Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1991, nr 3
Permanent URI for this collection
Browse
Recent Submissions
Item Item Sądownictwo administracyjne lat dziewięćdziesiątych(1991) Janowicz, ZbigniewProper understanding of the nature and developmental tendencies of general administrative courts requires a retrospect view, reaching to the pre-war period. Despite the absence of administrative courts from the Polish scene for over forty years, there is undoubtedly a certain consistent developmental line. Namely, the dratfs of administrative courts legislation from 1958 and 1972 clearly referred to the Acts on the Supreme Administrative Tribunal; the same Acts had great influence on the Law of 31 January 1980 on the Chief Administrative Court. The author characterises the organisation and the scope of activity of the Chief Administrative Tribunal. Then he presents the amendments introduced in 1990, in particular the widening of ratione materiae jurisdiction (a general clause with very few exceptions) and granting to that Tribunal the powers resulting from the emergence of local self-government (i.a. judicial control of acts connected with the execution by state authorities of supervision over local self-government, settlement of competence disputes between local self-government and central state administration organs). In the final part of his article the author investigates developmental prospects of administrative courts and the provisions of the future Constitution.Item Interpretacja a konkretyzacja obowiązków na przykładzie prawa podatkowego(1991) Bator, AndrzejThe article attempts to determine, on the example of tax law, the role played by interpretation and concrétisation in the process of defining legal duties. Using theoretical constructs of a substantive norm, a competence norm and a so-called decision rule, the author reconstructs each of the above types of norms from the provisions of tax legislation. A tax-law substantive norm determines in a general way the contents of a duty. A tax-law competence norm actualises this duty through conventional acts, the undertaking of which is the element of the situation provided for in the scope of application of this norm. Such an actualisation is always accompanied by the concretisation of the contents of a duty defined in the substantive norm. In turn, a decision rule regulates a technical and operative side of the concrétisation of a duty. Defining the relation between interpretation and concrétisation the author comes to the conclusion that in tax law a basic role is played by concrétisation. Interpretation is limited by the characteristic features (measurability) of terminology appearing in tax legislation.Item Przynależność do majątków małżonków udziału w spółce z ograniczoną odpowiedzialnością i akcji(1991) Dyoniak, AndrzejAmong various rights vested in parties to a commercial partnership only the rights of a property character may be considered the elements of the property of the spouses. The author is of the opinion that a share in a limited liability company and a share in a joint stock company should be included into the community property, unless Art. 33 of the Family and Guardianship Code states otherwise. If the partnership contract has been concluded by one of the spouses, the other spouse is not a partner and may not claim dividend. However, that other spouse may participate in such dividend through his or her joint right to the common property. A share in a joint-stock company may be alienated without the consent of the other spouse. However, the transfer of a share in a limited liability company may be considered a transaction exceeding ordinary management of the common Property, if the value of such a share, assessed from the point of view of a financial situation of a given family, is considerable. In present economic conditions it would be advisable to adopt the objective conception of transactions exceeding ordinary management of the common property.Item Państwo a samorząd lokalny w Finlandii(1991) Niemivuo, MattiThe article contains a synthetical presentation of the development of self- -government structures in Finland since the date of Finland's independence. Particular attention is paid to the relation between the state administration and local government in the light of recent legislative developments in Finland.Item Kontrola klauzuli odpowiedzialności odszkodowawczej w obrocie gospodarczym(1991) Napierała, JacekIn the process of contracting, autonomous corporate bodies take into account not only the value of their respective performances but also the distribution of risk of non-performance of their obligations. Among legal provisions regulating the contents of a competence norm of great importance is the principle of freedom of contract. It is connected with a postulate addressed to the legislator to use dispositive legal norms when determining the consequences of non-performance of obligations. The scope of freedom to shape the contents of liability clauses is determined by ius cogens on the one hand, and by institutions designed to verify such clauses on the other hand. To such institutions belong the norms contained in the Act on Counteracting Monopolistic Practices of 24 February 1990 (Official Gazette 1990, No. 14, item 88) and the norms referring to the principles of social coexistence and socio-economic purpose of a right. When applying the Act on Counteracting Monopolistic Practices one has to determine in what situations contractual liability clauses may be qualified as ''monopolistic practices" and in what way the balance between the interests of the parties may be restored. In turn, when referring to the general clauses of principles of social coexistence and socio- -economic purpose of a right one should bear in mind that the control must be in agreement with the model of market economy.Item Pojęcie gospodarstwa rolnego według kodeksu cywilnego (rozważania na tle art. 55 3 k.c(1991) Budzinowski, RomanThe article investigates the concept of agricultural real estate according to Art. 553 of the Civil Code. In particular, the author poses the question to what extent this concept corresponds with the requirements of modern agriculture. Three issues have been analysed in detail: the legal structure of an agricultural real estate, the basis of unity of components arranged into an agricultural real estate and the legal qualification and functions of particular material components of an agricultural real estate. The author concludes that the legislator does not treat an agricultural real estate as a unit of ownership only, but approaches this issue from the objective angle. For the time being, such an approach may be considered sufficient. However, in the future there may appear the neeed to pay more attention to functional aspects of an agricultural real estate, and thus the reference to the economic category of an agricultural real estate may prove necessary. At present, the concept of an agricultural productive unit assumes the presence of agricultural land. This is why the Civil Code provisions on agricultural real estates are not applicable to agricultural productive units that do not have such land. The author postulates to amend the Code provisions adequately.Item Aktywność gospodarcza przedsiębiorstw w Polsce w świetle badań metodą tekstu koniunkturalnego(1991) Przybylska-Kapuścińska, WiesławaThe article indicates that the privatisation of Polish economy is accompanied by the growing importance of research into the economic activity of enterprises. The author points to the causes of the growing role of qualitative research in a transient economy. Such research results from: 1) the necessity to obtain particular information allowing to formulate quick diagnoses and short-term prognoses; 2) an increased risk and uncertainty of functioning of enterprises; 3) a reduced role of traditional quantitative statistics, in consequence of a devoloped demand from the central government for information concerning decisions taken at a microeconomic level necessary to formulate a macroeconomic strategy. In conditions of a transient economy the research into the economic activity of enterprises by means of the business survey mehod may not copy automatically the patterns adopted in a fully developed market economy. The purpose of the article is to indicate which of the measures of the economic situation are the most adequate and suitable for the structure of the Polish economy and for the economic and ownership transformations taking place in Poland.Item Wspieranie działalności małych i średnich przedsiębiorstw w Niemczech(1991) Sojkin, Bogdan; Urbanowska-Sojkin, ElżbietaThe article presents basic issues of functioning of small and medium enterprises in Germany. Special attention is paid to crediting and consulting. The authors discuss levels and forms of credit offered to small and medium companies and present institutions that implement various credit programmes. The authors also discuss the issues connected with consulting as well as with research and development programmes. All issues are illustrated with recent statistical data.Item System własności pracowniczej w procesach prywatyzacji(1991) Morawski, Mieczysław; Wnęk, ZdzisławEmployee ownership is one of the forms of privatisation. However, in our opinion is it underestimated in Poland. In other countries, e.g. in the United States, employee ownership is used to promote further evolution of the capitalistic way of production. It brings enormous material and non-material profits to employees, companies and to mutual trust funds. High efficiency of this method of ownership changes is also possible due to a very good institutional organisation and a positive attitude of tax authorities, equipped with tax mechanisms designed specially for that form of ownership. Presenting ESOP we hope that this form of ownership changes has already got many advocates in Poland. We are of the opinion that ESOP must find wider recognition in legislation connected with the privatisation process.Item Klasyczne i nieklasyczne podejście w ekonometrii(1991) Guzik, BogusławThe article characterises two basic approaches to econometric modelling and prognosing: a classical and non-classical approach. The former assumes that the relation between an explained variable and explanatory variables is stable in a class of possible values of analysed variables. In turn, according to the latter approach the change of this relation may take place "every now and then" (a so-called segment hypothesis) or 'at every moment" (a sol-called local hypothesis). On the background of advantages and disadvantages of the classical approach the author characterises main advantages of non classical approach. The author undertakes to determine circumstances responsible for the emergence of a segment course of socio-economic phenomena and gives adequate empirical examples concerning the Polish economy. The main thesis of the article is the following: relations in the sphere of socio-economic phenomena are very often nonclassical. Therefore, it is necessary to give up a traditional and convenient classical approach and to turn to a non- -classical approach, and especially to a segment approach.Item Analiza współzależności międzygałęziowych za pomocą metodologii strukturalnej(1991) Gazon, JulesItem Instytucjonalizacja, dezinstytucjonalizacja a zmiana społeczna(1991) Malikowski, MarianThe article discusses the processes of institutionalization of social life in Poland and places them in a context of a social change. It starts with terminological problems, then it presents various platforms of the institutionalisation process, sketches the institutionalization process of social life with respect to public institutions appointed by the State and, finally, shows various possible institutional changes and their consequences. Main theses of the article are the following: 1. The institutionalisation process in the Polish People's Republic was political in character; it was aimed at authoritative regulation of its maximum range in a public sphere. It was subordinated to the interests of the authorities and it was meant to reinforce their position. 2. While public life was overly institutionalised, the institutions functioned inefficiently. At the same time some social needs did not find their institutional expression (e.g. political, economic and cultural needs). 3. At present, it is necessary to disinstitutionalise some spheres of social life (liquidation of many institutions, change of the existing institutions, creation of new institutions). 4. The above process may not be entirely spontaneous; some changes must be implemented by the State authorities.Item Wizerunki kandydatów w wyborach prezydenckich 1990(1991) Chmara, MichałThe research into the images of candidates in voters' consciousness and into the characteristics of constituencies supporting those candidates in the first round of the 1990 Presidential election was conducted, by means of the "captive audience" questionnaire, in February/March 1991 on a nonprobabilistic sample of 91 extramural students of A. Mickiewicz University. The respondents were young teachers and clerks resident in Poznań and in Wielkopolska region. The questionnaire contained open questions concerning the evaluation of the candidates and 10 general, graphic, discreet and 7-grade evaluation scales used in C. Osgood's semantic differential. In comparison with the all-Polish electorate, the respondents were more often in favour of Mazowiecki and Cimoszewicz and less often in favour of Wałęsa and Tymiński. The research allowed to distinguish the following groupings of electorates: 1. the constituencies of Mazowiecki and Cimoszewicz and those who abstained from voting in both rounds; 2. the constituency of Tymiński; 3. the constituency of Wałęsa. Besides, the research pointed out to the similarities between the images of: 1. Mazowiecki, Cimoszewicz and Bartoszcze; 2. Wałęsa, Moczulski and Tymiński, especially if the arrangement of measures of potency, activity and valuation is replaced with the arrangement of measures of kindliness, truthfulness and efficiency (potency and activity). A cumulative index of the latter measures functioned as the indicator of the voters' preference.Item Edukacyjne konteksty migracji(1991) Przyszczypkowski, KazimierzThe right to a free choice of the place of residence and the right to free migration belong to the catalogue of important human rights. From the point of view of the individual, the change of residence in consequence of migration has not always been and still is not the best means of advancement towards increased autonomy and towards higher cultural competence. The research conducted among migrants resident in Poznań showed that in their previous places of residence (villages, small towns) the migrants encountered the problems of lack of sense, values and motivation ("way of life"). Such attitudes are in most cases the consequence of inadequacy of models of participating in culture implemented by educational systems. Also in their new environment the migrants prefer forms of education that do not require much intellectual effort and social roles that do not require high qualifications. The migrants usually accept the state of "justified inequality'' and are aware of the discrepancy between their own cultural incompetence and cultural programmes offered by various educational institutions in a big town.Item