Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 2


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    Spis treści RPEiS 45(2), 1983
    (Wydział Prawa i Administracji UAM, 1983)
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    Indywidualne gospodarstwa rolne w ustroju społeczno-gospodarczym PRL (rozważania na tle art. 131 k.c.)
    (Wydział Prawa i Administracji UAM, 1983) Budzinowski, Roman
    A new regulation of sec. 131 of the Civil Code (cc.) is deserving particular attention in the aspect of defining a place and role of indvidual farms in the socio-economic system. It is a new substantiation of a general clause of interpretation and application of civil law provisions formulated in sec. 4 c.c. In its impact the regulation exceeds a role of the interpretational directive. It is the most exhaustive, in our legislation, formulation of a relation of the State to individual farms. Two question's are the subject off detailed discussions i.e.: a) individual farms as a stable and equal in rights element of the socio-economic system, b) guarantees of ownership and complete protection of individual farms. There is an apparent interrelation between the- guarantees of ownership and complete protection afforded by the State to individual farmls, and recognizing these farm's as a stable and equal in rights element of the socio-economic system. Yet, the guarantees of ownership and complete protection do not preempt the State's right of intervention. It seems justified to say that the ownership of individual farms is guaranteed by the State in certain limits and under certain conditioms. The regulation of sec 131 c.c, will be expressing current trends in the legislation determined by political considerations, until it is reflected in the Constitution. The article is concluded with the postulates on the developement of agrarian policies, on legislation and on the studies on agricultural law.
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    Obowiązek rolniczego wykorzystywania określonych gruntów rolnych w PRL
    (Wydział Prawa i Administracji UAM, 1983) Pawlak, Wiktor
    The constitutional principle of a proper utilization of land as a national property is reflected, among others, in a duty of agricultural utilization of farmlands and land re-cultivated f'or agricultural purposes. Two structures of subjects can be defined upon characterizing this regulation: the State — owners of agricultural estates, and owners of these estates — all non-owners. The statutory duty of agricultural utilization of farmlands and lands re-cultivated for agricultural purposes is a part of the structure: the State — owners of agricultural estates. According to the valid legal rules, this duty does not have to be substantiated in a form of administrative decision but directly creates the obligation for owners (possessors) to perform generally defined real actions on specified cultivable lands. Fulfillment of this duty is a subject of control perfomed by a primary State's administrative agency in a period of plants' vegetation. The statutory duty on owners (possessors) of specified cultivable lands- of utilizing them in agricultural way is related to the right of State administrative agencies to control its fulfillment. Thus the duty becomes an element of potential relation under administrative law of the basic character in the aspect of substantive law. Content of the duty being an order of running effective vegetable production imposes itself in a way on that part of allowed behavior of owners (possessors) which consists in taking up vegetable production. In case of observing any action contrary to the ordered activities State administrative agencies are competent to levy measures of execution. In this way a potential relation under law and execution can foe defined, it is one of the types of a relation under administrative law.
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    Zakres odpowiedzialności PZU z ustawowego ubezpieczenia odpowiedzialności cywilnej rolników
    (Wydział Prawa i Administracji UAM, 1983) Kwieciński, Tomasz
    In the article the author discusess scope of liability of insurance institution in a statutory farmers' liability insurance. The iliaibility insurance of farmers was introduced in Poland in 1975 as a statutory insurance. Beside a transportation liability insurance, it became the second statutory civil liability insurance. For this reason the regulation of those two- insurances is often compared in the article. Presently, the farmers' liability insurance is regulated by the order of the Council of Ministers of 24 Feb. 1978 (Journal of Laws No 28, entry 145). Various provisions of this norm-setting act may create difficulties in interprétation. Several problems have to be therefore dealt with, in particular the problem defined in a title of this article. In the first instance the author indicates a group of persons whose responsibility is covered by the insurance. These are: a farmer, his "near persons" (i.e. linked with the person concerned by kinship or a special- relationship, annot. by transl.), persons employed in a farm run by the farmer concerned. A problem of covering contractual liability of an injuirer with the civil liability insurance is also discussed. Other remarks are touching on a question of insurance institutions exclusion of liability as provided in § 5 of the cited order of the Council of Ministers. In the last paragraphs the author discusses the problems of damage assessment and fixing the amount of indemnity due to an injured person from an insurer. The article brings forth several critical remaste on the legal regulation of civil liability insurance of farmers. The author is drawing also certain de lege ferenda conclusions. In the resumption, a justness of applying the farmers' liability insurance as the statutory one is questioned by the author.
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    Orzeczenia stwierdzające obowiązek złożenia oświadczenia woli w obrocie nieruchomościami (art. 64 k.c, 1047 k.p.c.)
    (Wydział Prawa i Administracji UAM, 1983) Kępiński, Marian
    The Polish Civil Code (sec. 64) and the Polish Code of Civil Law Procedure provide the special rules in a case when one person refuses to make a declaration of will. These rules, however, apply mostly to the cases When there have already been an obligation between the parties to make such declaration. The following typical situations can be distinguished in transfer of land property transactions: 1) a preliminary contract of sale (a donation or another type of contract is not excluded), obliging both parties to concludes specific contract in the future, 2) a final contract of sale of land (or another type of contract) which does not transfer ownership of it to the buyer. It is however necessary for the both parties to make their final declarations to transfer ownership (sec. 157 § 2 c.c), 3) the obligation arising from another source than a contractual one, i.e. an unjust enrichement, legacy, erection of a building on land by an owner-like possessor etc., 4) revoking of a donation by the donor. In order to transfer ownership of land in those situations, a legal act have to be drawn by the public notary tin a solemn form (a deed). If any party refuses to participate in the legal transaction- the law permits to have its declaration of Will replaced by a decision of a court. The party who wants the transfer of land property to be effected may lay an action against the other party. It is a duty of a court in the legal proceedings to establish the existence of the forementioned Obligation to make a declaration of will. The final judgement replaces the declaration of will of the defendant (sec. 84 c.c, sec. 1047 c.c.l.p.). The author argues that in the transfer of land property, this judgement should generally take place of the declarations of will of both parties (i.e. plaintiff's and defendant's). That solution has the advantage of being the moist suitable in the practice. With the final judgement both parties get the surogate of a deed drawn by a public notary. The transfer of land property is usually effected as a result of that judgement. In some cases, however, the additional registration of the judgement in the land registry is required.
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    Efektywność produkcyjno-ekonomiczna gospodarstw rolnych
    (Wydział Prawa i Administracji UAM, 1983) Ratajczak, Klemens
    At the beginning of the article the author makes an assumption that agrarian policies aiming at developing and transforming structures of agriculture must be in agreement with economic principles and cassations ruling that baranach of economy. Accordingly to the assumption made, all types of farms are subjected to the economic assessment throughout the [period of twenty years (1960 - 1980) of their activity in the respect of the dynamics of their developement and effectiveness of such factors of production as land, labor and productive capital. On the grounds of the statistical data the author can draw a conclusion that the developement of particular types of farms was not in keeping with their productive and economic effects. Supra economic factors exercised powerful effect on the developement. This resulted in taking no account of costs in decisionmaking in the scope of production and its organization. This phenomenon can be particularly seen in State farms and in cooperatives. In place of the efficient farms there were huge structures emerging lacking effectiveness in management and in production. Links of cooperation between scattered individual farms and extensively concentrated collective farms were broken. A vast productional potential was accumulated in collective farms and its reserves could not have been ulsed until now.
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    Kształtowanie się efektywności i struktury nakładów w rolnictwie polskim w latach 1960 - 1981
    (Wydział Prawa i Administracji UAM, 1983) Matulewicz, Klemens
    The resulto of a study on trends in effectiveness and total inputs in the Polish agriculture of 1960 - 1981 are presented in the article. It could be established on the grounds of the investigations that there was a systematic increase in total inputs observed in the Polish conditions of the forementioned period. A rate of growth in total inputs was much higher in in the small-scale sector of agriculture than in the State agriculture enterprises. As a result of that process a gap between the indices characterizing effectiveness of total inputs in the small-scale sector and the State agricultural enterprises was continuing to widen in favor the nationalized agriculture. Substantial changes of the structure of total inputs could also be observed in the period under examination. There was a decrease in exipenditure of direct labor and rise of capital expenditures. In material expenditures, there was a reduction in a portion of expenditures originating from a production of own make and increase in a portion of external expenditures agricultural and mon- agricultural. The gain in the latter portion could be particularly observed in the State agricultural farms. The external inputs amounted, at the end of examined period, to over 2/3 of total sum of material expenditures incurred by the State agricultural enteeprises, while they accounted for 40% of the expenditures im the small-scale sector of agriculture.
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    Ekonomiczne przesłanki rozwoju usług produkcyjnych dla rolnictwa
    (Wydział Prawa i Administracji UAM, 1983) Wojciechowska-Ratajczak, Bogumiła
    The article is an attempt at defining economic foundations of the developement of productive services in Polish agriculture. The results of deduction were empirically verified on the grounds of a statistical analysis of character and dynamics of structural changes of the system of productive services in the years of 1970 - 1980 and of their compatibility to preferences of individual and collective farms. Results of the examination (proved that directions of changes in the sphere of productive services in our agriculture of the pariod in question were in general in keeping with regularities in that branch. Yet, the scale of those changes was such that it could not effect any substantial, socially needed transformat ions of the traditional structure of services. Further improvement in a structure (subjects and objects) of the system of productive services of agriculture should be, above all concentrated in the direction of rapid developement of services both ante- and post-productive as well as of off-farm service units.
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    Kooperacja produkcyjna w rolnictwie w latach 1970-1979
    (Wydział Prawa i Administracji UAM, 1983) Trzęsowski, Michał
    In spite of many attempts made in the past at accelerating transformations of the system, the Polish agriculure in its major part is still a small scale production sector. This situation results in a need of searching for more effective ways of transformation making a better use of specific features of indivdiual farming. Productive cooperation is undoubtedly answering for that need as it allows a relatively non- conflict linking of growth of production with gradual social transformations in the country. The experience of the last decade seems to be very valuable in this respect. A particular importance of that period is resulting from the distinctive features of adopted concepts of the cooperational developement, both in the aspect of intra- sector and inter-sector relations. A new productive organization emerged in Polish village is the group of individual farmers, acting according to the regulation of partnership. Productive and economic achievements of these groups are unquestionable, yet their effect on account of the high social costs is still relatively small. As far as the intersector Cooperation is concerned, the experience of the seventies is a long step forwards on the way overcoming isolation between the sectors. A limited effect of the cooperation of seventies in the process of stimulating transformations in our agriculture is consequent non on the fallacy of the very concept, but on the unfavorable external conditioning of the developement of agriculture.
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    Spółdzielczość kredytowa typu rolniczego w reformie systemu bankowego z roku 1982
    (Wydział Prawa i Administracji UAM, 1983) Ochociński, Stefan
    The article discusses changes in organizational structure and in principles of functioning of cooperative banks which are related to the new banking law and the new cooperative law of 1982 and which will be implemented in practice in the years of 1983 and 1084. The attention is focused on major limitations in the taplemenitation of complete mutual financial aid and of the related rules of cooperative banks as local institutions of small banking credit. The mutual financial aid is limited among others, by the duty on cooperative banks to associate in the State-cooperative owned Bank of the Food Economy as their auditing, organizational and financial central office, this is a channel securing intervention of the State administration in the affairs of credit cooperatives and of the associated individual farmers. Decision-making competence of the centrai Sitate administration in the respect of loaning and other banking «services as well as the directive character of limits and binding guide-lines following from an annual State credit plan are breaking direct links between a credit action and the economic character of local funds of the mutual financial aid. They are also strengthening the effect of administrative measures of directing activities of cooperative banks and weakening cooperative rules and methods of banking influence on individual farmers. Similarly the statutory rules of socializing profits and assimilating cooperative management of earmarked funds to a financial management of state enterprises are decreasing the stimulating role of the mutual financial aid and of the or elated specific cooperative rules. A process of changing statutes of cooperative banks which has begun in 1983 can facilitate the introduction of rules and forms which were described in the end of the article, they can effectuate more complete than previous financial mutual aid of credit cooperatives.
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    Infrastruktura wsi i rolnictwa. Próba definicji
    (Wydział Prawa i Administracji UAM, 1983) Wilczyńska, Kamila
    A need of defining notions of infrastructure of the country and agriculture arises from the fact that it is It he infrastructure which should become a distinct subject of studies and of practical activity in order to create conditions for its development. The previously used division of infrastructure into the technical and social ones is replaced by the economic and social aspects of infrastructure of the country and agriculture, adopting a criterion of function performed as the only adequate. Proceeding from definitions of infrastructure formulated by many authors, a scope of the country's infrastructure was determined in the formentioned division. It is at the same time necessary to distinguish the infrastructure of agriculture as a narrower notion from the country's infrastructure, containing elements directly related to agricultura production. The level of productive resources in agriculture determines the agricultural infrastructure. The introduction of technical progress in agriculture lies a construction of new infrastructural facilities under necessity to secure effectiveness of the applied technical solutions. The scope of the country's infrastructure is related on the one hand to the sphere of supplying agriculture with the means of production and on the other with supplying the consumer with agricultural products. In spite of the predominant economic features of infrastructure, its social aspects were also indicated.
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    Przemiany ekonomicznej struktury rolnictwa w krajach Europy Zachodniej
    (Wydział Prawa i Administracji UAM, 1983) Babiak, Jerzy
    A process of concentration of production became the most conspicious effect of the structurai changes in the Western European States. In spite of the poist- -World War Two progress the level of concentration in agriculture is still much lower than tin other branches of production. The following can be mentioned among the main reason of that state of things: historical conditions of the development of agriculture, distinctive features of the production process in agriculture, developed system of the so called vertical integration. Two period's can be distinguished in a course of concentration after the war, The first one dating back to the end on the war and lasting to the sixties, and the second one lasting from the beginning of sixties to our decade. A lower rate of concentration was characteristic of the first period while the second one brought about accelerated dynamic transformations of quantity and structure of productive units in agriculture. In the result, there is a decline in total amount of farms, growth of an average farm's area and an increase in the portion of medium and large units in a structure of farms. Transformations of the agrarian structure are closely interrelated with changes of the labor resources in agriculture. A general decline in these resources in favor of other branches can be observed. The second trend is a fall in hired labor and a large bi-occupational population. Structural transformations in agriculture are not effected only by self-feeding market processes. Much influence is yielded by policies of particular governments and by a Common Market policy, especially in the recent years.
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    Problematyka socjologiczna związków indywidualnej gospodarki chłopskiej z rolnictwem uspołecznionym
    (Wydział Prawa i Administracji UAM, 1983) Kwaśniewski, Krzysztof
    The author discusses some problems related to the necessity of co-existence and cooperation of individual peasant farms and large state farms in a Polish village. A study of results of certain previous examinations, including the results of the three following articles allows to reach a conclusion that these two forms of landed interest reveal many complementary features and that their dividing differences are more of a stereotype character than they are grounded on some contradicting interests. Their cooperation and co-existence is not only advisable but possible on the grounds of developing and consolidating a socio-cultural self- -identity of the country. Evidently that integration of the country, regardless of what a type of ownership farmwork is related to, has to be carried out in connection with the increase of a civilizational standard of the country and with the facilitations in a widely understood communication with supraregional centers.
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    Postawy pracowników PGR wobec polityki rolnej PRL na tle postaw innych grup mieszkańców wsi wielkopolskiej
    (Wydział Prawa i Administracji UAM, 1983) Bogalska-Czajkowska, Ewa
    The article is a study of attitudes of state farm workers towards the State agrarian policies (in its tactical and strategic aspects). Proposed methods of the study are to determine a scope and contents of political consciousness of that group of country dwellers. The analysis accounted for three variables only, considering them to be the most integrating in a process of forming political attitudes : — connection of an examined group with its working and living environment, i.e. a village in this instance; — knowledge of the examined on a subject of attitude, i.e. agrarian policies; — systems of recognized values. A choice of the examined group and a location of the investigations in the Wielkopolska's country aimed at distinguishing that stage of political attitudes developement which can be observed in the conditions of advanoed economic growth in the country and functioning of population inside of the so-called socialist sector of rural economy.A social position of the examined could not be defined as a favourable one. Even in the region of strong traditions of social and particularly cooperative managing and of advanced industrialization of a farmwork, the state farm workers remain as social outsider's both economically, socially and culturally speaking. Conditions of their labor (laboir relations in State farms, wages economic effects of State farms) as well as living conditions (low (standard of accomodation and of its facilities) are below the average conditions of life and work of other groups, of country dwellers. In this situation it is not to be wondered at that links of that population to the country have a character of not neutralized economic necessity (in case of farmer members of a cooperative or individual farmers the emotional character of these links can also be observed). At the same time, state farm workers do not reveal any substantial knowledge on the agrarian policies and its interests are concentrated on those moves of the State which can increase profitability of individual- farming. A reconstruction of value systems in the examined groups indicated that on account of the type of labor they are involved in, the state farm workers who should undoubtedly be ranked as the working class have a „false class consciousness". Value associated with a private ownership of land and concomitant negative evaluation of socialized economy are in a center of their value system. This group is aspiring to join the class of farmers, they negatively assess both labor relations in the state farms (particularly visible division into white and blue collar workers) and their economic effectiveness. In their words, state farms are neither socially nor economically competitive against private farms. To sum up, the attitude of state farm wankers towards the agrarian policies is the one of economic individualism and their consciousness is „false by class means".
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    Bariery społeczne występujące między pracownikami PGR a rolnikami indywidualnymi
    (Wydział Prawa i Administracji UAM, 1983) Stukin, Kazimierz
    The task of this article is to find whether and to what extent, there are social barriers observed between individual farmers and workers of State farms interfering in the process of intercommunication of both communities. The social barrier is understood here as a subjective or objective state hindering the co- -existence of a given category of people or groups. This barrier can be therefore understood both as a psychological phenomienon (autodefinition and definition of the interaction partners) and a sociological one (type of behavior, type of relations between definite social categories). Consequently, the confrontation in three aspects was aimed art,, i.e.: ,1) functioning of mutual opinions, 2) social contacts occurring actually, 3) objective similarities and différences. The initial data for analysis contained results of empirical research carried out among indvidual farmers (village), workers of a State farm localized in the village and workers of a State farm localized outside of the village. In the last instance, space was the main determinaint of the existing social relations and, at the same time, a reference to the situation where it was of a secondary importance. The following was found at the outcome of the investigation: 1) one cannot say that economic and educational barriers are present in the examined categories, 2) spatial isolation of a State farm outside of the village can limit, to a large extent, the intergroup communie ability, deforming thus opinions on individual farmers in categories of overestimation,, 3) the demographic barrier can be observed, especially in is element of age, 4) the psychological barrier is also present, it is rooted in stereotypes.
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    Niektóre uwarunkowania społeczne działalności racjonalizatorskiej i wynalazczej pracowników państwowych gospodarstw rolnych
    (Wydział Prawa i Administracji UAM, 1983) Marszałek, Czesława
    Inventive and efficiency increasing activities of State farm workers and their social conditioning are the subject of the article. Among factors determining a orange and scope of these activities the following were examined: educational status of authors of the inventive propositions, structure of employment in State farms, novelty of technological means of production, type of production, organization of inventive and efficiency increasing movement, part played by the State farms management in developing that movement. The research proved that the State farms perform their economic and social functions in propagating innovations i.e. in the economic aspect, the workers are taught to think on categories of progress, to notice needs of their farm in the respect of improving organization of its productive processes. Their feelings of joint responsibility for accomplishment of the plan tasks are also developed. In the social aspect, the State farms are animating the inventive and efficiency increasing movement. Participance of workers in that movement enables them to realize their professional ambitions in the aspect of innovating. The movement is also seen in the State farms as an element integrating various groups of workers in the respect of their educational status, as it is not only a factor of technical progress.
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    Zmiany strukturalne wsi przyszłości w opiniach studentów
    (Wydział Prawa i Administracji UAM, 1983) Suchocka, Renata
    In the investigations involving 230 students carried out at the Agricultural Academy in Poznań, in the period of 1978 - 1979 an attempt was made to determine attitudes, opinions and views on transformations of future village manifested among students of that institution. The followtinig discrimination of villaige socializing factor's was adopted: the high-grade factors are: the existence of socialized farms and the increase in processes of cooperation and integration leading to diminishing division between collective and Stalte farms, The secondary factor's are these forms of productive cooperation which can strengthen links between farmers i.e. forming productive groups, agricultural associations and their cooperatives, taking over pre- and postproductional processes from individual farmers by Sitate or cooperative institutions, growth of communal self government's participatioin in a Village life. The tertiary factors of socializing resulted by transformations in a village community are: loss of bi-oicupationality, increase in educational status of country dwellers, developement of own socio-cultural base, decrease in migrational processes, increments of leisure time, change of a female role in a village community, rise of income, nullifying civilizaitional gaps between city land village. A large differenciation of opinions was found in the examined population in the respect of a future structural form of the Polish agriculture. There were hypotheses formulated and verified on the effect of factors related to a social background (city, village), parents employment sector, possession, and size of a farm, education and parents membership in the socio-political organizations, and factors related to the present environment of the examined person, mean grades, social subjects' grades, membership in the socio- political organizations.. The following three visions can be observed in the examined population in the relation to perceived domination of a certain type of farms: State farms, cooperative farms., individual (private) farms, a large percentage of students is linking future of Polish agriculture with a developement of private farming. This is a result of noticing errors made in the socialized sector and economic ineffectiveness of that form of production. Preffered domination of individual farms is connected with approving of internal structural transformations of these farms, technical and organizational progress as well as of improvement of technical equipment, agrarian structure and increase of self government and integration among farmers. The highest consent in the examined population is observed with regards to the tertiary factors of socializing, while the highest differenciation of opinions is brought atout toy the high- grade factors. A high concurrence of pursuits and ideas is also found, it is an indicator of a degree of optimism among students. Agents effecting types of voiced opinions are related mostly to the life position of the examined students i.e.: type of background community, social background, parents employment sector, farm possessing by parents, future sector and place of employment.
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    Wpływ polityki społecznej na zmiany w świadomości mieszkańców wsi
    (Wydział Prawa i Administracji UAM, 1983) Zakrzewski, Stanisław
    In the years of 1979 - 1980 the author, together with his team was engaged in research works aimed at presenting the effect of social policy on an improvement of living conditions of aging farmers. Farmers inhabiting 29 communes in 11 districts in Wielkopolska, Kujawy regions and in the Western and (Northern (Regained) Territories were submitted to the survey investigation. Changes in a consciousness of country dwellers effected by social policy were one of the objects of the research. The article elaborates this problem as well. The territorial, chronological and material scope of research and source materials used are presented in the first part of the article. Next, the most important, in the author's opinion, trends of changes in a consciousness of country dwellers are described i.e.: — departure from treating land posessing and its amounts as an indicator of social position and authority of a farmer in his Village community, — changes in a traditional model of farmer's family, — creating wider oportunities for individuai farmers to participate in the socio- political life of our country, — appreciation of farmers' labor and increase in their professional prestige. Particular statements are illustrated with opinions of individual farmers and of administration and party apparatus workers in communes collected in the survey study.
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    Przegląd piśmiennictwa RPEiS 45(2), 1983
    (Wydział Prawa i Administracji UAM, 1983)
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    Sprawozdania i informacje RPEiS 45(2), 1983
    (Wydział Prawa i Administracji UAM, 1983)
Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego