Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1993, nr 4

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    Spis treści RPEiS 55(4), 1993
    (Wydział Prawa i Administracji UAM, 1993)
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    Teoria konstytucji w świetle pozytywizmu instytucjonalnego
    (Wydział Prawa i Administracji UAM, 1993) Weinberger, Ota
    The author, founder (along with McCormick) of the conception of legal institutional positivism, considers the application of this approach to the explanation of some basic problems of t h e theory of constitution. In his considerations the author undertakes an "endurance test" of the application of institutional positivism to the analysis of selected problems of specialized legal disciplines.
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    Konsekwencje wadliwości aktów normatywnych w polskim systemie prawnym
    (Wydział Prawa i Administracji UAM, 1993) Naleziński, Bogumił; Wojtyczek, Krzysztof
    The authors present a typology of various legal defects of legislative acts and the consequences of such imperfections for the binding character of the norms contained in the provisions of said acts. In particular, the authors present certain types of control procedures laid down for specified kinds of law-making acts in the Polish legal system.
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    Prawotwórcza rola orzecznictwa Naczelnego Sądu Administracyjnego w sprawach podatkowych
    (Wydział Prawa i Administracji UAM, 1993) Małecki, Jerzy
    The problems of "unwritten legal sources" was overlooked in the Polish legal scholarship during the period of real socialism. This was i.a. due to ideological reasons. Currently the assertion that the Supreme Administrative Court makes no law, but only applies the written law is increasingly dubious. The recognition of the law-making role of an administrative court's case-law does not mean that a judge is not bound by the written law. Nonetheless, he is obliged to control tax law from the "lex falsa lex non est" standpoint. The law-making role of the Supreme Administrative Court's case-law takes various forms, which consist i.a. in: the refusal to apply legislative acts in case of their incompatibility with the constitution and/or statutes; enacting precedents; ruling on the validity of the local self-government's tax legislation; the impact of case-law on the practice of applying tax law.
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    Tworzenie a stanowienie i stosowanie prawa
    (Wydział Prawa i Administracji UAM, 1993) Ziembiński, Zygmunt
    Even in the continental legal systems the process of law-making and that of applying the law are difficult to distinguish in certain border cases. This results i.a. in numerous discussions as to the "law-making" role or function of court judgments. This article attempts at explaining in what situations rules of legal construction (rules of interpretation and rules of inference) which are permissible in a "rule of law" state, allow to introduce certain creative elements into the process of exegesis of t he enacted legal provisions; a condition that would justify attributing a law-making nature to the acts of applying the law. Some particularly significant problems are connected with the radical changes of the ideological assumptions accepted as the basis for the construction of some older legal texts.
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    Legitymacja prawna KRN
    (Wydział Prawa i Administracji UAM, 1993) Wawak, Zbigniew
    The author undertakes a consideration of: 1) the socio-ideologica1 bases, 2) the formally legal foundation, 3) the justification under international public law of t he activities of t h e Home National Council (KRN), an organ created by the communists in 1944 as a counterweight for the Government- in-Exile of the Republic of Poland in Great Britain (the recognition of which was revoked by the Allies as a result of the Yalta agreement). The problem of the legal legitimacy of the KRN matters for t h e assessment of the legal continuity of t he Polish state.
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    Definicja terroryzmu międzynarodowego
    (Wydział Prawa i Administracji UAM, 1993) Michalus, Jacek L.
    The article's content is connected with the several-decade-old attempts to elaborate a definition of international terrorism to be commonly accepted by the international community. Statistical data concerning international terrorism are presented and the history of international law actions aiming at a convention on preventing and combatting international terrorism are described. The attention is, however, primarily focused on questions directly related to the definition of international terrorism. The scope of the phenomenon is discussed in detail both from the subject- related and the object-related viewpoints, and so are the elements constitutive of its international nature. The matter of the impact of the perpetrators' motives on the qualification of their acts is also considered.
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    Odpowiedzialność odszkodowawcza sprzedawcy w świetle postanowień Konwencji Wiedeńskiej
    (Wydział Prawa i Administracji UAM, 1993) Napierała, Jacek
    The structure of the obligational relationship under the Convention is described as conforming to the warranty model since: (a) while entering into an agreement the debtor promises that the result described in said obligational relationship will be obtained; (b) the absence of such result renders effective "the duty of liability" (Einstandpflicht) - binding on the parties since the conclusion of an agreement. The warranty promise shapes the construction of liability in two aspects. First, it designates the method of satisfying the creditor's infringed interest (the primary instrument under the Convention is the claim for performance). Secondly, it influences the premises of the coming into effect of the discussed liability in such a way that: (1) the breach of contract encompasses any infringements of the obligation; (2) it is not necessary that a faulty infringement of the obligation by the debtor be its premise; (3) it justifies the consideration of the protection of t h e debtor's interests through a limitation of the scope of the damage subject to compensation. The claim for compensation is vested apart from other sanctions. This is understood in various ways. First, as the underlining of the fact that the claim for compensation applies in conjunction and not in the alternative with other sanctions. Secondly, as the justification of the subsidiary nature of compensation (understood as either complementing or replacing other sanctions). Thirdly, as the underlining of the interdependence expressed in the fact that compensation can be sought in conjunction with another sanction. In the conclusion the institutions of Polish law having counterparts in the Convention are designated.
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    Metody oceny zagrożenia bankructwem-podejście pragmatyczne
    (Wydział Prawa i Administracji UAM, 1993) Letza, Steve; Kowalski, Tadeusz
    The subject-matter of t h e study are pragmatic approaches to the examination of bankruptcy risks. In particular, the study presents the development of the application of ratio analysis and of econometric methods for forecasting and identifying the most significant symptoms predicting the loss of liquidity and, consequently, the bankruptcy of a firm. The study comprises also a table containing financial indicators for British firms in various sectors. They may constitute a point of reference for the Polish manufacturing sector.
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    Zmiany postaw menadżerskich w gospodarce okresu transformacji
    (Wydział Prawa i Administracji UAM, 1993) Przybylska-Kapuścińska, Wiesława
    The increase in the degree of uncertainty and risks in the functioning of economic agents in the conditions of the transformation period brings about difficulties in formulating appropriate assessments of the economic situation. These difficulties are aggravated by the reduced scope of the enterprises' obligatory reporting. In the economy of the transformation period the method of conjuncture test is of special significance, and constitutes an additional source of qualitative information. The analysis of its results allows to determine the general image of the economic situation and, in addition, permits to demonstrate enterprises' capacity of adaptation to new system conditions. The adaptation of enterprises to the market game conditions is here analysed on the basis of the quahtative indicators of the economic conjuncture relating to the shaping and the forecasting of demand and production volume by economic agents in manufacturing industry. Additionally, the analysis covers the changes in investment and non-investment projects that aim at invigorating the economy and overcoming the persisting economic recession.
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    Podstawowe przyczyny narastania deficytu i pogłębiania kryzysu mieszkaniowego w Polsce
    (Wydział Prawa i Administracji UAM, 1993) Frąckowiak, Marian
    The study contains an analysis and a critical assessment of the opinions indicating as the main reasons of the deepening crisis of Polish building and housing economy: the housing policy of the People's Republic of Poland, the absence of the market mechanism in this sector of the economy, the dynamic and the level of t he economic growth. The author proves that the main reasons of this dangerous phenomena are: the incoherence of the functioning system of housing economy and its incompatibility with the system of national economy.
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    Kompensacja szkód losowych w gospodarce rynkowej
    (Wydział Prawa i Administracji UAM, 1993) Łańcucki, Jerzy
    The aim of t he study is to describe the main sources and methods of fortuitous loss compensation in the Polish economy. First, a description is given to the socio-economic importance of business insurance, an instrument created intentionally to perform insurance protection. The analysis of insurance services concerns both the nature and the forms of their performance, as well as their connection with the whole sector of services. The links between the objectives and the motives of an insurance company's operation are described. These links are presented with regard to the two main forms of performing insurance services: an insurance join-stock company and a mutual insurance company. In the further part of the study non-insurance sources of covering fortuitous losses are described. Such potential sources comprise budgetary funds and the funds owned by economic operators: state-owned enterprises, co-operatives and commercial companies. The analysis of insurance and non-insurance sources of fortuitous loss compensation permitted to formulate a more general conclusion that fortuitous losses, provided that they relate to insurable risks, should be covered primarily from the funds of insurance institutions.
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    Determinanty zmian strukturalnych gospodarki żywnościowej w Polsce
    (Wydział Prawa i Administracji UAM, 1993) Wojciechowska-Ratajczak, Bogumiła
    The study makes an attempt to designate the directions of the structural changes in the food economy at the stage of its "marketization", as well as the economic determinants of such changes. A theoretic and empiric analysis demonstrated that the Polish food economy is characterized by the traditional, low-efficiency branch structure which creates serious obstacles to an adaptation to the requirements of the modern market. Agriculture requires particularly profound and diversified structural transformations such as the reduction of employment and the growth of labour productivity and, consequently, improvements in the economic standing and in the competitive force on the market. The foregoing requires productivity-oriented structural and systemic changes in the economic environment of agriculture, particularly in medium— and small-sized food industries, industries manufacturing production means for agriculture and in food industry, as well as in the social and economic infrastructure of the countryside. The processes of structural transformation of the food economy should be supported by state intervention policies. The main directions of the structural intervention are the creation of favourable administrative and legal conditions and an economic support for any operators creating additional jobs and sources of income for the farming population.
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    Technologiczne uwarunkowania ekorozwoju
    (Wydział Prawa i Administracji UAM, 1993) Parysek, Jerzy J.
    Among the conceptions of socio-economic development earning currently greater credit, ecological approaches (sustainable development or eco-development) play an important role. The implementation of such formulas and their effective exploitation is possible solely after the fulfilment of certain conditions in various spheres of social life. An especially important role is played here by the technological determinants of eco-development. The study makes an attempt to prove that certain technological solutions, whose application may improve a broadly understood human life environment, are a key to eco-development. The technological progress will only be effective if (along with certain benefits for the environment) it brings about improvement in manufacturing processes, production costs reduction, improvement in an average man's living conditions and if it obtains political and social acceptance (cf. P. Larvor, 1991). The acceptance of pro-ecological technological solutions seems particularly important since it may bring about diversified results depending on time and space, results that may also affect to various extent the environment's quality and the population's living conditions. With regard to space, eco-development in its technological aspects should take into account: certain location regulations, environment monitoring, pro-ecological norms and standards, legal regulations and an efficient control system (cf. E. Gerelli, 1991). Eco-development requires, however, financial means which are a requisite of both scientific progress, necessary to find and apply new technological solutions, and of technological progress making tools and solutions available for new technologies. For these reasons, eco-development in Polish conditions, given the poor financial standing of the state and of local government entities, seems to be a slow process with remote results, yet a process that needs to be started soon and in the fullest extent possible.
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    Polacy wobec transformacji systemowej. Refleksje po wyborach parlamentarnych 19 września 1993 r.
    (Wydział Prawa i Administracji UAM, 1993) Ziółkowski, Marek; Drozdowski, Rafał
    The results of the parliamentary elections of September 1993 mark the end of a certain phase of the system transformation process started in 1989. These results are analysed at two different levels: (1) t h e distribution of the popular voltes which reflects a growing societal apprehension of the social consequences of t he transformation, which resulted in a visible but not dramatic shift of the political attitudes to the left; (2) the final outcome of the elections i.e. the distribution of parliamentary seats which reflects not so much the electoral behaviour of the society as the electoral mistakes of the political elites of the post-Solidarity parties.
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    Przegląd piśmiennictwa RPEiS 55(4), 1993
    (Wydział Prawa i Administracji UAM, 1993)
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    Sprawozdania i informacje RPEiS 55(4), 1993
    (Wydział Prawa i Administracji UAM, 1993)
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    Nekrologi RPEiS 55(4), 1993
    (Wydział Prawa i Administracji UAM, 1993)