Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2000, nr 1
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Item ZARYS REGULACJI TRANSPLANTACJI ORGANÓW LUDZKICH(Wydział Prawa i Administracji UAM, 2000) Tokarczyk, RomanThe Author has begun his article with an enumeration of particular kinds of transplantations and an explanation of some basic notions in relation with the domain - for to give next a short description of the history of this medicine branch and of perspectives for its further development. Next some fundamental principles of transplanatory practice are presented, and namely - principle of lawfulness, objectivism, collecting of transplants from deceased persons rather, majority of givers, ban on commercialising a human body, equality of access and, finally, ban on making profits out of transplanting. The Author analyses reservations and fears involved with transplantation of organs collected from living bodies and from the dead. The Author also presents national legal regulations related to these questions and ends his article with his opinions on ethic norms in transplantology.Item AKTUALNE TENDENCJE NA ŚWIATOWYCH I UNIJNYCH RYNKACH ROLNYCH. WNIOSKI DLA POLSKI(Wydział Prawa i Administracji UAM, 2000) Czyżewski, Andrzej; Henisz, AnnaThe purpose of the debated matter is to present current tendencies on agricultural markets in the world and European Union. Two main agricultural markets are considered: market of plants and of animal products. According to this classification, the attention is focused first on the market of cereal, oil plants, sugar, fruit and vegetables, and then - on markets of meat (beef and veal, pork, poultry and other animal products) and market of milk. The aim is to draw the conclusions for Poland, on the ground of which it could be possible to define the direction of further activities on the eve of Poland’s membership in the European Union. The last part of the article explains supportive mechanism within the community and the organisation’s rules on same agricultural markets. There is a proposition to transfer some solutions on Polish ground.Item MOŻLIWOŚCI REALIZACJI USŁUG UŻYTECZNOŚCI PUBLICZNEJ W PROCESIE WDRAŻANIA KONKURENCJI W SEKTORACH INFRASTRUKTURALNYCH(Wydział Prawa i Administracji UAM, 2000) Bobińska, KrystynaA univocal determination of the function of public services and of their addressee is one of necessary conditions of implementation of the market mechanism in the sectors of economic infrastructure the status of which is of public nature. Within hitherto existing solutions the public powers were not obliged to determine these functions in a precise manner because they have been themselves owners of the enterprises which were compelled to assume the functions in question under a form of some generally formulated tasks. After having given short definitions of several fundamental notions the Author characterises the specificity of monopoly in infra-structural sectors of public order, next - internal sources of financing these services within the framework of the State monopoly and, finally, problems of identification and operationalisation of the tasks of public nature of usefulness. When discussing all these questions the Author has recourse to a series of examples spooned out of highly developed countries.Item NOWELIZACJA KODEKSU POSTĘPOWANIA W SPRAWACH O WYKROCZENIA(Wydział Prawa i Administracji UAM, 2000) Stachowiak, StanisławRecently voted new Constitution of the Republic of Poland abolishes in its article 237 the boards judging petty offences and charges ordinary courts with judging these cases. The courts must presently be prepared - taking into account an adequate anticipatory period of time - to take over all these matters (there are a great many of them) on several different planes: structural (town or city courts must be organised), organisational, concerning offices and equipment and, last not least, the staff. Must also be changed a series of particular provisions in order to eliminate all possibility of a collision between new and formerly binding laws on these matters. An adequate temptation was made with the law from August 28, 1998, on change of the law-Code of petty offences, the law-Code of procedure in petty offences matters, the law on structure of the boards judging petty offences, the law-Labour Code as well as some other laws. In his article the Author discusses shortly particular new regulations within this scope and gives an analysis of expediency and advisability as well as tendencies of the changes in question.Item UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE(Wydział Prawa i Administracji UAM, 2000) Mikołajewicz, Jarosław; Sachajko, MarekThe Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy and of a receiver o f separated part of the estate in bankruptcy - with special taking into consideration of the doubts that have emerged because of recent changes in the law. Dressing a revision of some older and of some presently introduced legal regulations, the Authors devote much place to general intemporal issues of adequate procedure; they are trying to find the answer to a question which o f the provisions - the „older” or the „newest” should be applied after entering in force of the „new law” in case of proceedings that have been instituted before the entering mentioned but never ended, up to the present. The Authors ascertain the fact that not in every case a change of binding laws is being operated in enough simple and clear manner - from the point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult situation could be put in order by a simultaneous entering in force of adequate law and of executive regulations. The whole problem could be thus limited to skilful and proper application of the principle lex retro non agit - what should certainly appease present debates among receivers in bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure of work - do stray one from another in a too flagrant manner.Item ZAPOMNIANA POLSKA „ENCYKLOPEDIA POJĘĆ SPOŁECZNYCH”(Wydział Prawa i Administracji UAM, 2000) Kwaśniewski, KrzysztofItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Borkowska-Bagieńska, EwaDorota Malec, Najwyższy Trybunał Administracyjny 1922 - 1939 w świetle własnego orzecznictwa, PWN, Warszawa-Kraków 1999, ss. 262.Item PODSTAWOWE PROBLEMY STOSUNKU PRACY MIĘDZY MAŁŻONKAMI(Wydział Prawa i Administracji UAM, 2000) Skąpski, MichałSocial relations involved with rendering of labour on behalf of a family member could be subject to regulations of the labour law as well as of the law on family relations. In this very case there is no conflict o f laws, however. An employment relationship can be a basis of co-operation in a job performance by the two spouses provided that factual relations between them do justify such a co-operation. However it seems that a contract of partnership is not universal enough to assure that its application be proper in every possible case. And especially when only some part of partners disposed of their contribution in property while the others’ contribution consists of their own work - a normative regulation of a non-commercial partnership does not provide enough protection for all partners with their contribution in property. In such a situation it is more proper to establish a labour relationship between family members - in which liability of partners to the contract is corresponding to real proportions of such a co-operation. Nevertheless, a statement that a labour relationship is able to make a basis for co-operation of spouses - concerns only the lack of inconsistency of its constitutive features with regulation of the law on family relations, i.e. it is related to the most general and fundamental duties of the parties. A separated problem however is a question o f performing by family members of all detailed duties of the parties to a labour relationship as regulated in the Labour Code. This question must be subject to another special analysis for to establish whether normative model in force of a labour relationship is thoroughly proper for such a link between spouses.Item SOCJOLOG I KANT (czyli Tadeusza Szczurkiewicza krytyczny styl uprawiania socjologii)(Wydział Prawa i Administracji UAM, 2000) Lenartowicz, AgnieszkaItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Drelich-Skulska, BogusławaKrzysztof Fonfara, Marian Gorynia (red. nauk.), Eugeniusz Najlepszy, Jerzy Schroeder, Strategie przedsiębiorstw w biznesie międzynarodowym, Wydawnictwo Akademii Ekonomicznej w Poznaniu, Poznań 2000.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Nowak, MarekLech Szczegóła, Między mistyfikacją a nieświadomością. O pojęciu świadomości fałszywej, Wydawnictwo Poznańskie, Poznań 1999.Item SPRAWOZDANIA. „KU NOWEJ MIKROEKONOMII” - III DOROCZNA KONFERENCJA MIĘDZYNARODOWEGO STOWARZYSZENIA NA RZECZ NOWEJ EKONOMII INSTYTUCJONALNEJ (ISNIE) Waszyngton, 16 - 18.09.1999 r.(Wydział Prawa i Administracji UAM, 2000) Jastrzębski, JacekItem FINANSOWA OCENA PROJEKTU INWESTYCYJNEGO Z WYKORZYSTANIEM OPCJI RZECZYWISTYCH. STUDIUM PRZYPADKU(Wydział Prawa i Administracji UAM, 2000) Mizerka, Jacek; Surma, JacekReal options are an innovative method of evaluation investments tasks. The assumption for theoretical research and trials of practical applications are the imperfections of traditional method used to the present in order to evaluate investments efforts which consisted in calculating net present value (NPV) on a basis of flows of finances. The last mentioned method does not take into consideration the responsiveness of the subjects involved with decision making process regarding changes in internal conditions and in surrounding circumstances. The theory of real options in based the theory of financial options. Through an analogy to parameters of financial options it is possible to fix up parameters of real options for the project considered. Thanks to the application of the retardation option and of extension option a new image of effectiveness of the whole task is being obtained: in both cases negative NPV result has changed into positive values - what made remunerable an investment effort treated as not remunerable up to the present and according to traditional NPV. The Authors develop their consideration on the basis of hypothetical project of constructing a hotel with restaurant resort in the vicinity of the City of Poznań.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Liszewski, StanisławRegionalne aspekty rozwoju turystyki, pod red. Grzegorza Gołembskiego, PWN, Warszawa-Poznań 1999, ss. 206.Item EKONOMICZNE UWARUNKOWANIA FUNKCJONOWANIA GIEŁDY TOWAROWEJ NA RYNKU ROLNYM W POLSCE(Wydział Prawa i Administracji UAM, 2000) Jerzak, Michał A.Started in the early 90’s, systematic transformation in Poland brought a completely new economic reality to rural communities and agricultural sector. A direction of economic development taken at the time laid foundations for future creation of favourable conditions for the development of commodity exchanges as necessary instruments for proper functioning of market economy. In Poland, modem commodity exchanges have developed since 1990. During that period a model for a commodity exchange has evolved in adaptation to current economic conditions. Empirical studies were carried out, focusing on: — market orientation o f forms, — types of information needed and the sources of such information, — standardisation of goods, — perception of the role of commodity exchange. The studies confirm the opinions that Polish agricultural market was weak. Even though the market has a well-developed and, in many cases, modem technical infrastructure necessary for its proper functioning, it was proved that the market’s institutional and organisational dimensions as well as the educational barrier among market participants - do considerably slow down its growth. Under such circumstances, a commodity exchange - in addition to its statutory activities — needs to take part in a development of agricultural market institutions, adjusting thus the level of its own activity to their needs and requirements.Item Spis treści(Wydział Prawa i Administracji UAM, 2000)Item PRYWATYZACJA I DEREGULACJA W SFERZE INFRASTRUKTURY(Wydział Prawa i Administracji UAM, 2000) Ratajczak, MarekThe Author is occupied with motivations and possibilities of changes concerning functioning of infra-structural components of national economy. He stresses the need for non ideological approach to privatisation problems; in case of infra-structural links of the economy the choice consists not in opposing a good market to a „bad State” but it is often reduced to declare itself for a deceptive market, anyway, or for equally deceptive State. When making a choice between less or more market solutions one can not make no mention of extra-economic circumstances or of premises of social order. Next the Author states that all postulates relating to privatisation and deregulation affect mainly the sphere of exploitation of the infrastructure and to a less extent - the infrastructure itself. For instance, the idea, otherwise proper, of deregulation of the transportation is not to be automatically identified with a postulate to abandon public regulation of developing the transportation infrastructure. So, a deregulation of infra-structural components of the economy does mean to a great measure a transition to other form of regulation; it is important on this opportunity to separate the States’ role as a regulator from possible assuming by this State of a role of the owner. Finally, the Author indicates a necessity of distinguishing a regulation aimed at establishing who and what are supposed to be done (the so-called structural regulation resolving itself into a reglamentation) from a regulation which aims at shaping the functioning of firms (the so-called regulation of the behaviour). The first one should be restricted to a maximum whereas the second one - consolidated and developed.Item TEORETYCZNE ASPEKTY ZASADY PRAWDY MATERIALNEJ W NOWYM MODELU POSTĘPOWANIA CYWILNEGO(Wydział Prawa i Administracji UAM, 2000) Bogucki, OlgierdThe article is devoted to the principle of substantial truth on the planes: theoretical and dogmatic. On theoretical plane it is concerned with the notion itself of the principle of substantial truth - its contents and foundation of its binding force. As far as dogmatic plane is concerned - the problem o f binding force o f the principle in question within civil law procedure is being discussed. Here the principle is conceived in a directive-based sense. The article presents a conception o f the principle o f substantial truth within the paradigm of judicial cognition. From this point of view the principle in question is of very much importance as a binding norm and - consequently - a directive of well-founding factual statements within the process of applying the law.Item UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE(Wydział Prawa i Administracji UAM, 2000) Mikołajewicz, Jarosław; Sachajko, MarekThe Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy and of a receiver o f separated part of the estate in bankruptcy - with special taking into consideration of the doubts that have emerged because of recent changes in the law. Dressing a revision of some older and of some presently introduced legal regulations, the Authors devote much place to general intemporal issues of adequate procedure; they are trying to find the answer to a question which o f the provisions - the „older” or the „newest” should be applied after entering in force of the „new law” in case of proceedings that have been instituted before the entering mentioned but never ended, up to the present. The Authors ascertain the fact that not in every case a change of binding laws is being operated in enough simple and clear manner - from the point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult situation could be put in order by a simultaneous entering in force of adequate law and of executive regulations. The whole problem could be thus limited to skilful and proper application of the principle lex retro non agit - what should certainly appease present debates among receivers in bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure of work - do stray one from another in a too flagrant manner.Item POLITYKA RZĄDÓW PRAWA, KONSTYTUCJONALIZM I PROBLEM ROZLICZEŃ Z PRZESZŁOŚCIĄ (uwagi na marginesie książki Davida Dyzenhausa Judging the Judges, Judging Ourselves. Truth. Reconciliation and the Apartheid Legal Order )(Wydział Prawa i Administracji UAM, 2000) Czarnota, Adam