Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1996, nr 3
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Item Spis treści RPEiS 58(3), 1996(Wydział Prawa i Administracji UAM, 1996)Item Regulacja prawna zakazu zajmowania się interesami konkurencyjnymi(Wydział Prawa i Administracji UAM, 1996) Niedbała, ZdzisławThe discussion presented in the article - preceded by a historical survey of the relevant regulations in Polish legislation - in its part concerning the Labour Code is based on legal regulations which are only now coming into force (they will become effective on June 1st, 1996). This gives rise to a number of doubts and reservations that cannot be definitely resolved by mtans of an interpretation solely founded on practically unverified legal regulations. The author discusses in detail particular altered articles of the Labour Code concerning the inadmissibility of conducting a competing business (art. 1011 - 1041 L.C.). The need to introduce legal solutions on competition ban into the Code was obvious, but already at the preliminary stage of their evaluation problems appear, and it will become possible to settle them only after a certain interval of their implementation will have passed.Item Uelastycznienie form gospodarowania czasem pracy w znowelizowanym kodeksie pracy(Wydział Prawa i Administracji UAM, 1996) Chobot, AndrzejThe introduction of general flexible working time by the Labour Code left particular solutions to regulations contained in art. 129 of L.C. Since art. 131 of L.C. has been removed, including the part referring to settling individual schedules of working time, it has become all the more imperative to set up directions in collective labour contracts or in working regulations. In view of the lack of directions in collective contracts and working regulations there will appear a severe gap in the law, which would have to be filled by means of interpretation other than linguistic. Collective contracts (and possibly working regulations) ought to guarantee that the workers' individual interests are considered in "taking out" the leisure time for the overtime. Optimally, a worker would decide (or at least co-decide) on the date of "taking out" the leisure time in each case the prolongation did not occur in his interest and on his own initiative (and vice versa - which will probably occur very rarely). The deliberation on the extent of recognizing the labour's interests within the general system of flexible working time, introduced during the work on amending the Code, must emphasize the high merit of time defined by the task scope, with the employee free to prolong or shorten his working time according to his needs, up to stopping work on certain days or even weeks. This is a a truly great merit of the task-effect formula of the employment contract.Item Rozwiązanie stosunku pracy bez wypowiedzenia przez pracownika z przyczyn dotyczących pracodawcy (Uwagi de lege lata)(Wydział Prawa i Administracji UAM, 1996) Dąbrowski, MaciejThe political and socio-economic changes in Poland today are reflected in the contents of regulations by law of employment contracts, adjusted to the new systemic conditions. This concerns in particular the latest amendment to the Labour Code and the author mainly focuses on the new article 55 § 11 of L.C. After deliberating the entirety of problems implied by the amendment, he suggests reconsideration of the soundness of maintaining the institution of compensation as a result of an unfounded dissolution of employment contract by the employee, mentioned in art. 611 of L.C. Introduction of the regulation contained in the last rule itself would reduce the freedom for protection stated in art. 55 § 1 , which would lead to a collision of the two regulations. The changes of labour legislation based on the iuris incerti notion, which follow from the regulations, must not violate the security and permanence of the employment contract, and the protection of the employer's interests, within the contract, need not be realized through constraining the employee's rights. The employer's conformance with the binding regulations is a condition sine qua non for his conducting economic business.Item Wypłata wynagrodzenia za pracę na pracownicze konto(Wydział Prawa i Administracji UAM, 1996) Stencel, JustynaThe article considers the question of the practical aspect of the new code regulation concerning the methods of paying the salary. The legislator's intent in producing new provisions on the subject is easy to read - this is to help avoid the ensuing disputes between an employer and his employees. The author attempts to demonstrate that even though amendment of regulations concerning the payment of salary is of significance in the employer-employee relations, the legal decisions accepted in art. 86 § 3 of the Labour Code do not resolve all the problems involved in the payment of salary into the employee's bank account.Item Prawnomiędzynarodowe koncepcje ekorozwoju(Wydział Prawa i Administracji UAM, 1996) Janina CiechanowiczThe article presents the basic premises of eco-development policy in law and economy, the European conceptions of eco-development and a global view of international concepts of eco-development - with particular focus on the "Rio de Janeiro Declaration", the "Global Action Programme", the "Bergen Declaration" (1990), the "Programme for Protection of the Baltic Sea", the "New Helsinki Convention" (1992), the "Programme of Action for Environment Protection in Central and Eastern Europe" (EAP, 1993). Against this background the author discusses Poland's policies and legislation in the matter, and examines the practical and legal problems of adjusting Polish norms to the obligatory law of the European Union.Item Strategie rozwoju rynków kredytów hipotecznych w krajach tworzących gospodarkę rynkową(Wydział Prawa i Administracji UAM, 1996) Jaffee, Dwight M.; Renaud, BertrandMortgage market development is likely to be a key factor in overall financial market development in emerging market economies. An efficient mortgage market will act as a positive externality for other capital markets, creating pressure for higher efficiency in these markets. On the other hand, a poorly functioning mortgage market is likely to distort other financial markets. The primamry goal of the paper is to analyse the problems that are inhibiting the development of viable housing finance systems in transition economies and to draw relevant policy conclusions. In part two we address the question of why the banks in emerging market economies have failed to take the lead in developing a housing fianance system. We focus on credit, liquidity and interest rate risks. In the next part we evaluate the housing finance system used in the developed economies and put special emphasis on the two primary systems: those that rely on depository institutions acting as portfolio lenders and those that are driven by secondary market systems. In part four we evaluate the likely efficacy for the emerging market economies of alternative systems used in developed economies. Our conclusions favour the use of secondary mortgage markets as the key financial structure to eliminate the constraints that have slowed down the development of housing finance systems. Secondary markets confer two classes of benefits. First, banks can shed the risks associated with holding mortgage loans by selling the loans to other investors through secondary market. Second, secondary markets create standards for credit evaluation and collateral procedures that directly increase the efficiency of the primary markets for new mortgage originations. A housing finance system is unlikely to develop without government support. This did not occur in developed market economies and will not happen in transition economies. These economies face the additional major hurdle in that they must first create an economic and legal infrastrucuture that can support the long-term and complex market relationships and contracts that constitute a housing financial system, this economic and legal infrastructure is an integral part of the overall development of the financial sector in emerging market economies.Item Regionalny wymiar konkurencyjności gospodarki(Wydział Prawa i Administracji UAM, 1996) Szlachta, JacekItem Partycypacja pracownicza w polskiej prywatyzacji(Wydział Prawa i Administracji UAM, 1996) Suwalski, AndrzejThe article discussed the aspect of ownership transformations in Poland related with the participation of the personnel of state enterprises. The demonstration of the problem contains a presentation of its fundamental conditions, the models extant in modern capitalism and a discussion of the place of labour participation and the main, relevant controversial issues in regulating the transformation process. The solutions adopted and the practice of their implementation have a considerable impact on the shaping of the new ownership arrangement and the ensuing efficiency in firm management. They also influence the new labour relations arrangement, which is intended to support the development of negotiatory ways of resolving collective work disputes.Item Świadomość narodowo-historyczna środowiska akademickiego w Tbilisi(Wydział Prawa i Administracji UAM, 1996) Furier, AndrzejThe author has presented the results of his studies carried out in October - November of 1995 in Tbilisi. The aim of this unique inquiry was a description of the state of national and historical consciousness of Georian intelligentsia at the time of major political transformations in Georgia. The questionnaire used during the investigation contained 40 questions that could be divided into two groups. The first group allowed to define the respondents' attitude to other nations and ethnic groups, while the second described their attitude to current political events. Despite the difficulties extant during the execution of the research on the spot (political situation, lack of tradition for this type of studies) the author got answers from 180 respondents. After processing, the data provided the basis to state that the Georgian intelligentsia still remains strongly rooted in tradition and close to the history and culture of their country. The present state of the national and historical consciousness is closely related to the political processes in the country (eg the attitude towards the Abkhaz and the Ossetes, with whom the Georgians remain in conflict). A survey of the results of the study, set against the author's knowledge following his stay in Georgia in the years 1987 -1991 allows to state that the Tbilisi intelligentsia at the present time is seeking for its place in the structurally changing Georgian society.Item Przedsiębiorstwo publiczne w ujęciu teorii praw własnościowych(Wydział Prawa i Administracji UAM, 1996) Tittenbrun, JacekOn the basis of its main theoretical premise: that the form of ownership makes a difference for economic performance because its imposes a system of ownership-specific incentives, the property rights theory argues that the fundamental difference in ownership rights between the public and private sectors lies in the inability of a public owner to sell his share of public ownership, and, consequently, the relationship between one person's wealth and his activities is much weaker under public ownership. As a consequence, the incentive of any individual public owner to monitor the behaviour of decision makers in public enterprises is weaker as compared with the incentive in private firms. The dissipation of value through slack attention and other job-related perks is therefore a characteristic phenomenon in the public sector. In addition, efficiency incentives for public enterprise managers are bound to be feeble due to the difficulty in linking their compensation to financial performance. However, there is little evidence to suggest a correlation between share prices and performance of companies. The argument of the property rights theory bases on the role of the capital market. In a number of highly successful, advanced market economies (such as Japan or Germany), however, both the stock market and the mechanism of hostile takeovers play a relatively minor role as instruments of monitoring the managers by shareholders. These models of market economy are not far from the model of efficient bureaucratic control exercised by the state. More broadly, it might be argued that separation of ownership from control (and management) is just as advanced in largely privately owned corporations as in public enterprises.Item Rodziny emerytów i rencistów na Górnym Śląsku w sytuacji społecznego ubóstwa(Wydział Prawa i Administracji UAM, 1996) Radziewicz-Winnicki, AndrzejThe article attempts to present the situation of pensioners and retired employees inhabiting the complex of cities in the Industrial Region of Górny Śląsk (Upper Silesia). The inquiry presented, based on empirical studies conducted in the years 1993 -1995 among 745 respondents, constitutes one of the first endeavours in Poland to describe the social aspects of coping with the difficulties of everyday life by pensioners and retired employees within the context of widening social poverty.Item Sprawozdania i informacje RPEiS 58(3), 1996(Wydział Prawa i Administracji UAM, 1996)Item Przegląd piśmiennictwa RPEiS 58(3), 1996(Wydział Prawa i Administracji UAM, 1996)