Rękojmia prawidłowego wykonywania działalności koncesjonowanej – zarys problematyki
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Date
2013
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
Guarantee of proper performance of economic activity under concession – outline of main issues
Abstract
Description
The provisions of Art. 50 point 2 and Art. 52 para. 1 of the Act of 2 July 2004 on
the freedom of economic activity refer to the “guarantee of proper performance of
activity under concession” without determining, however, what such guarantee
should really contain.
This paper is an attempt to establish the meaning of the above term and this
will be made based on other acts regulating activities under concession. It will also
determine whether the provision of a guarantee of proper performance of an activity
under concession is identical with the satisfaction of the requirements needed to be
fulfi lled in order to obtain a concession.
Consequently, an analysis of the provisions of different acts regulating specifi c
matters determining the conditions necessary to be met in order to conduct an
economic activity has been made, including the provisions of other acts in which
a concept of a “guarantee of proper performance of economic activity” has been used.
The above analysis allows to draw a conclusion that the granting of a guarantee
of proper performance of activity under concession cannot be treated as satisfying
the requirements of conducting economic activity, otherwise each entrepreneur satisfying
the requirements of needed to conduct economic activity would be regarded
as also giving a guarantee of proper performance. What is more, giving a guarantee
of proper performance does not apply to activities under concession only. However,
guarantees of proper performance in other types of economic activity are rare. Giving
a guarantee of proper performance of activity under concession means guaranteeing
that the activity will also be properly performed in the future. A characteristic feature
of an activity conducted under concession is that the future is predicted based
on the actual state of affairs ascertaining satisfaction of the requirements of proper
performance of an economic activity.
Deliberations on a guarantee of proper performance of economic activity may
be carried out in the context of a guarantee of proper performance of a given profession.
This is done in the second part of the paper. However, it must be noted that
not all elements identifi ed in judicial decisions as those constituting a guarantee of
proper performance of a profession, may be directly referred to when it comes to
the performance of an economic activity. Professional ethic or the moral qualities of
an entrepreneur may not constitute a premise indicating the absence of a guarantee
of proper performance of a concession activity.
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Keywords
guarantee, unspecifi ed juridical notion, concession activity, prediction of a decision to obtain a concession, conditions of performance of economic activity under concession
Citation
Studia Prawa Publicznego, 2013, Nr 4, s. 81-106
ISBN
978-83-232-2695-6