Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1996, nr 4
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- ItemZagadnienie reaktywowania ubezpieczenia brackiego (spółek brackich)(Wydział Prawa i Administracji UAM, 1996) Jończyk, JanThe Author gives his careful consideration to the idea of reviving in Poland miners, insurance companies referring to interwar tradition, mainly in Silesia. His deliberations pretend to establish the lind of relationship (subjective, financial and organizational) in which such a miners, insurance company would be maintained towards general sicual insurances (i.e. State owned and private) and old-age pensions as well as - what kinds of risks whould be covered by miners' insurances, who should finance them and, finally, whether the idea itself is not in collision whit governmental programme of social insurances reform.
- ItemZgoda oskarżonego na orzekanie o warunkowym umorzeniu postępowania karnego (rozważania de lege lata i de lege ferenda)(Wydział Prawa i Administracji UAM, 1996) Paluszkiewicz, HannaConditional discontinuance of penal proceedings which is peculiar mean of penal responsibility may be applied only within regular penal case where there is a possibility of giving a sentence with some material contents. Penal code did not foresee any special form for to get such an act effective. The Author ponders what is the place and the role of the "consent" of the accused against the background of the other conditions of pronouncing conditional discharge. The accused can express his consent or his objection against a decision on a conditional discontinuance of criminal proceedings. We should admit that a change of the position of the accused in this question is allowed and, according to the projekt of new code of penal proceedings, it can be expressed in any form intelligible for the court.
- ItemSytuacja prawna pracowników komercjalizowanych i prywatyzowanych przedsiębiorstw państwowych(Wydział Prawa i Administracji UAM, 1996) Niedbała, ZdzisławThe Author analyses legal situation that emerged after coming into force of the law of 30.08.1996 on commercialization and privatization of State owned enterprises. Two types of privatization are discussed: indirect and direct. When describing commercialization of an enterprise the Author focuses on changes within the structure of agencies of the economic subject transformed. He cites what kinds of individuals and on what conditions - in the light of the above law - are authorized to gratuitously purchase stocks (shares) of their own enterprises. This involves not only present employees but also all retried persons, other pensioners and, finally, employees dismissed from work on group principle. The Author stresses also that according to the dispositions of the law persons cited in article 2 points 5b and 5c are nor granted passive nor active election law to the supervisory board and to the administration board of the company emerged from the commercialized enterprise.
- ItemŹródła praw i obowiązków stron umowy międzynarodowej sprzedaży towarów(Wydział Prawa i Administracji UAM, 1996) Napierała, JacekThe present papers' subject are general remarks on the application scope of the Vienna Convention and on the character of other sources determining legal contents of rights and duties of parties involved. The Convention is to be applied d i r e c t l y only if both parties have their registered office in two different countries as understood in the Convention (art. 1, al. la). The Convention is applied i n d i r e c t l y if the rules of international private law indicate as being proper the law of the State-signatory of the Convention (art. 1, al. lb). In conformity with the art. 95 of the Convention every State may exclude the application of the latter. When analysing this compromising solution the attention has been drawn to situations more particular because of: a) localization of a court, b) State the law of which is indicated by collision rules. Special problems arise when there has been indicated as proper the law of such a State which excluded application of the art. 1 al. lb of the Convention. The Convention does not offer legal solutions for all problems involved with a contract of sale. The application scope of the Convention has been determined in two ways: positively and negatively. The exclusion of cases not subject to the Convention in not complete (conf.: "in particular"). So, there is a category of cases that concern matters regulated in the Convention which, however, have not been treated there expressively. Getting such a lacuna filled in takes place according to the dispositions of the art. 7 of the Convention, namely: a) taking into consideration "general principles" on which the Vienna Convention was based; b) only when it is impossible to reconstruct such a principle on a basis of the Convention, there is a possibility to consider some actual case as being situated beyond the application scope. Then the law indicated by international private law is involved - in its capacity of ultima ratio. The Convention finds also its application if parties make a choice of the law of a State obliged by the Convention, even independently on wheather such a law should otherwise by indicated by international private law of a State of the court or not. Since it is admitted that the principle of autonomy of a choice by parties to a contract is one of the "rules" of international private law as understood by the art. 1, al. lb of the Convention. This choice can be made in an implied way. In every situation the Convention can be refered to as non-normative pattern binding parties by virtue of their mutual consensus. Apart from dispositions of the Convention the contents of some concrete relation is determined as well by: a) home law, b) stipulations of the agreement (i.e. contents of the contract), c) commercial customs and practice, d) interpretation rules related to the application of the Convention.
- ItemWybrane zagadnienia ustawy o nabywaniu nieruchomości przez cudzoziemców w Polsce w świetle Układu Europejskiego ustanawiającego stowarzyszenie między Wspólnotami Europejskimi i Polską(Wydział Prawa i Administracji UAM, 1996) Popowska, BożenaThe Author analyses chosen solutions of the law on purchasing real properties by foreingers from 1920 after its amendment of 15.03.1996. Considerations' sobject are the dispositions which do liberalize purchasing real properties by foreigners as well as those which are introducing new restrictions. In her commentary the Author draws our attention first of all to relations of new regulations to obligations assumed by Poland in European Treaty and to realizing European legal standards.