Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1999, nr 2
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Item AKSJOLOGICZNE PRZESŁANKI SPORÓW O MODEL TRANSFORMACJI GOSPODARKI(Wydział Prawa i Administracji UAM, 1999) Marczuk, StanisławThe Author discusses the role of axiological factors in the examination of economic phenomenons and more particularly - the role of capacity to reconcile the values of universalism with the facts due to a particularism. In a description of successive theoretical models of capitalism - special attention was devoted to post-modernist, Anglo-American and Rhine types of it. When drawing up axiological background of general view of the market economy in the Illrd (i.e.: present) Republic of Poland, the Author stresses a crisis of moral ties in all post-communist countries, the big impact of famous Polish trade-union „Solidarity” ideas and - finally - discusses reasons of a divergence in obtained appreciations of the adopted transformation model. Also problems involved with the attempt to create some social-welfare State after the example of western market economies are being characterized in the article.Item CECHY I EFEKTY RESTRUKTURYZACJI BIPOLARNEGO ROLNICTWA POLSKIEGO W WARUNKACH TRANSFORMACJI SYSTEMOWEJ(Wydział Prawa i Administracji UAM, 1999) Kociszewski, JerzyThe agriculture of ZZiP (North and West Territories of Poland) undergoes double redevelopment. The first one, 1945 - 1958, is connected with settlement and farm implements after the war and consists in the experiment of basing agriculture on the socialized property; it was continued to 1989. The second one is being performed at present and its content is the privatization of public properties and shaping, once again, new agrarian structure based on family farms. Considering the results of the socialization process it seems indispensable to adopt the State control (in the period of transition) over the rebuilding of agriculture and accumulation - for the benefit of its development in order to consolidate its economical and national identity through a system of preferences and allowances.Item CHARAKTER PRAWNY UZNANIA DZIECKA(Wydział Prawa i Administracji UAM, 1999) Haberko, JoannaThe paper relates to legal character of fathering a child by his natural father. This act is a typical act in the law. It is a personal action of the acting subject though for its effectiveness a consent of some persons defined by the law is needed. A declaration deposited does confirm the existing state of facts which is an effect of previously occured events. Factual state acquires in the act of fathering its legal convalidness and subjects of such a legal relationship do acquire rights and obligations. One can not deny that an act of fathering a child has a quality of legal action which contains as well a declaration of will as, in the same time, a statement of knowledge. This act is determined by the legislator in provisions of the family and guardianship code, however it is not in full conformity with the acts as defined within the civil code. Such a solution is nevertheless the effect of conscient standpoint of the legislator who resigns good solutions comprised in civil code (and concerning general civil relationships) for the benefit of better solutions which do more adequately meet family relations.Item CZYNNIKI WPŁYWAJĄCE NA POWSTAWANIE SPÓŁEK PRACOWNICZYCH(Wydział Prawa i Administracji UAM, 1999) Zwierzchlewski, SławomirWithin privatization processes carried out presently in Poland the staff companies are very popular. The article attracts attention to three factors which contributed to development of this form of privatization, and namely: development of the staff’s self-government, institutional support for this kind of privatization and legislative solutions that enable foundation of companies of typical staff character. The law (dated September 25, 1981) on State owned enterprises gave a strong impulse for the staffs of these enterprises, what had for its result the fact of frequent using of privatization by the staffs’ companies after the beginning of the system transformation process. In Autumn 1989 the Union of the Staff’s Property has been created; the Union has derived the patterns from American plans of the staff’s capital shares (the so-called E.S.O.P.) which were occupied with purchasing and distributing of the enterprises’ stock among their employees (i.e.: staff). The popularity of the staff’s companies is still enhanced with legal and financial preferences for to found such companies. The preferences have been created within the framework of the so-called leasing - bom privatization.Item DZIECIĘCA PROSTYTUCJA HOMOSEKSUALNA I PEDOFILIA(Wydział Prawa i Administracji UAM, 1999) Lisiecki, MirosławThe phenomenon of child’s prostitution and of the ensuing from it paedophilia increases constantly proportionally to deepening discordance between welfare and poverty and to still growing up moral relativism. Essential is also the question of emancipation of sexual behaviour recognized up to the present as being deviated (for instance: acceptance for official existence of gay’s organizations). The Author points out a series of problems which have an imminent link with certain part of the gay’s milieu; its member can - through a violence of legal rules, morals and morality - exert their criminogenic and wictimogenic influence on their social milieu. The Author, by the way of his considerations, devotes much place also to unlawful heterogenic contacts, to the phenomenon of sexually abused juveniles within their families and also - to juvenile prostitution and adequate means of preventing such a trade.Item FUNDUSZE INWESTYCYJNE W POLSCE W ŚWIETLE ZMIENIAJĄCYCH SIĘ PRZEPISÓW PRAWA(Wydział Prawa i Administracji UAM, 1999) Łabowski, KrzysztofDuring a dozen or so last months in Poland a series of changes in the legislation has been carried out. All of them have an essential influence on functioning of the whole financial system. The Author discusses foundamental new regulations that are distinct from the previously binding provisions as well as the most important issues of the funds operation. Main distinct regulations of the new law are: distinguishing of four basic kinds of the funds, new definition of the investment fund, introduction of conception of a fund based on two separated subjects of rights, detailed definition of control functions of the depositary, increasing of the role of the funds’ statute, introduction of funds register, definition of three foundamental aims of investment funds. Further the Author analyses the details of: regulations concerning subjects managing the assets of funds, provisions on depositaries, organizational and functional structure of subjects engaged with funds’ service, precaution norms that are obligatory for the activity of funds, particular types of funds, their limitations in investing and obligations to keep informed, and, as well, the provisions concerning takings over, liquidations and transformations of investment funds.Item KARALNOŚĆ USIŁOWANIA NIEUDOLNEGO(Wydział Prawa i Administracji UAM, 1999) Dębski, RyszardThe Author - starting his considerations from a discussion of primary legislation that took into account only an alteration in outer world (no alteration = no punishment) - gives a survey of the revolution of dispositions of law within the scope of attempt to commit an act which is illegal (i.e. anti-social act) - and this - beginning from Roman law. Particular theories are then discussed (objective and subjective attempt theories, material theory, abstractive-objective theory, formal-objective theory, material-objective, general-objective and, finally, individual-objective theories). Among recent theories the concrete-objective one and the theory of a gap in essential factors that statutorily constitute an offence are mentioned. Differences between absolutely inapt attempt and relatively inapt one - what is a result of inappropriateness of the instrument of crime used in its real, qualitative, local or quantitative aspect - are also presented. When characterizing particular terms of this question the Author analyses the notion of inapt attempt against the background of rich literature of the subject and terminates his considerations with an evaluation of correspondent provisions within the newest Polish penal code that got into force in 199?. 98Item KONTROWERSJE WOKÓŁ PRZESTĘPSTWA PODOBNEGO(Wydział Prawa i Administracji UAM, 1999) Rybak, AgnieszkaPointing out two different definitions o f such an offence in old (1969) and present (1997) penal codes, the Author attempts to answer the question what does this change mean and what are its consequences for the Polish system o f penal law. Two fundamental trends in defining objective similarity of acts are then described: firstly - on a basis of comparison o f particular types of prohibited acts and, secondly, on a basis of the precise object of violence attempted. The role of principal and secondary object of protection, so far as defining of objective similarity of offences is concerned, is also discussed. Also the perpetrator’s way of acting as a criterion for defining similarity and the importance of the fact that given offences were directed against an interest of nearing kind which is protected by law - have attracted attention of the Author. When citing particular regulations, the Author indicates concurrence of legal rules and appreciates its role in fixing up objective similarity o f offences. Finally, the Author formulates her suggestions to the address of judicial decisions: how to proceed in what concerns the adoption o f legally proper qualification o f a given act.Item KORZYSTANIE Z PORNOGRAFII AGRESYWNEJ A PRZEMOC SEKSUALNA - ZALEŻNOŚĆ POZORNA CZY RZECZYWISTA?(Wydział Prawa i Administracji UAM, 1999) Krawulska-Ptaszyńska, AnnaThis article makes a review of previous studies engaged mainly to prove the pornography - aggression relationship. Question asked the most frequently in these studies, connected with the problem of pornography consumption, was the following: is pornography able to lead to antisocial behavior against women? This article attempts also to analysis obtained results (experimental outcomes and statistical data came from sexual crime statistics made for countries in which pornography is not restricted). According to this analyse, it is possible that, so far, we do not have fully convincing evidence to prove the main thesis - that pornography really provokes changes in men’s attitudes and behavior towards women.Item MEDIACJA I ARBITRAŻ JAKO PRZYKŁAD INTERWENCJI TRZECIEJ STRONY W NEGOCJACJACH GOSPODARCZYCH(Wydział Prawa i Administracji UAM, 1999) Kowalczyk, ElżbietaThe Author in her article analyses mediation and arbitration processes in order to present all factors that characterize both of these forms of intervention of a third part and, against this background, carries out a comparison of them. The point of the interest here is to establish a possibility of using mediation and arbitration in Polish market economy circumstances. Having appeal to graphic means the Author visualizes connections between the mediation process and negotiations; particular phases of mediation as well as of negotiations are described. An analysis of a model of an effective mediator entered too the area of interest of the Author; a characterization of such a model as seen by several other researches is given. In what concerns the arbitration we can find a comparison of this solution with the mediation and with a trial. An analysis of advantages and disadvantages of arbitration as a method of settlement of a litigation is also an important point of the article.Item ORGANIZACJA JEDNOŚCI AFRYKAŃSKIEJ W PROCESIE POKOJOWEGO REGULOWANIA SPORÓW MIĘDZYNARODOWYCH W AFRYCE(Wydział Prawa i Administracji UAM, 1999) Sidi Diallo, BoubacarThe Author discusses the genesis o f the Organization o f African Unity, its aims and operational principles as well as, next, its structure and regulations on membership. Then the nature of international litigation in African continent and the role of the Organization in its settlement (against general historical background) are presented. Finally, the practice of African States in the process of settlement of international litigation as well as the contribution of the OAU to this process are discussed - with a series of concrete examples of such conflicts. 20 T.Item PRAWA PRACOWNICZE KOBIET W NORMACH MIĘDZYNARODOWEJ ORGANIZACJI PRACY I WSPÓLNOTY EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 1999) Buchowska, NataliaThe Author has divided the existing legal regulations of the above mentioned institutions in three categories, and more particularly: - legal acts of protective nature, corrective legal acts, and - anti-discriminatory acts. Then the Author is occupied with some concrete provisions on elimination o f discrimination, provisions to guarantee equal salaries and protection o f women’s labour. According to the Author’s opinion the regulations bom within the ILO system are sufficient to guarantee a protection of work and an observation of women’s rights in work relations and as well they are also sufficient to secure equality o f rights of women and men. The norms adopted within the law of European Communi ties are in full conformity with standards elaborated by the ILO and in certain cases they are even superior.Item PREFERENCJE GOSPODARSTW DOMOWYCH I FIRM W ZAKRESIE ZAKUPU UBEZPIECZEŃ EMERYTALNYCH(Wydział Prawa i Administracji UAM, 1999) Garczrczyk, JózefDuring the researched period of the two last years: - in the opinion of persons managing household budgets the most important element of a retiring insurance is the credibility of a given insurance company and the amount of insurance premium (45 per cent). It is to be noted the growing importance of the premium amount and of the fact after how many years the pension should be available. Decreasing is the role of anti-inflationary measures and of the range of a given an insurance. Relatively least importance is still attached to a possibility of depositing an insurance in quality of a pawn in a bank. The same - for the manner of payment of retirement pension and for the frequency of insurance rate; - reliability of the insurer is being stressed more often by the professionals, persons from higher income households or those who claim their wealth level being high (55-65 per cent). The insurance premium amount is of bigger importance for the elderly, the less educated, the unpropertied and the pessimists; - percentage of those who are interested in possessing their private pension for retired has recently increased. However, relatively few persons do possess such an insurance (every tenth person) despite enough financial means for that aim. Relatively large group of the undecided has been separated (up to 15 per cent). A wish of possessing private retirement pension is thebigger the higher is education level of a person, the bigger are the wealth and income level of the household; average amount of the declared insurance rate is 118 PLN monthly. This sum increases together with education level and earnings of particular members of a household; interest the firms have in possessing a group insurance passed with an investment fund is now expressively bigger. An intention to start such a kind of insurance is being expressed by every third firm and almost every tenth is already in possession of it.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Czabański, AdamMaria Jarosz, Samobójstwa, Wydawnictwo Naukowe PWN, Warszawa 1997, ss. 194.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Opałło, MirosławaProblemy polityki ekonomicznej. Studia i szkice na Jubileusz Profesora Zdzisława Dąbrowskiego, praca zbiorowa pod red. naukową Jerzego Tarajkowskiego, Akademia Ekonomiczna w Poznaniu, Poznań 1998, ss. 333.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Ślęzak, MonikaJan Róg, Przemiany w stosunkach polsko-czeskich na pograniczu (na przykładzie Śląska Opolskiego), Opole 1998, Wydawnictwo Uniwersytetu Opolskiego, ss. 118Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Kędzior, ZofiaOchrona prawna konsumenta w uregulowaniach publicznoprawnych, pod red. Jana Kufla, Zeszyt Naukowy AE, Poznań 1998, ss. 183.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Rymarczyk, JanMarian Gorynia, Zachowania przedsiębiorstw w okresie transformacji. Mikroekonomia przejścia, Wydawnictwo Akademii Ekonomicznej w Poznaniu, Poznań 1998, ss. 311.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Mruk, HenrykLeksykon marketingu, pod red. Jerzego Altkorna i Teodora Kramera, PWE, Warszawa 1998, ss. 336.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Górawski, JanWładysław Balicki, Makroekonomia, Wydawnictwo Wyższej Szkoły Bankowej, Poznań 1998, ss. 219.