidents and incidents (e.g. co-operation acts issued in accordance with art. 106 of the Code of Administrative Procedure). Among controversial issues in the Polish literature there is one concerning the effects of the Supreme Administrative Court’s verdicts invalidating administrative decisions that concern acts made in the course of the administrative procedure. There is also no homogeneity in this respect in courts’ judicial decisions. The author discusses the problem on the basis of his own analysis of legal regulations, giving a number of examples o f judicial decisions.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2002) Polanowski, JanuszAlexander Brostl, Ján Klućka, Ján Mazák, Ústavny Súd Slovens kej Sepubliky. (Organizada, proces, doktrina), [Sąd Konstytucyjny Republiki Słowackiej. (Organizacja, proces, doktryna)], wyd. Sąd Konstytucyjny Republiki Słowackiej przy wsparciu programu PHARE, Koszyce 2001, ss. 162.Item FORMUŁA I FILOZOFIA PRAWA GUSTAVA RADBRUCHA(Wydział Prawa i Administracji UAM, 2002) Bogacz, DanielW związku z książką: Jerzy Zajadło, Formuła Radbrucha. Filozofia prawa na granicy pozytywizmu prawniczego i prawa natury, Wydawnictwo Arche, Gdańsk 2001, ss. 329Item MATERIALNA OCHRONA KONSUMENTA(Wydział Prawa i Administracji UAM, 2002) Lemkowski, MarcinThe article is an attempted discussion of some regulations introduced into the Polish Civil Code with the Act of 2nd March 2000 on consumer protection and accountability for a dangerous product. This regulation sets out the framework of consumer protection in the Polish law by means of two types of provisions. The provisions of the first type regulate consumer contract: its conclusion, form and amendments, as well as any additional obligations of the parties involved in the process of shaping the legal relation. In no way do they, however, refer to the content of the contract itself; instead, they create formal consumer protection. On the other hand, the other group of regulations allows an interference with the content of the civil law relation, and it therefore provides material consumer protection. The author discusses both groups of the regulations, analysing the extent o f their modification and their effect on the Polish goods market.Item ATRAKCYJNOŚĆ INWESTYCYJNA POLSKI W ŚWIETLE ZAGRANICZNYCH INWESTYCJI BEZPOŚREDNICH(Wydział Prawa i Administracji UAM, 2002) Jantoń-Drzdowska, Elżbieta; Majewska, Maria; Grala, JolantaThe growth and development of any country depends on the quantity and quality of investment made in it. Therefore, both developing and developed countries compete in an attempt to create beneficial conditions for foreign direct investments (FDIs). In the era of globalisation it is becoming crucial to define foreign investors’ motives in addition to localisation factors that influence the decision about the selection of place for an investment (i.e. determinants), as well as the investment risk and attractiveness of a given country. Ignorance of those factors which condition the influx of investment plainly hinders investment-attracting policies and reduces the efficiency of promotional activities on the international scale. By contrast, awareness of the mechanisms and regularities of foreign investors’ decisions allows to increase the inflow of those FDIs that appropriately stimulate the development of the country. The aim of this article is to identify factors determining the degree of investment attractiveness of Poland and affecting the scope of foreign direct investments made in this country. The main assets of the Polish market are, beside its geographic location, also its economic and demographic size, since, according to the results of an analysis of FDI influx to Poland, foreign investors look for large capacious markets with a high development potential. A high GDP growth rate, a reduced inflation level, consistent privatisation as well as an efficient unemployment-fighting policy are all a necessary condition to maintain the influx of FDIs into Poland. Foreign investments in Poland, if appropriately encouraged and managed, can be among the main tools to be used for reducing the distance between the Polish and EU economies. This is especially true in the view of the small competitiveness rate of the Polish economy as compared to the economies of the European Union.Item REFORMA SYSTEMU FINANSOWANIA KULTURY I SZTUKI W WIELKIEJ BRYTANII(Wydział Prawa i Administracji UAM, 2002) Pawłowska, JoannaSince the end of World War II Britain has been experiencing a very dynamic development in the domain of arts and culture. The funding system in this area is one factor that has proved crucial to this development. Eleven autonomous mediating institutions - the Arts Council of England and ten Regional Arts Boards, cooperating with both the private sector and representatives of arts and culture, are considered by many countries to be worth imitating. The main advantages of the system are said to be its flexibility and the independence of the institutions involved. Meanwhile, in March 2001 the Arts Council of England put forward a proposal to modify the current system of funding arts and culture in Britain. The aim is to create a system which better cooperates with the local, regional and national democratic structures and which is based upon simple funding principles. The changes proposed should also reduce the administrative expenses of the system. The article sets out to present and appraise the current British arts and culture funding system in addition to the basic assumptions and goals of the reform proposed by the Arts Council of England. The author also mentions the reactions of the British arts community to the proposed changes.Item NABYWANIE AKCJI WŁASNYCH W CELU UMORZENIA(Wydział Prawa i Administracji UAM, 2002) Sójka, TomaszRepurchase of shares for the purpose of their redemption is one of the exemptions to the general rule that forbids companies to buy their own shares back. Thus, the Polish code of commercial partnerships and companies sets out a series of restrictions for the re-acquisition of shares for the purpose of their redemption. These limitations aim at protecting the creditors and minority shareholders of a given company. If the buy-back is financed with distributable profits of the company, the precondition for the repurchase of shares is to devote the profits to this end. If the company has no distributable profits, the repurchase must follow the decision of the general meeting to reduce the legal capital. The conditions for the share buy-back are infringed by the company’s duty to return the shares to the seller. On the other hand, the shareholder who sold the shares is obliged to pay-back the price. A company repurchasing its own shares ought to comply with the rule of equal treatment of shareholders. According to the rule any unequal treatment o f shareholders is only allowed if it is clearly in the interest o f the company as a whole. After the repurchase of shares a company does not have to obtain a permission from the former shareholders to redeem them. It is assumed that a shareholder permits their redemption by selling his shares to the company.Item ZAŁOŻENIA I INSTRUMENTY FRANCUSKIEJ POLITYKI MIESZKANIOWEJ PO II WOJNIE ŚWIATOWEJ(Wydział Prawa i Administracji UAM, 2002) Zębala, MałgorzataThe article gives a brief presentation and analysis of the French housing policy after 1945 with a view to demonstrating its rationality and consequent efficiency. One symptom o f this rationality was to concentrate the help of the State after the war on refurbishing the existing buildings. In the following years, as the needs of the society progressed, also the tools necessary to meet those needs were effectively adapted. At the time when a number of French citizens from overseas were repatriated an increased amount of public funds was earmarked to building new cheap council flats. However, later on it was realised that it is more effective to allocate funds to private housing, in particular detached one-family houses.Item DOKĄD ZMIERZAMY? uwagi na marginesie książki Rolnicza Polska wobec wyzwań współczesności(Wydział Prawa i Administracji UAM, 2002) Słodowa-Hełpa, MałgorzataItem SIŁY SPOŁECZNE W WOJEWÓDZTWIE POZNAŃSKIM(Wydział Prawa i Administracji UAM, 2002) Znaniecki, FlorianThe text is F. Znaniecki’s so far unpublished project submitted to the Local Government Department of the Provincial Council in Poznań on the 3rd February 1934. The text, opened with the author’s introduction, bears out Znaniecki’s interest in the region and its social processes.Item EKSTERYTORIALNE STOSOWANIE PRAWA OCHRONY KONKURENCJI(Wydział Prawa i Administracji UAM, 2002) Molski, RajmundThe practice of extraterritorial law enforcement in the era of globalisation is becoming more and more frequent and is invariably accompanied by controversy. This practice is often perceived as a threat to the national interest or even a violation of a given country’s sovereignty. Initially, any form of national law enforcement abroad was treated as an act of inadmissible violation of the other nation’s independence. Nowadays, the idea o f extraterritorialism is relatively broadly accepted or at least tolerated, although any acts of aggressive abuse o f this legal construct is inevitably met with fierce opposition and concern. The article covers the methods of extraterritorial application of competition law in America, the European Union, and Poland.Item KONCEPCJE RACJONALNOŚCI DZIAŁANIA GOSPODARCZEGO W TEORII EKONOMII(Wydział Prawa i Administracji UAM, 2002) Szarzec, KatarzynaThe article attempts to give a chronological overview of the developing perception of the rationality of economic activity, from antiquity until the present time. In her discussion of the achievements of particular economic schools, the author tries to define the motives behind people’s economic decisions and the mechanisms of their actions.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2002) Tarczyński, WaldemarGiełdowa alokacja kapitałów pieniężnych, Elżbieta Gruszczyńska- Brożbar, Wydawnictwo Akademii Ekonomicznej w Poznaniu, ss. 145.Item SPIS TREŚCI(Wydział Prawa i Administracji UAM, 2002)Item UMOWA BROKERSKA JAKO UMOWA O CZYNNOŚCI POŚREDNICTWA UBEZPIECZENIOWEGO(Wydział Prawa i Administracji UAM, 2002) Pokrzywniak, JakubThe aim of the article is to designate those characteristics of a brokerage contract that distinguish it from other types of contracts. The author begins by analysing the notion of insurance mediation on the basis of its legal definition as well as the practice o f the market. In consequence, he uses the notion in its strict sense, i.e. in reference to concluding transactions, and not denoting any form of consulting, especially risk management. Since the main area of insurance broker’s activity consists in rendering services of insurance mediation, the author proposes to define brokerage contract as contract for these services. However, if an insurance broker renders any additional services, in particular in the area of risk management, then two separate and different legal relations occur. Furthermore, a brokerage contract is characteristic on the one hand for its parties, as the broker is always a party to the contract, and on the other for the fact that the broker is remunerated by the insurer rather than the client himself, although it is the client that orders the services (the contract is thus considered gratuitous). The remuneration, called brokerage fee, is paid for the service of insurance mediation, which aims at facilitating the conclusion of an insurance contract. This leads to the conclusion that two types of services rendered by the broker should be distinguished: consultation (not remunerated by the insurer) and mediation services, which make the broker’s remuneration model so distinctive.Item WPŁYW BEZDZIETNOŚCI NA STOSUNKI W MAŁŻEŃSTWIE(Wydział Prawa i Administracji UAM, 2002) Przybył, IwonaThe aim of the article is to analyse the influence o f childlessness, in particular resulting from infertility, upon the scope of the partners’ co-operation and the self-appraisal of the marriage. The analysis has been carried out on the basis of relevant literature in addition to the author’s own research. The first part of the article includes an overview of the results of psycho- and sociological research on the mental and social results of infertility in a marriage. Although infertility heavily affects the emotional and sexual life o f a couple, it is difficult to ascertain to what extent this factor generates a marital crisis. The second part discusses the results of research done by the author on 140 voluntarily and involuntarily childless marriages. The co-operation intensification factor, proposed by the author, allows to distinguish three types of married couples: not co-operating, moderately co-operating, and strongly co-operating between one another. The results of the research show that the type of childlessness (voluntary or not, temporary or permanent) is related neither to the intensity of co-operation nor to the appraisal of the relationship by the couple itself. By contrast, it is rather the duration of time spent together in the marriage that does influence both the co-operation intensity and self-appraisal. The longer the marriage lasts, the less childless partners are likely to co-operate and consider their marriage happy.Item POZYSKANIE LOJALNEGO KLIENTA JAKO WARUNEK SUKCESU RYNKOWEGO BANKU(Wydział Prawa i Administracji UAM, 2002) Rudawska, EdytaThe sector of banking services in Poland is still evolving and at the current stage banks endeavour to strengthen their market position by winning over customers from the competition or gaming customers who have never used banking services before. However, as the banking market is becoming increasingly established, keeping the existing customers and gaining their loyalty gradually becomes the main goal of banks. At present, in the national banking service sector attaining a balance between gaining and keeping customers seems to be extremely significant. Admittedly, winning new customers is certainly still a very important task for Polish banks. However, banks should already anticipate future changes and consequently plan and prepare long-term programmes of gaining customers’ loyalty. It is a crucial issue, as maintaining customers’ loyalty in turn heavily affects the financial results of any bank. For instance, in the financial services sector, improving the customer retention ratio may boost profits by 80%. To gain customers’ loyalty, banks should prepare long-term loyalty-maintaining strategies, which should involve all the bank’s human resources. These strategies should focus on service quality, promotional activities, complaint policy, and the establishment of a permanent personnel basis (mainly in the direct customer service area). Loyalty-shaping strategies must be accompanied by effective loyalty assessment methods. The most helpful areas could be the analysis of customers’ readiness for multiple purchases, analysis of customers’ basic behaviour (such as purchase frequency, period of using the bank’s services) and secondary behaviour (such as e.g. willingness to recommend the bank to others). When creating customer loyalty strategies banks should keep in mind that the most valuable customers are not only those who generate the highest profits at a given moment, but also those with a prospect for long-term fruitful co-operation. For this reason, banks already understand the need to address their offer to university students in order to create lasting relationships. This study presents some selected results of an analysis conducted by the author among students of tertiary education, aiming at assessing the degree of their readiness to become loyal bank customers. Based on the loyalty assessment methods described in the article, the author presents the results which suggest to what extent students may develop into faithful bank customers. The above analysis is accompanied by a presentation of young peoples’ behaviour that may be a possible detriment to the process of becoming a loyal bank customer.Item ASPEKTY WADLIWOŚCI CZYNNOŚCI PRAWNYCH SPÓŁKI KAPITAŁOWEJ(Wydział Prawa i Administracji UAM, 2002) Kuniewicz, Zbigniew; Czepita, StanisławThe authors discuss the legal implications of the lack of resolution by the AGM or board of directors to the completion of a legal transaction by a company, in accordance with the new Polish code of commercial partnerships and companies. The authors disagree with the common belief which says that because article 17 of the Polish code allows a company to take an appropriate resolution also after making a declaration, this provision assumes the construction of validation of absolute invalid legal act. By analysing some cases of purported validation of absolute invalid legal act in the Polish legal system, the authors show that such validation is in principle inadmissible in the Polish legal system. In the article it is claimed that the discussed situation is a case of an incomplete legal act (negotium claudicans), which takes no temporary legal effects until the moment when a resolution is taken or the appointed time runs out. The construction mentioned in article 17 of the Polish code of commercial partnerships and companies requires the consent of another body of the company rather than another person. 34Item OGÓLNOPOLSKIE SEMINARIUM DEMOGRAFICZNE „RODZINA I GOSPODARSTWO DOMOWE W ŚRODOWISKU WIELKOMIEJSKIM” Poznań 12 - 13 grudnia 2001 roku(Wydział Prawa i Administracji UAM, 2002) Kowalska, MałgorzataItem STATUS PRAWNY ROLNIKA JAKO PRZEDSIĘBIORCY (ZAGADNIENIA WYBRANE)(Wydział Prawa i Administracji UAM, 2002) Budzinowski, RomanThe article is an attempt at defining the legal status of a farmer as an entrepreneur, presented on the background of developing legislation. Additionally, the author makes a tentative appraisal of legal provisions regulating this status and points at the main directions of the legislative changes. The author discusses the notion of farmer in the legal sense, then presents the category of agricultural entrepreneur in the Italian law, and finally makes a review of relevant legislation with a special focus on the following three crucial documents: obligation code of 1934, business activity act of 1988, and the business activity law act of 1999. The author concludes that it is legitimate to view a farmer as an entrepreneur in the light of the binding legislation. He considers it to be a drawback of the existing regulations that this conclusion must be arrived at indirectly due to the lack of a general regulation regarding the status o f farmers. In order to strengthen the position of a farmer, the author deems it necessary to characterise a farmer clearly as an entrepreneur, introduce the category of an agricultural entrepreneur, and update the definition of agricultural activity.