Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1986, nr 3
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Item Spis treści RPEiS 48(3), 1986(Wydział Prawa i Administracji UAM, 1986)Item Kilka uwag o odwołaniu darowizny(Wydział Prawa i Administracji UAM, 1986) Szpunar, AdamThe task of the article is the discussion of essential problems regarding revocation of a donation by a donor by reason of a flagrant ungratitude of a donee. The questions as to which the opinions of literature are concurrent were disregarded. The deliberations focus on the question of the results of revocation of the executed donation. Does the revocation cause the transfer of ownerships back onto the donor (a real effect) or oblige only the donee to the return (obligational effect)? The views of literature on that subject are divided. First, the author presents the evolution of judicature. After the initial hesitations, the decision of 7 judges of the bench in the Supreme Court of January 7, 1967, recognized that the revocation of a donation creates only the obligational duty, to return the object of the donation,, concerning real estate, in particular. The author studies the merits of the decision in a great detail as well as the position adopted by the doctrine. Many representatives of the doctrine accept the premises of the decision, but at the same time question some arguments quoted by the Supreme Court. There are also others who criticize the theses of the resolution. It can be neverthelles adopted that the position of judicature is settled in that matter. The author analyses other decisions proving that these questions have their weightform the legal and social point of view. Many discussions are raised by the issue whether the revocation of a donation is permissible as regards one of the spouse, if a given object had entered their joint estate.The judicature is of an opinion a flagrant ungratitude towards the donor. In that case the donated object does not enter the joint estate of the spouses. It becomes the object of co-ownership of both spouses in equal parts. The donor can claim that a share in that object be transferred onto him, if it was not possible then the claim would be for the return of the value. The author questions the position adopted by the judicature and quotes numerous counterarguments.Item Status prawny posła na Sejmie PRL (w świetle nowych regulacji prawnych)(Wydział Prawa i Administracji UAM, 1986) Rost, Antoni; Suchocka, HannaThe subject matter of the present article is concerned with a presentation of the legal status of a member of the Diet of the Polish People's Republic in the light of the new legal regulation: electoral regulations to the Diet, and the first Polish statute relative to the rights and obligations of a member of the PPR Diet. The new regulation maintains the present construction of a mandate to represent, generating additional institutional guarantees for the electors to have the deputies duties realized. The act of the duties and rights of members of the Diet enumerates the material forms of the execution of the duties, as for istance open and circle deputy meetings, inspections of employing institutions, permanent duty hours, press publication of deputy statements, etc. Parallel to the said obligations, the rights of members of the Diet have been extended, particularly in respect to guaranteed rights of a deputy to the activity towards institutions and organs external to the Diet. Such deputy rights as the right to information and the right to intervention have been extended and strengthened. The previous catalog of rights of a deputy in the Diet, is maintained, i.e. the right to take the floor, the right to vote, he right of legislative initiative, the right to interpellate, lodge questions, the right to being organized in deputy clubs according to their party membership. The formal, personal immunity has been maintained, the material immunity of responsibility is not adopted. The act of the duties and rights of members of the Diet regulated also, to a larger extent the protection of employment relation of a deputy, both during his term and in two years after its completion, the latter being a novelty. The previous social benefits, especially the right to salaries and free passages.Item Równość obywateli bez względu na narodowość w konstytucjach europejskich państw socjalistycznych(Wydział Prawa i Administracji UAM, 1986) Smoliński, TadeuszEquality of citizens, irrespective to their nationality is provided by all constitutions of the European socialist states. Yet a different construction is put on the question in the discussed constitutions on account of the fact that the constitutions were adopted in different periods, different patterns were followed, and first of all that not all these States encouner the question of equality of citizens irrespective to their nationality as an actual problem. The equality of rights irrespective to nationality becomes the problem in federal States and those homogenous States where numerous minorities live, i.e. in Romania and Hungary. Constitutions of Romania and Hungary formulate the equality of citizens irrespective to their nationality not only as an individual right but also as the collective one. It means that they provide not only the equality of rights of particular citizens, but they guarantee equality of rights to the whole national minorities. Guaranteeing the equality of rights to particular national minorities has to be recognized as a better and more complete securing of the equality of rights. A possibility of cultivating their national separateness by particular citizens does not by itself create the full equality of rights. It is determined by activities of educational institutions at all their levels, extensive development of education and culture — and this cannot be implemented only by individual actions of citizens. The socialist federations, i.e. the Soviet Union, Yugoslavia and Czechoslovakia secure the equality of rights irrespective to nationality in different ways. In Yugoslavia and Czechoslovakia the equality is secured by guaranteeing particular nationalities the development of their separate character. In the Soviet Union, the complete equality of rights of particular nations and peoples is intended to be achieved by the creation of a uniform Soviet nation. These two distinct ways are reflected in the discussed constitutions. Still, in all the European socialist States the true equality of citizens irrespective to their nationality is to be achieved by the equality in the social and economic domain. Most of the constitutions clearly differentiate between the equality of rights and obligations of citizens and the equality before the law irrespective to nationality. It has to be added though, that in those States, where the constitutions do not proclaim explicitely the equality of citizens before the law irrespective to their nationality, the respective provisions were omitted mostly for that reason that at the time of adopting the constitutions there were no differences perceived between the notions of equality of citizens before the law and equality of rights of citizens.Item Istota władzy gospodarczej producentów w świetle ogólnej teorii władzy(Wydział Prawa i Administracji UAM, 1986) Trojanek, JacekThe implementation of the Polish economic reform occurs in the extremely unfavorable market conditions. The internal market is not only unbalanced but also dominated by monopolistic structures. The unbalanced and closed market becomes a source of the strong market power of those enterprises which supply determined goods and services. The present article is the author's attempt at theoretical explication of the essence of economic power of producers and the discussion of the characteristic features of that notion against the background of the general theory of power. In the first part of the article the author reviews definitions of the general notion of power encountered by him in the modern Western and socialist sociological, politological and legal literature. The definitions are of a certain value as they can facilitate understanding the essence and recognition of the action mechanisms of that specific sort of power, being the economic power of the socialized producers. The second part of the article brings about the author's discussion of the essence of the economic power of producers in the socialized economy. The authors shares opinions of those Polish economists, according to whom the notion of economic power can be referred to situations at which an enterprise gains a considerable market advantage, over other subjects, what allows it to shape regulational horizontal links according to the own rules of a game (independently from the official findings) as well as exercise influence over regulational vertical links (with the administrative center) to reach its own goals, contradicting the social goals and the goals of other market subjects. Next the author discusses the most important features of the economic power of the producers. The analysis produced in this respect resulted in formulating the following conclusions: — the economic power of the producers is a social relation; — the relation is not grounded in the legal regulation, it is effected by the factual position of a given enterprise on the market; — the economic power reveals an authoritarian character, power relations are this asymmetrical (there are dominating and dominated subjects in them); — the obedience is a substantial element of the economic power, the excèssiveness and range of power can be proved by a number of acts of the obedience and by a number of subjects manifesting it; — economic organizations as users of power are vested with a peculiar extra- -legal imperium, having the means of economic duress at their disposal; — two types of economic power are to be distinguished: the potential power and the power excercised; as the power being a certain potential, chance or possibility may, but does not have to be realized; — the economic power of the producers is neither forced nor absolute; there are possibilities to control it, limit it or eliminate it; — the economic power is transitive and relative as an enterprise is related to specific elements of its milieu both by means of dominance and subjection.Item Rola organów samorządu załogi w indywidualnych sprawach pracowniczych(Wydział Prawa i Administracji UAM, 1986) Kubot, ZdzisławIn principle, the present regulations do not vest organs of the self-government with rights to decide or settle individual cases concerning the employment relation. There are certain exceptions to the rule (opinions concerning decisions of allocation of premises, opinions in cases of applications to award State orders and distinctions, opinions in cases of technological innovations suggested by employees, cases concerning the employment relation of an enterprise director). The solution adopted in the binding regulation has to be, in general, considered as the correct one. Entrusting the self-government organs with individual cases of employees in a wider extent than presently provided by law would inevitably generate negative consequences. Particularly, the general orientation of the workers' self-government organs would be altered. Settling individual cases of employees by those organs would definitely be done at the sacrifice of general economic affairs of an enterprice and its personnel. Organs of workers' self-government entering into the individual cases concerning the employment relation can be threatened with conflicts with trade unions' organs and adopting unions' positions. The self government organs' intervention into the individual cases concerning the employment relation might also curtail the manager's power in the enterprise as well as collectivization of employment relations and of responsibility. The activity of self-government organs on the level of enterprise, plant or department cannot change the essence of individual employment relations with superior's power and employee's subordination. Modifications of individual employment relations can be carried out by means of special forms of labor organization as self-government teams, economic groups, autonomous groups etc.Item Międzynarodowa ochrona małżeństwa(Wydział Prawa i Administracji UAM, 1986) Sandorski, JanThe article was prepared within the research scheme on the subject II. 10 of the crucial problem 11.9. The subject is concerned with the protection of family in international law. The international protection of marriage is one of its elements. Numerous international acts (the Covenant on Civil and Political Rights) contain provisions from which it results that founding a family follows a conclusion of matrimony. It is emphasised in the article that international law provisions are not limited to the protection of institutionalized family but is also concerned with the natural family. A variety of problems to discuss, which are difficult to settle is related to the issue of marriage protection. One could only mention here religious marriages or a polygamous marriage. Neither in internal nor in international law there exists an exhaustive, explicit and juridically correct definition of family and marriage. The notion of marriage can be therefore reconstructed on the grounds of the provisions related to the rights and obligations of spouses and to conclusion, durability, nullity and cessation of marriage. It follows that marriage is a permanent legal relation linking two persons of a different sex who have concluded a legal transaction known as a conclusion of matrimony, on the basis on family law binding on a given territory, in order to realize social tasks of a family established in that manner. Next, the author presents the development of international norms concerning the protection of marriage, indicating the fact that the protection of married woman's rights was at its origins. The international practice related to marriage stesses strongly the principle of equal rights of a husband and wife. The most elaborated shape was given to that principle in the declaration and convention on abolishing discrimination of women (1967 and 1979). A notice contained in art. 6 of the Declaration might be of some interest in this context, it results from it that the equality should not prejudice the unity of marriage. Another important problem regulated in multilateral agreements is the citizenship of married women. International law favors the conception of the autonomous citizenship of a woman. A husband is thus loosing his leading position in the union. Yet, the marriage should not be grounded on a dominating position of one of the sides. At the end of the article the author discusses the crucial legal questions pertaining conclusion and recognition of matrimony in the light of international law.Item Zagadnienie militaryzacji kosmosu a prawo międzynarodowe(Wydział Prawa i Administracji UAM, 1986) Jacewicz, AndrzejSpace has been used for many years for military purposes. Yet, i is one of those types of activity which can be described as „passive". Nevertheless, the danger of space armament increases, weapons intended against space objects are being tested. The query is: what is the international legal aspect of space militarization? The article consists of three parts. Part I provides the analysis of international agreements containing provisions concerning demilitarization or neutralization of space, i.e. the Outer Space Treaty of 1967, the Moon Agreement of 1979, the Partial Test Ban Treaty of 1963, the Environmental Modification Convention of 1977 as well as the Soviet — U.S. ABM Treaty of 1972. It follows from those acts that with the exception of the Moon and other celestial bodies, the military activity is not forbidden in space, unless it is related to the deployment of nuclear weapons or any other kinds of weapons of mass destruction. It is only the ABM Treaty which precludes development, testing and deployment of ABM systems or components which are space-based. Part II of the article is the continuation and extension of one of the issues discussed previously in Part I, which is the subject of particular controversies. It is the case of interpreting a phrase „exclusively for peaceful purposes" quoted in the Treaty of 1967 and in the Agreement of 1979. Are the peaceful purposes to be understood as non-agressive or non-military purposes? Does the order of using exclusively for peaceful purposes concern the moon and other heavenly bodies or the whole space? The extensive study of the problem confirms the statements contained in the Part I of the article, namely that the order of using exclusively for peaceful purposes stands for using exclusively for non-military purposes and that the said regulation is limited only to the moon and other celestial bodies. The de lege ferenda discussion of the scope of space demilitarization and neutralization is contained in Part III of the article. Considering the already existing passive forms of space militarization and practical lack chances whatsoever to eliminate them until decisive disarmament moves on the earth, the author suggests limiting the future solutions to the ban on deployment of any weapons both in space and those outside it but intended for use in space. The most favorable solution would also feature a general ban on developing and testing of any space-based weapon's as well as anti-satellite non-space based weapons. The neutralization of space could be introduced simultaneously with that type of demilitarization, i.e. the ban on resorting to the use of force both in space and from space. The article is concluded with the short characteristics of the recently submitted drafts of international agreements concerning the extension of the present scope of the ban on militarization of space. The. most suitable proposal in the author's opinion is the Treaty on the Prohibition of the Use of Force in Outer Space and from Space against the Earth, put forward by the Soviet Union in 1983Item System finansowania rolnictwa Wspólnot Europejskich(Wydział Prawa i Administracji UAM, 1986) Komar, AndrzejThe article discusses the system of financing agriculture in European Communities. The vital instruments of the system are stressed: crop prices, subsidies and agricultural products' duties towards the third countries. Particular attention is paid to the agricultural prices as these have the crucial impact on the situation of agricultural market. They compose an instrument of interventional shaping of both, crop supplies and the level of farmer incomes. The agricultural duties are also influencing the crop supplies on the Communities' market. Yet, they are of a limited range, what results from the concluded agreements and adopted obligations by the Communities. The supplementary role is played by subsidies in case of crop exports. The agricultural prices in the Communities are higher from these prices at the world market, so in order to sell crops outside of the Communities, they must be subsidized. The common agricultural policy is financed from the European Agricultural Guidance and Guarantee Fund. Most of the expenditures is intended to finance interventions on the agricultural market. Small amounts are to finance the structural reconstruction of the agriculture. The present system of agriculture financing resulted in an agricultural surplus production which became a financial burden. And the possibilities of increases in the agricultural policy financing are limited. It is aimed to limit expenditures for financing common agricultural policy in a gradual way, but solving that problem would call for the radical reform of that policy.Item Opodatkowanie jednostek gospodarki uspołecznionej(Wydział Prawa i Administracji UAM, 1986) Gomułowicz, AndrzejA radical change in the rules of taxation of units of the socialized economy was brought about by the Act of 26 February 1982. The tax system was simplified by limiting a number of taxes to four basic ones: turnover tax, tax on wages, real property tax, income tax. Yet, the changes cannot be assessed in the univocally positive way, as one ought to examin their tasks to be realized. The whole legal regulation is influenced by the spirit of a narrow fiscalism handling the tasks in the scope of gathering budgetary income in a very narrow minded way, not 'making account for economic, social and even political implications. It would be opportunistic to maintain that the tax system of units of the socialized economy is able to stimulate the development of business conditions, increase the effectiveness of the economy, act as a motivation to increase the productivity of workers, and secure the financial independence of enterprises. It is precisely reverse: it becomes one of the many hindrances of the country's economic development. It is an anti-stimuli for the effective management, by means of reducing profits the independence of the enterprise is limited. The legislator ommitted the crucial question forgetting that the source of tax is to be found in the economic power of a taxpayer; the change in principles of taxation has been effected without any broader vision of the socio-economic affairs of the country. The fiscal function became all embracing and being the goal in itself.Item Miejsce i rola polityki konsumpcji w kształtowaniu spożycia w Polsce(Wydział Prawa i Administracji UAM, 1986) Piasny, JanuszThe Polish economic literature adopts that a consumption policy should consist of an aggregate of principles, methods and means used by the State in order to increase the level and modernize the structure of consumption both in relation to the whole society and to its basic socio-professional groups and individuals. Therefore the main subject and task of the consumption policy is to delimit directions of the consumption development, define its current and target levels, material structures, indicate at priorities in consumption and propose methods and tools of implementation. As far as Poland is concerned, for the whole postwar period only a normative and active policy of consumption was encountered. It can be generally stated though, that in particular years of functioning of our economy and under certain conditions it has never become a compact system of goals and instruments of their implementation,, for the whole of the examined period. It was characterized by fragmentarity, ad hoc actions and the lack of coherence. Thus under the conditions of presently implemented economic reform, a clear definition of goals and tasks of the consumption policy becomes an utmost -necessity. The consumption policy, being an element of the superior goals of the economy is able to and should become an active element of the new economic system which is to be introduced in course of the implementation of the economic reform. The system has to contribute to more effective and rational relating production to the consumption. Yet, returning a general monetary-market equilibrium and partial equilibria, then preventing their drastic upsetting are the prerequisits to pursue the active consumption policy by the State. The previous practice indicates that only under conditions of market equilibrium the process of rationalizing consumption structure and optimizing a consumption effect can effectively take place. It is of a primary importance for the implementation of the active consumption policy.Item Cykle rozwojowe a wahania produkcji rolniczej w Polsce w latach 1950 - 1984 (próba history czno-ekonomicznej analizy przyczyn)(Wydział Prawa i Administracji UAM, 1986) Ławniczak, IrenaThe article is an attempt at finding causes of cyclical fluctuations of agricultural policies in Poland in the years 1950 -1984, with the use of the quantitative method. The economic and historical analysis of the productional effects achieved in agriculture in Poland throughout the examined period allows to present the hypothetical statement that: 1. Development cycles present in the postwar Poland and consisting of the phase „A" and „B" are the result of a higher or lower dynamics of growth. 2. Phase „A" of each cycle is characterized by the higher rate of investment growth in the branch of means of production, phase „B" produces the lower rate, while the investment rate is higher in the branch of consumption goods and agriculture. 3. Changes of the rate and directions of investments result in a decrease or increase of agricultural production measured by the value of final production per 1 ha of arable land. The changes are effected in relation to the changes in the rate of agricultural investments and the rate of their growth with a one-phase lag.Item Dynamika oraz kierunki zmian struktury usług produkcyjnych w rolnictwie(Wydział Prawa i Administracji UAM, 1986) Kukuła, KarolA development of productional services for agriculture is one of the essential factors effecting the progress in production, effectiveness and prime costs. This fact can justify advisability of the undertaken research in tendencies and directions of changes in the structures related to the productional services in agriculture. The article presents the analysis of a course of changes in the services structure in the cross-sections: sector, objective and subjective. The period of 1975 - 1983 was examined. The analysis was performed by the own method of measuring the structure dynamics. The study proves that the share of unsocialized sector in a general value of sold services constantly increases. Thus a process of nullifying differences in a dissémination of productional services between socialized and unsocialized farms is developing This tendency has to be estimated in a positive way. The most radical changes in all the structures are observed in the years 1981 - 1982, i.e. the period of substantial socio-economic changes. Among the negative tendencies one has to note a systematic decrease in the share of transport services. This tendency can be observed in both sectors. The further changes of structure of productional services in those directions which will be found favorable is related to a wide diffusion of a technological progress to the sphere of the discussed services. It calls for radical changes in the domain of allocation of funds engaged in the food economy for the sake of agricultural services, especially the specialized ones. These changes must account for the economic specificity in the particular sectors.Item Próba rekonstrukcji schematów reprodukcji Marksa. Proporcje gospodarcze i warunki wzrostu(Wydział Prawa i Administracji UAM, 1986) Mielcarek, JarosławThe article consists in the attempt at reconstruction of Marxian schemes of reproduction and finding on that basis, a solution to the following problems: 1) finding formulae presenting in what way the equilibrium conditions depend on the organic composition of capital, the rate of surplus value, and the coefficient of accumulation (or capitalistic consumption); 2) reformulating numerical examples of Marx in such a way as to free them from objections; 3) finding an answer to the query why in the Marxian numerical example, the sector I reveals the higher growth than the sector II in the first period and then they two grow at the same rate. The attempt at solving those problems allowed to draw a number of conclusions concerning the activity of destabilizing and stabilizing forces in the capitalist economy the law of value, limits within which proportions of the distribution of resources between the sectors can change and the theory of economic growth.Item Wyznaczanie racjonalnej wielkości przedsiębiorstwa handlowego w środowisku wielkomiejskim (na przykładzie branży owocowo-warzywnej)(Wydział Prawa i Administracji UAM, 1986) Michalak, Adolf; Świtajski, RajmundAgainst the background of the presentation of theoretical directions of the search for the rational size of a trade enterprise, the article presents the algorythm of proceedings facilitating the evaluation of that size, it is exemplified by means of the empirical data concerning the fruit and vegetable branch in Poznań. Although the procedure of approaching the problem solution presented in the article is not the sole one, it can become a contribution to the research on possibilities of evaluating the optimum size of a trade enterprise.Item Rola Międzynarodowego Funduszu Walutowego w kształtowaniu płynności międzynarodowej krajów członkowskich w latach 1956 -1983(Wydział Prawa i Administracji UAM, 1986) Wachowski, PiotrThe author analysed numerical data characterizing international liquidity of the member States of the International Monetary Fund in the years 1956 -1983, attempting to define in what way the Fund could affect that liquidity. Instruments intended to secure the international liquidity used by the Fund were the object of the research. The Author also examined the role of the Fund instruments in financing of import and foreign trade deficit and creating currency reserves of the member States. The author positively assessed the role played by the Fund, indicating that it has realized its statutory tasks in shaping international liquidity. The author scepticaly estimated the use of a reserves/import ratio as yardstick for international reserve adequacy, recognizing the need of research in that scope.Item System gospodarczy Iraku(Wydział Prawa i Administracji UAM, 1986) Kalal, Muiead A.Both natural resources and planned economy contributed to the economic achievements of Iraq manifested by a high, exceeding 25% rate of economic growth (GNP) in the years 1975 -1980. Exports of the most important product of the extractive, industry-which is oil-have the crucial importance for the country's economy. Yet the economy is not entirely concentrated on that industry. The first place in investment expenditures, in economic programs is occupied by the development of manufacturing industry, which share in the 1982 GNP was up to 18%. The investments in agriculture are also not neglected. The State plays the vital part in the economic system of Iraq. It is controlling the production and development according to the State economic programs. The State's share in the production is also large on account of the existence of the State enterprises which replaced the foreign capital in the extracting industry. The dominating part of the national income (approximately 70%) is generated by the State enterprises. Alongside, there are private producers operating and mixed enterprises with the capital share of State and private persons., State firms private and mixed companies are pursuing the market economy. The State financial policies are oriented to control all the enterprises by means of taxation policy as well as credit policies of banks which are State owned in Iraq, not to mention the State price ruling. Thus the economic system of Iraq seems to be a combination of the plan economy and State controlled market economyItem Dyskusja nad nauczaniem socjologu w Polsce(Wydział Prawa i Administracji UAM, 1986) Kwilecki, Andrzej; Kwaśniewicz, Władysław; Morawski, Witold; Sztompka, Piotr; Łączkowski, Paweł; Borucki, Andrzej; Jacher, Władysław; Przestalski, Andrzej; Kośmicki, Eugeniusz; Suchocka, Renata; Janik, Wojciech; Malikowski, Marian; Markowski, Daniel; Krzykała, FranciszekItem Przegląd piśmiennictwa RPEiS 48(3), 1986(Wydział Prawa i Administracji UAM, 1986)Item Sprawozdania i informacje RPEiS 48(3), 1986(Wydział Prawa i Administracji UAM, 1986)