Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 2
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Item Spis treści RPEiS 47(2), 1985(Wydział Prawa i Administracji UAM, 1985)Item Uzależnienie osób prawnych w ich szerszej wspólnej organizacji(Wydział Prawa i Administracji UAM, 1985) Grzybowski, StefanThe article dwells on a problem of interdependence of legal persons in their wider common organization and of determining basic research directions in that scope. The author is stating reasons for specifying all situations of dependence of legal persons as a self-contained research subject. In his opinion the fact of „dependence" should not be linked with any particular type (construction) of a dependent legal person as a specific character of a relation between legal persons is of a crucial meaning in that context. Besides, it is not advisable to attempt at formulating a uniform notion in that aspect for all discussed phenomena, instead, all particular situations ought to be differentiated in accordance to their selected and characteristic traits to form separate groups. The Autor advocates to include legal status of subjects of these relations, as well as their specific character and matter in the premises of the concept of relation of "interdependence" of legal persons in their wider common organization. Consequently the "structures" i.e. situations (sets of situations) of the same basic character and of the same basic matter, capable to differentiate them from the remaining structures should be analysed.Item Ubezpieczenia gospodarcze w nowym ujęciu legislacyjnym(Wydział Prawa i Administracji UAM, 1985) Wąsiewicz, AndrzejThe article concerns a new regulation and changes in economic insurances introduced by the new Property and Personal Insurance Act of September 20, 1984 adopted by the Polish Seym (Dziennik Ustaw nr 45, sec. 242). The present Act revoked the former regulation, the Act of December 2, 1958 which has been in power for 26 years. The present Act regulates the whole complex of property and personal insurances, both statutory and contractual (not abolishing of course the provisions of the Civil Code on contracts of insurance- art. 805 et seq.). A legal relation of insurance has always the civil law character in spite of the fact that the Act provides the formation of the relation by means of two sources i.e. the Act and contracts. The Act specifies all statutory insurances (there are nine of them), in consequence their number and types can not be altered by means of implementing regulations. Relaxation of the legal insurance monopoly by the statutory provisions is the essential novelty. The Act provides for the creation of new insurance associations: State owned, cooperative or private partnerships apart from presently operating insurance administrations (The State Insurance Administration and The Insurance and Reinsuirance Company "Warta" SA). Various statutory provisions are concerning a financial regulation of the State insurance offices. Apart of presenting the above questions, the article dwells upon new statutory regulation of raising insurance claims, limitations of insurance claims and changes in the Civil Code provisions. A number of the latter has been altered namely art. art. 808, 819, 827, 828 in context of provisions of the new Act.Item Znaczenie grupowych ubezpieczeń życiowych dla materialnego bytu rodziny(Wydział Prawa i Administracji UAM, 1985) Nowak, StanisławThe demand on material means indispensable to compensate effects of fortuitous events can be directed to various sources of compensation. A particular possibility of such compensation is created by property and personal economic insurances. Personal group insurances, including group family life insurances deserve the special attention in that group of insurances. They serve to cover material needs effected by illness, loss of a capacity to earn and loss of a principal earner. In that way they can substantially contribute to social security payments. They belong to the most popular and reckoned economic insurances. Their dynamic development since 1954 has reached the stage of almost total commonness among employees of the social sector of economy, eg. approximately 11.6 mln of persons were covered by that insurance for total of 12 mln of the social sector workers in 1980. The attempt at estimating the effectiveness of group life insurances cannot be an easy task as both in the insurance practice and theory there are no unmistakable indices defining that effectiveness in relation to social and economic spheres. If we adopt that a function of the discussed life insurances is to institute the immediate aid to family of a deceased worker or in case of death of co-insured family members then the effects of that insurance aid can be observed by comparing costs incurred by family effected by an unfortunate fortituous event (death of a family member) and indispensable expenses for maintaining the present living standard with a lump sum of benefits gained within the schedule of social and economic insurances. Under those conditions, a level of effectiveness of life insuarance will be related to the sum insured of both the principal insured and others insured. The insurance office has to follow socio-economic changes, eg. inflationary processes observed recently and adjust sums insured to the raising costs. In that way taking out insurances with top sums insured can cover the above mentioned expenses. The previous insurance practice indicates at indispensability of conducting research by insurers on the effect of those processes on the effectiveness of insurance protection and particularly at ascertaining interrelations and indices to make the level of insurance protection follow the changing socio-economic conditions of family existence.Item Sytuacja prawna członków zarządu spółdzielni w świetle prawa spółdzielczego(Wydział Prawa i Administracji UAM, 1985) Niedbała, ZdzisławThe new cooperative law of 1982 is strengthening principles of self-government and independence of cooperatives to considerably higher degree than the former act of 1961. It is particularly visible in regulations concerning cooperative organs. All those, with the exception of general meeting, of course, are elected and are operating collegiately. Board of cooperative has a particular function assigned. It is directing the operation of cooperative and represets it outside. It is vested with all the competence which has not been assigned to other cooperative organs in the Act or cooperative statute. That wide scope of tasks and competence calls not only for a precise definition of a board role as a collegiate organ but also of a role of its members. Respecting the principle of the collegiate board, cooperative law is individually treating the legal status of its members. It is manifested in the folkowing legal solutions: — a competent cooperative organ is not electing a board, but its members, specifying at the same time their positions i.e. the chairman of the board and co-chairmans, — a board cannot be called off as a cooperative organ, it is its particular members who are in a position of being recalled, — the general meeting is voting acceptance of accounts individually for every member of a board, — a particular board member can be suspended in his activities by a board of supervisors, — board members are personally responsible for their actions and omissions causing damage to a cooperative. The above circumstances which individualize a legal status of board members result in exposition of bonds of collegiality and one man management in the process of managing cooperative activities. It can be particularly visible in large cooperatives, operating in a wide range. It is also observed in instituting a post of a manager of current operation of cooperative in the new cooperative law. Such institution was not provided by previous cooperative acts of 1920 and 1961. The managerial post is usually offered to a board member, usually to a chairman. With that moment he becomes vested with a competence of a sole manager of establishment within a meaning of Labor Code.Item Rady pracownicze w centralach i oddziałach banków — udział pracowników banków w zarządzaniu(Wydział Prawa i Administracji UAM, 1985) Sowiński, RomanParticipation of workers of head and branch offices of banks in decision making as regards matters concerning their banks is separately regulated according to art. 48 of The Self Government of State Enterprise Workers Act. of September 25, 1981. It was legislated in art. 88 of The Banking Law Act of February 26, 1982 and in the Decree of the Council of Ministers of February 10, on the election of and principles of operation of workers' councils in head and branch offices of banks. This regulation varies from the regulation of self-government of State enterprise Workers on account of its formal character and matter. The differences regard the organizational structure, character and types of competence, forms of activity as well as protection of the workers right to participate in decision making processes. The following questions seem essential: 1. Banking law and the above cited Decree provide only a one type of organ that is a workers' council numbering 9-11 members in the head offices and 3-9 members in the branch offices. 2. Upon regulating competence of workers' councils in the banks, the Decree leaves them only vested with competence to make motions and act within advisory scope. 3. Responsibilty of a bank chairmen or a director before the workers and their organs is not provided. There are consequently no elements manifesting self- -governing character of a bank as an organizational unit and indicating at the workers as a subject to participate in a decisionmaking process in the interrelations between a bank organ and organ of workers' self-government. 4. The regulation of status and operation of workers councils in banks does not include provisions on a protection of labor relation of members of those organs.5. Provisions of Banking Law and of the cited Decree fail to formulate the principle of independence of workers councils of banks from the State administration organs. These and other divergences quoted in the article are convincing on specific features of workers councils in banks as compared with the institution of State enterprise workers self-government regulated in the relevant act. Consequently, provisions of Banking Law and of the Decree of Council of Ministers cannot be recognized as executing art. 48 of the Workers Self-Government Act having of course established that banks are the enterprises within a meaning of both Acts of September 25, 1981. If however we adopt that banks are not the enterprises, then the Banking Law regulation must be recognized as a self-contained source of right of bank workers to participate in decision making regarding those institutions. Apart of formal obstacles, the others can be quoted which prevent recognition of bank workers councils as a form of selfgovernment as in case of enterprises: 1) lack of competence to lay down rules, 2) no possibility for bank workers to participate directly in decision making, 3) no possibility for „self-definition" as e.g. in a form of statute, 4) no independence of bank workers' councils from the State administration 5) impossibility to recognize any bank workers council as an organ representing the whole body of workers, 6) undertaking activity in a result of motions originating from outside. In that state of affairs the participation of workers in banks approaches; a form of consultation. It is resulted by priorities assigned by the legislator to structural and functional elements related to position of bank in the economy, before the recognition of subject status of workers employed in banksItem Propozycje zmian uregulowania warunkowego przedterminowego zwolnienia z odbywania kary(Wydział Prawa i Administracji UAM, 1985) Tobis, AleksanderThe article on propositions of changes in a regulation of conditional release from serving the full sentence dwells on the more substantial propositions of changing the relevant provisions of the Penal Code and Punishment Execution Code. The project of amendments was published by the Commission of the Ministry of Justice in 1981. The article concerns specifically the grounds of applying the conditional release, minimum limits of serving a sentence, persional range in applying that institution, substitutive penalty and conditional release of recidivists. The article postulates different propositions of wording of art. 90 of the penal Code, modifying minimum periods of serving a sentence, certain new rights to be granted to penal institutions administration and relates to the remaining problems.Item Stanowienie prawa lokalnego poza radami narodowymi(Wydział Prawa i Administracji UAM, 1985) Godecki, ZbigniewSome local organs of the State administration aside from the Peoples' Councils system (e.g. organs of marine administration and inland navigation) are vested with competence to enact generally binding regulations on a territory of cognizance of relevant Peoples' Councils. Consequently, art. 75 of The Act of System of Peoples' Councils and Territorial Self-Government of July 20, 1983 (Dz. U. nr 41, sec. 185) requires that enacting those provisions be consulted with the presidium of a competent Peoples' Council of a basal level. Primarily on account of a type of matters regulated by the — provisions instituted by the said organs (safety of navigation, sea fishery, using sea and river ports, professional skills of seafarers and fishermen etc.), any justification can hardly be found for art. 75 of the said Act. The odds are that consulting drafts of legal acts of these organs by presidis of Peoples' Councils would become a mere fiction to satisfy requirements of art. 75 of the Act. The same provision is not indispensable to secure a role of "master of the land" to Peoples' Councils although it has been thought that way. In all cases when Peoples' Councils can have a legitimate interest in contents of a regulation to be enacted by local organs not subordinated to them, the consulting procedure to be performed by defined organs of the Councils (presidia, commissions should be provided by provisions vesting the specific organs aside from the Peoples' Councils system with a competence to enact law.Item Polityka finansowa państwa wobec rodziny (wybrane zagadnienia)(Wydział Prawa i Administracji UAM, 1985) Gomułowicz, AndrzejA social differentiation of families in Poland is effected i.a. by the decrease of real incomes, increase of prices, exhaustion of savings. Impossibility to maintain the previous levels of living standard, that is a drop in living standard, actualizes a problem of the State financial policies towards family. A State cannot fail in being engaged in any financial phenomena which can influence living conditions and a development of a society and by virtue of that, of a family. Instituting consciously a specific system of financial matters and shaping it into a form of policy, a State tends to realize certain socioeconomic tasks towards family. General goals of State policies in that aspect cannot be formed in the domain of finances, these can only create special tools to implement the said goals. As they cannot be the sole tools used by the State, they must be selected in order to be compatible with the effect of other means used. The effect of financial policies of State towards family has to be estimated in the context of ruling the level of its purchasing fund. It is ruled by the whole set of factors being interrelated e.g. earnings, social benefits, indirect taxes, direct taxes, payments, tarriffs, prices, credits and savings. It is significant that instruments of indirect intervention, instead of the direct one, formally concerning other subjects than a family are gaining a higher rank in the State financial policies towards family.Item Ochrona interesu majątkowego dziecka(Wydział Prawa i Administracji UAM, 1985) Sokołowski, TomaszCustody of child's property performed by its parents is considered to be a basic tool in protection of the child's property interest. The necessity of enacting exhaustive regulation of the said custody is seen presently in family law of the socialist States, although the means to solve that question differ from one State to another. Family and Guardianship Code regulates the custody problems within the institution of parental authority. It has to be performed by parents with a due care, with the aim to maintain the property in an undeteriorated state. In case of the faulty performance rights of parents can be limited by a guardianship court. Besides, the court should offer all his assistance to the parents in their executing of custody. Childs property in a broad is the object of the custody. A donor or testator can make a reservation that objects received by a child be managed by other person. If an assigned custodial is not able to exercise custody it is left to the judicial discretion whether a curator is to be established, or in specific cases, parents are to exercise the custody. The scope of ordinary management of child's property has to be iterpreted in a narrow way; any catalogs of transactions of ordinary management can only have an exemplary character. Upon disposing of income of Childs property, parents are expected to aim at fulfilling needs of child and family as indicated in the statute. Yet there is a possibility open for accumulating the surplus left. An adolescent child, i.e. the one who turned thirteen but is not mature yet can dispose independently of his broadly interpreted earnings. Parents can also give him, for unrestrained use, property objects included in child's property indispensably of their value if it can facilitate its gaining capacities for further management. By the same reason an adolescent child should participate in execution of management upon those objects which are in custody of the parents.Item Krótkoterminowe zwolnienia od pracy w celu sprawowania osobistej pieczy nad dzieckiem(Wydział Prawa i Administracji UAM, 1985) Trepiński, BogdanA review of labor law provisions from the point of view of a possibility of reconciling professional engagement and family obligations of parents became the leading thought of the work. It is an essential feature of labor relation that employee is obliged without exceptions for personal performance of work. Consequently the labor legislation has to take account of the situations when a worker can receive a short leave from his work place on account of socially justified needs. The following is analysed in turn: leaves for workers taking care of children up to 14 years of age, leaves in order to have a child receive vaccination as ordered by the organ of medical cervice and other leaves for settling important personal and family matters. Situations entitling to quardianship benefits and the related protection of stability of labor relation of a parent are also discussed. At the end, provisions on granting unpaid leaves and realizing rights to rest leaves are interpreted. The author also postulates adjustment of labor law provisions to obligations of a parent in a biologically incomplete family. Suggested directions must not be interpreted as an attempt at familiarizing labor law, but they have to be seen as specifying the workplace obligation to reveal care for fulfilling economic and social problems of the workers.Item Skłonność do innowacji a system ekonomiczny(Wydział Prawa i Administracji UAM, 1985) Wilczyński, WacławUpon ascertaining that there is no demand in economy for innovations the author analyses relations between propensity to innovations in enterprises and the adopted principles of functioning of the economy. The work quotes basic notions contributing to the contents of the external conditions of managing. It is indicated that unfortunate solutions concerning prices, profits and taxation are suppressing the innovational dynamics. Prices which are directly based on cost calculation in the production and accepting only it are the main reason for a slight interest in innovations. In that way there are no conditions to make money on innovations. There is no high surplus of effect over input. An important role in those shortcomings is played by the fact of understanding economy as a one giant multi-plant enterprise within which there are no conditions for optimalizing decisions coming from the ranks of the workers. The author points out at the obstacles present at this stage of the economic reform in Poland. These are: a) no changes in institutional structure in Poland and in functions of the central organs, b) the said misconceptions in price and profit interpretations, c) the pressure of egalitarian tendencies in payments.Item Społeczne i ekonomiczne podstawy reformy planowania(Wydział Prawa i Administracji UAM, 1985) Dąbrowski, ZdzisławThe article aims at presentation of the essential social and economic bases of the presently promoted reform of the planning system, the are to become its foundations according to numerous legal acts presently enacted. The issue is discussed against a certain requisite historical background in order to indicate at innovatory and progressive solutions of the present reform of planning and to maintain or refute several solutions introduced by the previous reforms. The article begins with a concise presentation of main goals and premises of the previous reforms and of the present one, what is reulted from incomplete execution of reformatory postulates which is not entirely in accordance with the adopted final solutions. The four basic canons are the core of the study. They are to become foundations of the present reform of the planning system. I.e. 1) socializing of the planning system, 2) independence of enterprises in plannig, 3) parametricality of planning activities, 4) two level planning system. The said canons used to become the subject of reformatory postulates in the past, but the discussed reform is making account of them in asubstantially wider range as compared to the formen reforms and the present solutions have the traits of conceptual progress. It does not mean though that a capacity of model solutions in each of the four canons have been exhausted and there are no bolder systematic solutions to be introduced. The latter are indicated in the present article.Item Wybrane problemy dynamicznej wielowymiarowej analizy porównawczej(Wydział Prawa i Administracji UAM, 1985) Grabiński, TadeuszThe work presents assumptions, methods and technics of proceeding elaborated in a multidimensional comparative analysis applied to examine dynamics of economic phenomena. The study is illustrated with the example of analysis of living standard of 22 European states in the years 1960 - 80 on the grounds of 7 diagnostic variables selected from a wider 18-element set of initial variables. Prognoses of synthetic measures of the living standard till 1990 have been constructed, European states are grouped from the viewpoint of a degree and a pace of changes in the living standard. Brackwardness of Poland in relation to other European states in that respect is also estimated.Item Degradacja gospodarcza Europy(Wydział Prawa i Administracji UAM, 1985) Jankowiak, LudwikThe surveys done by numerous trade and industrial organizations and by economic press in the West have proved an undoubted drop of European economy position in the scale of world economy. It is reflected in the domain of employment, technology and on the world commodity, service and monetary markets. Upon analysing the situation on labor market, different tendencies can be observed in the United States and Japan on the one hand and in the Western Europe on the other. They have been occurring for several years. The identical phenomenon is observed in the aspect of pioneering technology. Variety of microprocessors originating from the Silicon Valley, Ca. effected the new industrial revolution in the United States and in Japan. Numerous European industry managers are now facing the question how to operate in the computer age. A lack of properly trained staff and some conservative approach on the part of managers in their attitude to the technological progress can be seen as the main obstacle. Also in the currency sphere Europe has been outdistanced by the United States and Japan. What is the most suprising is the advancement of Japan to the front lines in European banking. Undoubtedly, one of the reasons of a falling position of European states is the insufficient progress in economic integration. Economic barriers, national pride, and cultural factors which are not susceptible at alterations are contributing to the present picture. All these elements can be called symptoms of the „European malady" i.e. the low rate of economic growth. It is also abnormal to devote the two thirds of the EEC budget for agriculture which has been for many years reducing a number of the employed.Item Ewolucja systemu zabezpieczenia społecznego ludności chłopskiej w Polsce(Wydział Prawa i Administracji UAM, 1985) Kasperek-Hoppe, MariaThe population engaged in the individual farming was included in the system social security as the last socio-professional group. The Act of Pensionary Rights of Individual Farmers handing over their farms to State ownership or management of June 28, 1962 became an important event. But the exhaustive regulation of the social security was instituted by the Act of Social Security for Farmers and their Families of December 14, 1982. Ensuring the social security to those farmers and their families who on account of various factors are not able to manage their farms is the basic function of the new Act. Revalorisation of farmers pensions is the essential solution introducted in that aspect. The said Act can create potential requisites to stimulate structural changes in individual farming and also institutes solutions which can, in future affect the productivity of individual farms. Reservations can be raised as to the questions of relating a competence to receive a pension from handing over the farm. Benefits should result from the age and period of work and not from the fact of handing over the farm. The adopted solution is hampering becoming independent by young people. It is one of the problems which has to be returned to in the future.Item Wpływ czynnika ekonomicznego na zachowania prokreacyjne rodzin rolników indywidualnych(Wydział Prawa i Administracji UAM, 1985) Chromińska, MariaThe work attempts at estimating the effect of the economic factor on procreational attitudes of families of individual farmers. The factor was symptomatically defined by adopting: the area of a farm in ha, assessed income in thousand zł, value of agricultural products sold in thousand zł, and a size of living quarters in rooms and m2. The stated task was to be fulfilled with the aid of all-Poland survey done by The Department of Statistics and Demography of Academy of Economics in Poznań, as of January 1,1980. A population of 674 families of individual farmers inhabiting the central-western macro-region is the subject of analysis. The effect of economic factor on procreation in families is examined by means of the cohort analysis with the aid of methods of analysis of correlation, straight regression and curvilinear regression. The results indicate that there is no statistically significant linear relationship between procreational behavior of the examined families and the size of a farm, value of products sold and the assessed income. On the other hand a negative linear relationship was observed between the family size and apartment conditions in the first year after matrimony, at the moment of observation the correlation is positive with the exception of cohorts 1945-49, 1970-74. The study revealed that the examined relations do not have a linear form. The parameter yx is significant for the relation of family size to value of the products sold for the cohort 1960 - 64 and to the size of the farm for cohorts 1945 - 49, 1950 - 54. The regressive analysis allows to formulate the view that a shape of correlational relationship between family size and the economic factor changes with the period of establishing a family.Item Małżeństwo i rodzina jako wartość w świadomości nowożeńców miasta Poznania(Wydział Prawa i Administracji UAM, 1985) Wesołowski, AleksanderThe present article is a part of the broader elaboration containing the analytical description presenting the retrospective problems in their quantitative and qualitative aspects. The present system of values concerning matrimonial and family processess of young married couples in the area of the city of Poznań. Material collected from 247 couples of newlyweds of 1982, constituting 7% of all the newly married couples of that period, with the aid of a questionaire inquiry method. The set represents mostly young families of workers and intelligentsia. Matrimony is understood to be a social relation and a base of the future family. Although the previous norms and patterns defining a course of human interrelations in the pre- and post matrimonial period are modified by the socio-economic conditions of city life, yet, the value of matrimony as a social institution and procreational family as a relatively stabilized form of social life are not deppreciated by them.It is advocated by the autor that a vast majority of the married couples intend to have children and with this aim matrimonies are concluded. But procreation is only one of many functions of the family it is not the essential one and is subjected to a rational planning. Apart of awareness of that need conditioned i.a. by the big city life and limitations of the crisis, the married couples prefer 2 children on the first place in their family. The author indicates also at the need of offering a fully fledged assistance to the newly marrieds in material, moral and educational character, as the hardships of existence are putting aside the higher values, important for the State and nation and prefering efforts to gain immediate values of a consumptional type.Item Dialektyka podzielonego czasu(Wydział Prawa i Administracji UAM, 1985) Penc, JózefTwo interrelated segments: work-time and leisure-time are separated within the structure of human time by the modern organization of productional process. Both types of time perform numerous important functions in lives of individuals and of societies. Therefore a proper development of those functions and their intercorrelation in order to have spending of those times on service of social progress and economic development becomes the target of any public authority and also the proof of its effectiveness. Rational solution of that question is particularly important in the socialist system which is aimed at creating conditions to increase the living standard of the population and foster evolution of labor. The said target causes that there is a different set of criteria of forming optimum relations of both times and their theoretical interpretation is also different. The supreme criterion in that aspect in socialism is considered to be the promotion of securing the social optimum of the worktime, facilitating growth of social product and better rest conditions, contacts with culture and education, developing own skills and interests and more active life in family and society. Functions of the worktime and of the leisure time have been reduced in our country. Consequently the compulsory worktime in spite of its modest time dimensions is not fulfilling the needs of social optimum. Reaching the latter would call for improving organization of the binding norms of worktime and for radical cuts in existence time by improvements in the sphere of trade, decreasing prices of numerous services time saving and prolongating leisure time. Social organization of leisure must also be improved to have it enrich pur life saved from work activities and existence efforts.Item Ekonomia społeczna Józefa Supińskiego(Wydział Prawa i Administracji UAM, 1985) Leońska, LidiaThe social economy of Józef Supiński caused many controversies at its time. Many authors claimed that it is not an economic concept but a sociological theory. J. Supiński himselft indicated at the social character of his economic views. One can adopt that principles of his social economy are nothing else but another name of sociology in its typical form of the 19 c. naturalism (J. Supiński is considered to be a father of Polish sociology). Cardinal theses of his concept of social economy are laid down in the work Polish school of social economy which was philosophically underpinned by The general thought of universal phisiology. The sources of theoretical views of J. Supiński have to be searched in the positivism of A. Comte and in the 19 c. naturalism. His social economy on the other hand is one of the versions of Western-European liberal doctrine, particularly of Bathbie, Rossi and Say. J. Supiński can be credited for noticing the necessity to create a general, progressive and typically Polish program of the economic development of his economically backward country (in comparison to other ones, esp. Western-European)