Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 4


Recent Submissions

Now showing 1 - 20 of 22
  • Item
    Spis treści RPEiS 47(4), 1985
    (Wydział Prawa i Administracji UAM, 1985)
  • Item
    Własność rolnicza
    (Wydział Prawa i Administracji UAM, 1985) Stelmachowski, Andrzej
    A wide interpretation of ownership the one encompassing property, is of particular importance to agricultural law. This stems from the fact that the basic organisational unit in agricultural production is found in the farm, which, precisely, includes a specific property. It is not enough to speak, in this case, of only the individual components of that property — they are important only when seen as an element of an organised whole — the farm. In that capacity, they are subject to a specific legal regulation. Since the abridgement of the Constitution in 1983, the hitherto accepted content of "'socialistic changes" discussed in art. 15 point 1, has assumed a different meaning. The present objective of "socialisation" is interpreted in a totally different manner than before. The postulate of socialisation pertains to all forms of property, and its object is an optimal meeting of social requirements and the realisation of human rights.. The new formula of art. 131 C.C. can be seen as an authentic expression of the Constitutional norm and its logical complement. Agricultural ownership performs two specific functions — a productive and a social and political one. They overlap with the traditional function, which oworship has always performed. The actual situation of the owner is defined by numerous laws and regulations outside the C.C. That situation can no longer be treated as an owner's right limited only by public considerations. Agricultural ownership is by nature a complex of rights and duties. In the realm of agricultural ownership protection, the object of protection and the range (intensity) of protection, are of particular significance. There is a difference, though, between the protection of farm ownership as a whole, and that of the individual components of the farm. What is most difficult is the problem of protecting farm ownership in terms of its attribute of the right to utilize a thing. The fewest problems, in turn, are created by the protection of a different attribute of ownership — the possession right.
  • Item
    Ochrona gruntów rolnych, czyli o sprzeczności interesów i ich kojarzeniu
    (Wydział Prawa i Administracji UAM, 1985) Pańko, Walerian
    The aim of the present article is to answer the question if the new farm- and forest-land Protection Act of 1982 is an expression of excessive farming privileges "at the cost" of the non-agricultural sectors of the national economy. With this purpose in mind, the author turns our attention to the different interests taken into account by the Act, at the subjects expressing those interests, and at the ways of protecting and the methods of reconciling them. In the area of farmland protection, there appear side by side interests formulated in terms of a branch and a territorial perspective. The "branch" ones appear in the foreground. They may be presented in a diagram as: farming versus other different spheres of socio-economic life. The "territorial" interests are differentiated into national, regional and local ones. Finally, there appear, side by side, the interests of the farm and those of the productive plant. (In conclusion, the author states that the farmland Protection Act should not be suspected of an excessive departmental particularism. Its solutions allow us to speak of a progres in farmland protection, but the progress should be evaluated „as at best very modest.
  • Item
    Zasada trwałości przekazania gospodarstwa rolnego następcy de lege lata i de lege ferenda
    (Wydział Prawa i Administracji UAM, 1985) Lichorowicz, Aleksander
    The author points out a marked divergence between the doctrine and partly also the judicature, and legal regulations. The former jointly indicate the necessity of securing the permanence and irreversibility of the transfer of a farm to a successor, while the latter neither formulate such a principle, nor contain any guarantees of realising it in legal transactions. Having, as a consequence of the above, posed the question whether, in view of the binding legislation, one may speak at all of the existence of a principle of Permanence of the farmis transefr in our law, the author attempts to determine what are the guarantees of permanence in four, (according to him, in practice most significant and at the same time most doubtful) situations: 1) when the transferring farmer has not been qualified for retirement pension, 2) when the successor does not undertake, or relinquishes productive activities on the farm, 3) the transfer of a farm burdened with life annuity, 4) the reservation, in the transfer contract, of the right to renounce the contract. Critically appraising present legislation in this respect, the author postulates a clearer formulation, on the part of the legislator, of the principle of permanence of the transfer, and, simultaneously, proposes motions de lege ferenda as to specific future guarantees of the principle.
  • Item
    Ochrona interesu rodziny a zmiana generacji w rolnictwie
    (Wydział Prawa i Administracji UAM, 1985) Zieliński, Andrzej
    The contemporary Polish village requires and expects a modernisation in practically all areas of its activities and activeness. It is the young generation that is to play the greatest part in the process of structural changes in the Polish country. A rejuvenation of farming is not only desirable, but necessary, and it should be consciously stimulated. Yet a doubt appears if the generation change in farming is not taking place at the cost of an infringement of the interests of the nearest family. The problem is analised on the basis of the Social Security of Individual Farmers Act of 14 December, 1982, (Government Regulations and Laws Gazette 40, pos. 268), and the Civil Code provisions for the inheriting of farms. Furthermore, it seems that the problem is topical only in those families in which there appear conflicts; in families of close bonds the legal regulation of certain social relations is not an obstacle to patterns of behaviour preserved in village tradition. As far as the retirement pension act is concernred members of the transferring farmer's family are not entitled to any claims against the one who transfers as well as against the recipient. The Act determines only what the duties of the recipient towards the one who transfers are, the range of which are, besides, very limited; their bulk is taken over by the state. The Act further, does not mention any possible settlement of accounts between the recipient of the farm and the family of the transferring farmer, in the event of the latter's death. There is an evident gap in the act in this respect. De lege lata there exists only the slightest hope that in the event of such a death, an inheritance would be left in which the farmer's successor would participate. A number of changes have been introduced with respect to succession to farms in the course of the last two decades, which testify to a certain openness, on the legislator's part, to reality, although in all that time he or she has remained faithful to the conception that the successor to a farm must comply with additional prerequisites. What deserves special notice is, first of all, the widened range of those entitled to statutory succession and, secondly the possibility of succeeding to a farm on general terms. On the other hand, one can observe that present regulations pay only a very scant attention to the contribution the testator's family make to the creation of the inherited objects by decidedly favouring socio-economic reasons. It seems that practice should follow a more liberal interpretation of the provisions for the succession to farms. A guideline might be sought in the instructions to the administration of justice and to judicial practice expressed in a Supreme Court resolution of 1968. In cases of a statutory succession to farms, a somewhat singular issue appears in the form of succession by so-called specific replacement. In view of the fact that in a given situation the more far-off members of the testator's family might participate in the succession, for e. g. the descendants of brothers and sisters, this type of succession is an occasion when tension in the family might appear, although also in this case the gist of the problem lies in the conditions to be met by the successor to the farm. In cases of testamentary succession the very principle of freedom of bequest is a potential source of misunderstandings and might lead to those members of the family not appointed as heirs being injured. But also in such cases, the successor must possess specific attributes entitling him to the appointment. Should those be lacking, it might turn out that statutory succession would take place, which would alleviate somewhat the distress connected with bequething. What turns out to be rather ineffective in testamentary succession to farms is the institution of legitimate portions, as here also those who might wish to gain from it, have to conform to certain prerequisites as potential heirs. Quite serious irregularities might be observed in distributive proceedings. They resolve themselves into an assessment of the inherited farm's capacity of payment by installments, to the lowering of payments. The legislator appears here as the protector of the farmer obliged to payments, whereas the farmer and both the testator's and the obliged farmer's family are all entitled.
  • Item
    Rodzinny charakter indywidualnego gospodarstwa rolnego. Zagadnienia prawne
    (Wydział Prawa i Administracji UAM, 1985) Budzinowski, Roman
    The Constitutional Changes Act of 20 July, 1983, has enriched the hitherto existing characterisation of individual farms with the adjective "family". The adjective reflects a basic feature of this productive unit. At the same time, the expression "a family farm" specifies a new normative construction. The object under consideration are those legal issues, which might be used to specify more closely the normative construction of the family farm. The author discusses such detailed issues as: personal relations among the family working on the farm, the importance of a common place of residence and of a joint running of the house family work on the farm and the connections between the family and the holding. Concluding, the author states, that the degree to which the legislator takes into consideration the family character of the individual farm is a reflection of the attitude of the state to this form of farming. In the period when no perspectives of growth were created for individual farms, the "family" character of this productive unit was not noticed or even ignored. It is different today, when premanence and stability is guaranteed to individual farms.
  • Item
    W kwestii dziedziczenia wkładu gruntowego w rolniczej spółdzielni produkcyjnej
    (Wydział Prawa i Administracji UAM, 1985) Geisler, Jerzy
    The novelization of the Civil Code in the wake of the Act of 26 March, 1982, (Government Regulations and Laws Gazette nr 11 position 81), has introduced important changes regarding the succession to land contributions. The Act appoints all those to inherit land contributions who meet the preconditions expressed by art. 1087 § 1 point 1, 2, and 3 C.C., and. in cases of a lack, among the heirs, of persons meeting the condition expressed by art. 1087 § 1 point 1 C.C., the land contributions are further inherited by those expressed by art. 1087 § 2 C.C. Land contributions are inherited also by far-off descendants of the decedent, or the brothers and sisters of the decedent of their descendants, on the principle of the so-called specific replacement, on the basis of article 1060 and 1062 C.C. in connection to art. 1086 C.C, yet under the condition that they meet the precondition expressed by art. 1087 § 1 point 1 C.C. Article 1063 C.C. (in connection to art 1086 C.C.) can be fully made use of in successions to land contributions as it specifies the situations in which inheritance on general principles can take place, (i.e. on the basis of article 931 C.C. and the following). Article 1065 C.C. (in connection to art. 1086 C.C.) specifies those who might be appointed testamentary heirs to land contributions. In every case, anyone who meets the conditions entitling him or her to acquire an agricultural real estate by way of transfer of property (art. 1065 § 1 C.C), might be appointed and heir on the basis of the will. Further, someone who does not meet the above condition might still be appointed an heir, but he or she would have to be entitled to inherit the contribution by act, in the event of the decedent not leaving a will. The novelization of the Civil Code has encompassed other issues as well, among others, those connected to legacies of land contributions, the alienation of an inheritance of that of portions encompassing land contributions, of, finally, to the distribution of the inheritance.
  • Item
    Pozycja ustrojowa i właściwość Trybunału Konstytucyjnego
    (Wydział Prawa i Administracji UAM, 1985) Siemieński, Feliks
    The subject of the article are the legal regulations contained in the Constitution of the Polish People's Republic and in the Constitutional Tribunal Act of 29 April, 1985, and concerned with the two subject ranges pointed out in the title and, at the same time, with four detailed topics taken from each of the two ranges. When characterising the Tribunal and presenting its form, the author puts forward the following theses: 1) the Tribunal is an organ provided for in the Constitution of the PPR, yet it might act solely on the basis of an ordinary act, 2) the installment of the resolutions concerning the Tribunal in the 4th chapter of the Constitution, together with the resolutions about the Tribunal of State and the Chief Board of Supervision, is not justified, 3) the Tribunal is an organ of the administration of justice, and is therefore a court, but a court of a specific kind, and hence its name should be considered as most appropriate, 4) the Tribunal is an independent organ, and not an inner organ of the Seym, although it is, at the same time, — in spite of the independence of its members — an organ subordinated to the Seym. The author justifies each of the theses mentioned in greater detail. Introducing next the subject-matter of the Tribunal's characteristics, the author 1) points out the several conclusions that can be drawn in this respect from the Polish Constitution, especially from art. 33a; 2) presents similar conclusions arising from the resolutions in the Constitutional Tribunal Act, regulating the adequacy of the Tribunal in the area of considering motions to investigate the consistence or rather inconsistence of Constitutional acts with the Constitution, as well as that of other normative acts issued by the supreme and central state organs — with the Constitution and other legislative acts, 3) discusses the competences of the Tribunal regarding the answering of legal queries, 4) and also presents certain general principles, the acceptance of which is, in his opinion, a precondition to the Tribunal adequately performing the tasks expected of it.
  • Item
    Prawo karne wobec narkomanii (uwagi na tle ustawy z dnia 31 I 1985 r.)
    (Wydział Prawa i Administracji UAM, 1985) Gaberle, Andrzej; Ostrowska, Mariola
    As one observes the development of penal law, one has to arrive at the conclusion that it is undergoing an evolution in the direction of. lightening the measures employed, although this development often meets difficulties. Also, what is becoming increasingly marked is the need to bind penal measures more closely with the non-judical systems of social control, as penal sanctions alone often prove to be ineffective. Hence the growing emphasis in international conventions devoted to drug habit prevention, on substituting penal measures with other measures of influence; many countries have taken such postulates into account in their legal regulations of the drug addiction problem. The problem is not easy to solve, though. Criminal acts connected with drug addiction consist not only of the taking and production of drugs, the drug traffic etc, but also of „ordinary" criminal acts being commited, such as, for e.g. burglaries, forgeries, thefts. In addition, many addicts show symptoms of a social alienation still prior to the beginning of the addicition, as, among others, a criminal past. The application of medical measures in such cases is made all the more difficult, and makes on turn to penal sanctions, first of all to decisions of confinement, which dominate the picture of drug addict convictions. The Prevention of the Drug Habit Act does not contain any solutions which could bring anything new into the present situation. The penal law solutions provided for are "traditional"; they do not create any possibility to omit the prosecution of the addict willing to undergo medical treatment, which does not open positive perspectives on freeing him or her of the addiction. It also to often employs the confinement penalty, turning it into the most important means of combating criminal acts connected with the habit. Thus, the Act selects a "conservative" option from all the different possible options of penal law regulation of the problem, and does not constitute any step forward in the direction of creating a modern penal law system.
  • Item
    Pokrzywdzony przestępstwem i jego rola w przygotowawczym postępowaniu karnym
    (Wydział Prawa i Administracji UAM, 1985) Gronowska, Bożena
    According to the regulations of the Polish Code of Criminal Procedure (1989) the injured person can appear in a double role in preparatory proceedings: a procedural party and a source of evidence. This non-typical cumulation can be very important in practice not only for the crime victim but also for the criminal justice system. First, the numbers and type of criminal cases entering the system are largely determined by the reporting behaviour of injured persons who thus „control" the initiation of the criminal prosecution. Secondly, the injured person as a source of evidence can deliver some of the most valuable information for the agencies of preparatory proceedings. Finally, the injured person as a party to preparatory proceedings can — by his activity — increase the range of the adversary principle and thus can create a guaranty for the efficient functioning of the principle of material truth. The author exposes not only the potential benefits which are connected with the active participation of an injured person in preparatory proceedings. She also points out all those factors which make such a participation difficult or even impossible. The main problem here is the post-crime victimization. This "second injury" can be a result of the first contact between the injured person and the agencies of preparatory proceedings. Although there are already procedural rules, the victims of crime are still "neglected"; they are simply excluded from their cases or have been left to play a distinctly secondary role as a source of evidence in preparatory proceedings. In the author's opinion some changes both in legislation and in the attitudes of procedural agencies are necessary. Only the general improvement of the injured person's situation in preparatory proceedings can give us an opportunity for increasing the effectiveness of criminal prosecution.
  • Item
    Prawo do milczenia w procesie karnym (w związku z pracą „Samooskarżenie w świetle prawa karnego")
    (Wydział Prawa i Administracji UAM, 1985) Jeż-Ludwichowska, Maria
    The following article is a text polemising with the work by Z. Sobolewski titled Self-accusation in the ligth of penal law. The great controversy over the work, makes a brief discussion on it, one which would still touch upon all the controversial issues, very difficult indeed. Therefore the author has concentrated on what she considered most vital in the work, namely, the limits to the „Right to remain silent". And quite rightly, as the right to refuse to give evidence is one of the most difficult problems in criminal proceedings, one, at the same time, of its most sore points. Hence the work by Z. Sobolewski has met with great interest, not only among lawyers. Hence it was noticed by the author and hence the above polemic remarks.
  • Item
    Uwagi w sprawie odpowiedzialności przewoźnika w nowym prawie przewozowym
    (Wydział Prawa i Administracji UAM, 1985) Napierała, Jacek
    The aim of the present study is to establish in what way the legislator has distributed the so-called carriage risk between the parties to the contract under the new carriage law. With this purpose in mind, certain issues regarding the liability of the carrier, of a more general character, have been analised, as well as those concerning specific types of rights to which persons using carriage services are entitled. Such a formulation of the problem enables a simultaneous discussion of the liability deriving from an inadequate execution of both, a carriage contract of persons and that of things. One might discuss the distribution of the carriage risk by means of an analysis of the different types of rights to which the contracting parties are entitled, in the event of a lack of exucution or an inadequate execution of carriage services. Among the rights aiming at a proper change in the legal relationship there is noticeable a right to validate performance through the so-called execution by substitution. The contents of this right will in practice be dependent on the interpretation of the concept of "circumstances rendering the execution of a contract, in accordance with its terms, impossible". Unfortunately, the Act does not provide for those rights of travellers, the realization of which would lead to making the payment for services conform to a decreased performance value. In this situation, it seems necessary to enlarge upon the postulate of basing legal sanctions in such cases on general principles. We are concerned here with those stiuations in which the carrier charges an additional payment for a special standard of the services. The party to the carriage contract is also entitled to rights of a nullifying character, as for e.g. the right to renounce a contract. In the new act, there is a regulation guaranteeing a return of undue performance and a return to the precontractural state in those situations, when further travel has hecome pointless for the contracting party. The lack of execution or the inadequate execution of a resolution by the carrier, might be the cause of a damage to the contracting party's property. A distribution of the risk of bearing the negative consequences of such developments weighing upon the parties to the carriage contract, depends on the contents of the specific preconditions of indemnity liability, such as 1) a breach of the contents of the relationship resulting from an obligation linking the parties, 2) the lack of circumstances exempting the carrier from liability, 3) the appearance of damages, 4) the existence of a causal nexus between the lack of execution and the damage, 5) the contents of the indemnity liability of the carrier. The problems of the carrier's indemnity liability, which appear at the reading of the new carriage law have been discussed in the above order.
  • Item
    Ocena roli i skutków reformy rolnej w Polsce Ludowej
    (Wydział Prawa i Administracji UAM, 1985) Ratajczak, Klemens
    The article is an attempt at an evaluation of the role and effects of the land reform on farming in the course of the past forty years of its development. At the starting point of the evaluation is a presentation of the views dominating our economic policy, views on the very expediency of conducting land reform. In this part of the article, the author discusses the specific socio-economic conditions in the Polish village after World War II, and the expediency of conducting a land reform at the time, particularly in vew of economic considerations. The next part of the author's reflections is a presentation of the course of the reform itself, taking into account its specific nature in different parts of the country. The author pays a singular attention to the formation of a new land structure, within the individual sector and between it and the socialized one. Furthermore, the author notices the great usefulness, in Polish conditions, of farms of a family type. This usefulness is seen mainly in the farms'substantial economic activity and in their low capital absorption. In a further part of the article, the author attempts to evaluate the succeding stages of farming policy, dealing with the concepts of co-operative, state and co- -operative group farming. All those attempts lead to the working out the policy of a single agriculture, initiated in 1980. An expression of this policy is found in the introduction of the economic reform into farming.
  • Item
    Niektóre uwarunkowania zmian strukturalnych w rolnictwie polskim
    (Wydział Prawa i Administracji UAM, 1985) Trzęsowski, Michał
    The program of structural changes in our farming, initiated in the past and oriented at direct forms of socialising the land, has not brought any satisfactory results. The course aiming at national self-sufficiency in food, in the conditions of limited supplies of the means of production, forces us to seek new solutions, ones which would to a greater extent take into account the specific nature of our farming. The great differences in the production and economic results of the various agricultural sectors enables us to see the perfecting of agricultural structural as one of the instruments of raising the effectiveness of management. Yet the realisation of structural plans in agriculture would require certain adjustment changes in the whole complex of the food industry.
  • Item
    Ekonomiczne przesłanki racjonalnego gospodarowania zasobami siły roboczej w rolnictwie
    (Wydział Prawa i Administracji UAM, 1985) Wojciechowska-Ratajczak, Bogumiła
    The article attempts to specify, theoretically and in practical terms, the economic prerequisites of growth in the effectiveness of forming labour. The results of research have proved that the initiation of enormous but little effective resources of labour in Polish agriculture is determined by the acceleration in the growth of non-agricultural branches of food production, and especially of industries producing farming means of production and of the sphere of producing services for farming. The selection of the organisational forms of these branches of the economy should be conducted, though, on the basis of an economic calculus. Units of a small degree of concentration of production are economically most effective at the present stage of our food economy, as they are by nature of a low capital absorption and react elastically to the changes, in time and place, of farming needs. A growth of such production units is also the socially least expensive way of urbanising the village.
  • Item
    Przedsiębiorstwo rolne a wyposażenie infrastrukturalne
    (Wydział Prawa i Administracji UAM, 1985) Wilczyńska, Kamila
    A differentiation has been conducted between the concept of the farming enterprise and that of the farm. The farming enlterprise requires a much greater infrastructural equipment than the traditionally understood farm. The aim of the study is to show what this difference of an infrastructural equipment depends on. What has been attempted is showing that an agriculture in which farming enterprises with a proper infrastructural equipment dominate the scene, is quantitatively different from an agriculture consisting of farms lacking the features of an enterprise.
  • Item
    Kredytowanie budownictwa indywidualnego na wsi
    (Wydział Prawa i Administracji UAM, 1985) Mikołajczak, Ryszard
    The subject of the article is a bank credit given by cooperative banks for the development of individual housing for farmers. The author is trying to point out the possibility of taking into consideration, in the issue of the credit conditions delineated by the bank, not only economic criteria, connected to this economic category, but also of social criteria, which in turn are connected to the subject of crediting. The proposals to introduce changes into the system of crediting individual housing, changes taking into account economic and social aspects, would reach their expected goals more effectively. This would require, though, — according to the author, the introduction of several changes into the bank and credit system, pertaining to, among others, a growth of the autonomy of banking institutions and, as a result, the treatment of bank credit as an elastic source of finances for investment, and the growth of the bank's role in investment proceedings.
  • Item
    Stosunki przemysł — ośrodki władzy lokalnej w świadomości społecznej
    (Wydział Prawa i Administracji UAM, 1985) Suchocki, Bolesław; Walkowiak, Jerzy
    The present article is a study bordering on the sociology of industry, political relations and general knowledge. It contains the reflections resulting from the empirical research conducted in the industrial region of Konin. They refer to the concept of the industrial enterpreneur of J. Szczepański. In the first part of the study, the authors characterize the state and types of the cooperation within industry and between it and a local community. The second part portrays the reflection of that cooperation in the consciousness of the workers, enterprise mandatories, as well as the electedy and political local mandatories and administrators of the local public interest. The article generally answers the query: to what extent the consciousness reflection of the enterpreneur in the end of the seventies was reflecting the existing practice of the relations industry—local community. The article provides numerous premises for the further theoretical elaborations and empirical research, indicating both at shortcomings and positive sides of the discussed cooperation, its realistic and deformatory handling It has thus became a step on the road to describe the applicability of the theoretical concept of the ,,industrial enterpreneur" in the practice of empirical sociological research.
  • Item
    Dyskusja nad stanem i potrzebami socjologii polskiej
    (Wydział Prawa i Administracji UAM, 1985) Dulczewski, Zygmunt; Goćkowski, Janusz; Jerschina, Jan; Kłoskowska, Antonina; Kwaśniewicz, Władysław; Kwaśniewski, Krzysztof; Nowak, Stefan; Nowakowski, Stefan; Tymowski, Andrzej; Wiatr, Jerzy J.; Wódz, Jacek
  • Item
    Przegląd piśmiennictwa RPEiS 47(4), 1985
    (Wydział Prawa i Administracji UAM, 1985)
Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego