Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1987, nr 4
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Item Spis treści RPEiS 49(4), 1987(Wydział Prawa i Administracji UAM, 1987)Item Ustawa antymonopolowa z 1987 roku. Próba oceny podstawowych rozwiązań(Wydział Prawa i Administracji UAM, 1987) Trojanek, JacekThe subject-matter of the article is an attempt to evaluate basic legal solutions of the Act of January 28, 1987 on counteracting monopolistic practices (Dz. U. nr 3, sec. 18). This act, unprecedented in the Polish legislation, is part of the economic reform. Polish economy is characterized by a high degree of concentration of production and monopolization of the market. With the increase of legal and economic independence of socialized enterprises more widespread became the tendency to take advantage of priviledged market position and to apply different monopolistic practices infringing the social interest and the interests of other producers and consumers. Such negative phenomena are a serious threat for the present economic reform. Therefore they need to be neutralized by the state through its broad and complex antimonopoly policy. One of the elements of that policy is the Act of 1987. The Act does not fight monopolies understood as organizational structures. The existence of monopolies is neither forbidden by law nor it is subject to legal sanctions. The Act, however, fights the most deterimental external aspects of monopolies, i.e. specific practices and monopolistic agreements. It is the basic purpose of the Act. Another important aim of the Act is protecting competition. The Act encompasses wide subjective and objective range. It is concerned with virtually all economic activity conducted by all legal and natural persons irrespective of the form of property, size or the degree of monopolizing the market since in conditions of an unbalanced market any producer, big or small, may behave or behaves like a true monopolist. The author presents the catalogue of monopolistic practices and agreements forbidden by the Act (Art. 8, 9, 11, 13, 14). He formulates several reservations and doubts concerning the narrow range of forbidden practices and the liberal attitude of the legislator towards the perpetrators of such practices. In particular, he criticizes the solution according to which monopolistic practices and agreements forbidden by the Act are not absolutely invalid (ex lege) but are subject to invalidation by an antimonopoly organ. In the final part of the article the author discusses the tasks and competences of an antimonopoly organ with respect to counteracting monopolistic practices and shaping the antimonopoly policy (Art. 4, 5). The author critically evaluates the placement of an antimonopoly organ as an administrative organ in the structure of State. In the author's opinion, vesting in the Minister of Finance additional functions of an antimonopoly organ is not the best solution. Rather, a special Antimonopoly Office subordinated directly to the Sejm or the Council of State should have been created.Item Sankcje w ustawie o przeciwdziałaniu praktykom monopolistycznym w gospodarce narodowej(Wydział Prawa i Administracji UAM, 1987) Sołtysiński, StanisławThe article is concerned with the evaluation of civil, administrative and penal law sanctions contained in the Act on Counteracting Monopolistic Practices in the National Economy. Analysing the invalidity sanction applicable in cases of monopolistic practices and agreements the author points out to the inconsistencies in the Act's provisions, some of which suggest that the legislator provided for absolute invalidity while others indicate suspended invalidity. The only conclusion one may draw with certainty is that invalidating monopolistic agreements mentioned in Art. 11 requires a decision by an antimonopoly organ. Equally clear is Art. 12 granting the said organ the competence to invalidate pricing agreements. However, while Art. 12 seems to impose on the antimonopoly organ a duty to declare invalidity of monopoly agreements, Art. 13 grants competence combined with discretionary powers of an administrative organ. The above solution is defective since monopolistic agreements with respect to prices are the most dangerous form of restricting competition. (Discussing the most severe administrative sanctions, i.e. the division of an economic unit or its liquidation, the author holds the view that decisions in the above matters are conditioned upon formalized and unimportant premisses from the point of view of purposes of the Act, such as three former infringements of the Act within the past three years. On the other hand, the said sanctions should be applied towards enterprises occuping a dominant position on the market and only when other legal means do not give desirable effect. Paradoxically, the antimonopoly organ may command the most severe sanctions against small economic units, such as partnerships, cooperatives or individuals running their own enterprises. The author approves of the solution concerning the control of integration processes (mergers) which provides for the necessity of obtaining a prior consent of an antimonopoly organ. In his concluding remarks the author sets forth the postulate to initiate the studies on the ways of antimonopoly policy. To do this, it is necessary for lawyers and economists to reach an agreement as to the interpretation of highly complex provisions of the Act. The author suggests to use the period of „vacatio legis" for initiating the works in the above field in the Council for Counteracting Monopolistic Practices.Item Uwagi o formie przewidzianej dla celów dowodowych(Wydział Prawa i Administracji UAM, 1987) Szpunar, AdamThe provisions on the form required for evidence purposes (ad probationem) belong to those which should be subject to critical evaluation in the course of works on the Civil Code reform. The article presents the history of the form ad probationem in Polish law, the form which is the manifestation of the French adage „lettres passent témoins". The said form was included into the Civil Code despite strong criticism. The author presents arguments for and against the said form. The present Art. 74 of the Civil Code provides for the moderate type of the form for evidence purposes. The interdiction to admit evidence in the form of witnesses or in the form of statements by the parties concerning the fact of concluding the transaction allows three exceptions: 1) if both sides express their consent in that respect, 2) if the fact of concluding the transaction is authenticated by means of a document, 3) if a court deems it necessary due to the particular circumstances of a case. The author analyses the above exception in detail, and reaches the conclusion that they mitigate the severity of the rule itself The author also discusses Art. 77 of the Civil Code which reads that if a contract was concluded in writing, its supplementation, change or dissolution by consent of both parties, as well as its renunciation, must be set down in writing. The author presents the views of the doctrine and the case law in that respect. The author criticizes Art. 75 of the Civil Code which requires the form for evidence purposes when a legal transaction contains a disposition of a right, the value of which exceeds 10 000 zloties, as well as when a legal transaction concerns an obligation to pay an amount exceeding 10 000 zloties. In the author's opinion, Art. 75 is a dead letter in practice. In conclusion the author does not put forth the postulate to eliminate the form ad probationem in its present shape. Yet, he is of the opinion that Art. 75 should be abrogated. Only in case of a loan exceeding 100 000 zloties should the contract be drawn up in writing.Item Reforma amerykańskiego systemu podatkowego i jej znaczenie dla reformy polskiej(Wydział Prawa i Administracji UAM, 1987) Komar, AndrzejThe article contains two lines of considerations. The first concerns the analysis of the American tax reform of September 1986. The analysis is confined to several basic issues, such as shaping the extent of taxes and their generality. At the same time the author points out gradual decrease of progression and the reduction of the number of tax-rates as the phenomena having multiple and positive socio- -economic effects. Stress has also been laid on the way of treating inflation through the indexation of tax assessment basis what, in turn, makes it possible to tax real income. A characteristic feature of the American tax reform is an attempt to reach generality of taxation. Therefore many tax reliefs and reductions were eliminated; at the same time increased were the possibilities to stimulate the economy through taxes. The second line of considerations is concerned with the possibilities of adopting some solutions of the American tax reform for the purposes of actually prepared reform of general income and value-added tax in Poland. Some elements of the reform are contained in the theses for the second stage of the economic reform. Much more about the conception of both taxes can be found in financial writings. Both taxes are a significant element of the economic reform in general. Hence, the author stresses the need to undertake a thorough assessment of foundations of American tax system and especially of its ties with economic, social and cultural policy. Many solutions of that system might well be adopted in the course of formulating the conception of the Polish tax reform. It is generally stressed that the American reform of taxation was a very important step and that it may be an impulse for rebuilding the economy.Item Status prawny zastępcy dyrektora oraz głównego księgowego w przedsiębiorstwie państwowym(Wydział Prawa i Administracji UAM, 1987) Niedbała, ZdzisławDeputy managers and the chief accountant belong to the so-called inner-circle management of an enterprise. Their legal position is specifically connected with the legal status of the manager of an enterprise. The manager is an organ of an enterprise and he is equipped with all managing powers with the exception of those reserved for the organs of the self-goverment of the crew. Therefore the tasks, and especially the powers of deputy managers and the chief accountant are always derivative of the manager's powers. The latter defines the range of tasks and powers of deputy managers in organizational regulation, relegating to his deputies a part of his own tasks and duties together with the responsibility for carring them out. Because of this the legal position of deputy managers is to some extent similar to the position of plenipotentiaries of an enterprise. Somewhat different is the way of defining the tasks, rights and duties of the chief accountant in an enterprise. In that case some tasks and powers which may be carried out exclusively by the chief accountant are defined directly in legal provisions. Deputy managers as well as the chief accountant are appointed by virtue of the manager's decision with the prior consent of the employees' council. The same procedure applies to the removal of deputy managers and the chief accountant. However, the content of the employment relationship of those persons is defined solely by the manager. He is also their service superior and he is equipped with powers to apply sanctions within the system of liability for order transgressions. Thus, the employment status of deputy managers and the chief accountant differs considerably from the one of the manager of an enterprise and is much closer to the legal position of other employees, with exceptions defined in Art. 69 of the Labour Code.Item Tranzyt rozliczany realizowany w ramach konstrukcji dwóch umów sprzedaży(Wydział Prawa i Administracji UAM, 1987) Kufel, JanCleared transit may be carried out within different legal constructions, including two functionally interconncted sale contracts of which one is concluded between the actual deliverer and the clearing transitor and the other between the clearing transitor and the actual receiver. The article presents the analysis of civil law relations between the participants of cleared transit, especially between the parties to each of the sale contracts. Special attention has been paid to specific features of sale contracts consulted in order to create formal frame of cleared transit (e. g. the problem of delivery and receipt of a thing within each of the sale contracts, the question of the transfer of ownership, the due time and payment of a price). An autonomous character of each of the sale contracts has been stressed, despite the existing functional connections. Besides, the author pointed out to the raising of claims against the actual deliverer on the basis of warranty (which in relations between the units of the socialized economy in some situations allows to address claims to the producer even by a person who was not the contracting party of the producer), guarantee and torts.Item Nieznane poglądy sędziego Bohdana Winiarskiego na zagadnienie obywatelstwa i opieki dyplomatycznej(Wydział Prawa i Administracji UAM, 1987) Skubiszewski, KrzysztofJudge Winiarski was unable to take part in the last stage of the second phase of the Nottebohm case decided by the International Court of Justice in 1956. He was thus prevented from appending to the judgement his dissenting opinion. He subsequently wrote down a statement of his views, dated 15th June 1955, and circulated it among the members of the Court and some other jurists. The present contribution briefly presents Judge Winiarski's unpublished views against the background of the Court's judgement. Friedrich Nottebohm was German by birth domiciled in Guatemala. In 1939 he acquired the nationality of Liechtenstein. The Court found that the naturalization conferred on Nottebohm could not be invoked by Liechtenstein against Guatemala, and Liechtenstein was not entitled to exercise its protection in favour of Nottebohm against Guatemala. Consequently, the Court held that the claim submitted by Liechtenstein was inadmissible. Judge Winiarski disagreed. According to him, between 1940 and 1944 the Government of Guatemala regarded Nottebohm as a national of Liechtenstein, and — as a result — an official relationship arose between the two Governments. That relationship concerned the right of diplomatic protection. The naturalization of Nottebohm by Liechtenstein was lawful, while the Hague Court cannot pronounce on the interpretation and application of municipal law when done by the supreme organs of the country. Each country decides on the regularity of the naturalization brought under its laws, and the naturalization of Nottebohm remained within the domestic jurisdiction of Liechtenstein, though Judge Winiarski did not deny that there might be situations where naturalization was governed by treaties or other rules of international law. Nor did Nottebohm solicit the Liechtenstein nationality fraudulently. Having established that the naturalization of Nottebohm was valid in both municipal and international law Judge Winiarski criticized the Court for not admitting that Liechtenstein had the right to exercise its diplomatic protection with regard to Nottebohm. Any non-recognition of nationality and of the resulting right of diplomatic protection could only be based on reasons that follow from international law. The concept of effective nationality and the concept of the real connection with the naturalizing State were of strictly limited relevance in international law. Various factors adduced by the Court in this context were not conclusive in law. In particular, they did not follow from international law and were too subjective to find support in judicial decisions. In Judge Winiarski's opinion the Court's judgement went beyond positive law. Judge Winiarski also criticised the "unexpected formalism" of the Court in considering it unnecessary to have regard to certain new documents filed after the closure of the written proceedings. The Court thus deprived itself of the possibility of verifying some further facts that were alleged. The examination of these facts could have thrown new light on the admissibility of the claim submitted by Liechtenstein. Judge Winiarski thought that the Court should have adjourned the oral proceedings.Item Środki depenalizacji i ograniczania izolacji więziennej(Wydział Prawa i Administracji UAM, 1987) Tobis, AleksanderThe article concerns the world development of the criminal law policy tendency to avoid measures connected with the prison isolation and to abondon criminal proceedings in specific situations defined by law. The author discusses legal solutions and practical applications of measures denoted by the term „diversion" on an international scale (XIIIth Congress of AIDP and the activity of the European Committee for Delinquency Problems, an organ of the Council of Europe). The examples of national laws concerned Community Service and Cautioning in England/ Wales and gemeinnützige Arbeit and concialiatory proceedings in the FRG. The introduction contains terminological explanations and the summary — general evaluations and postulates.Item Ochrona prawna młodzieży w Belgii(Wydział Prawa i Administracji UAM, 1987)The author points out to the French tradition in Belgian law, especially in civil and penal law. New ideas in the civil and penal law in Belgium have deeply transformed the philosophy and enforcement of the traditional rules. The author proceeds to discuss the plan proposed by Prof. Simone Huynen showing the evolution of paternal authority over the ages. Major changes occured as a result of the French Revolution of 1789. The Napoleonic legislation modernized the parent-child relationship to a great extent. The author then explains the idea of reaching penal majority according to Roman Law and indicates the differences in the French penal code. In 1830 Belgium became an independent country and chose its own solution in the protection of youth. The author discusses the advantages and weaknesses of Belgian legislation, explaining the complex social and national set up of his country. Conflicting interests create tensions in the society, which has to choose between security and liberty, yet solutions have to be sought for and eventually found.Item Kształcenie ekonomiczne w dotychczasowej i postulowanej ewolucji systemu gospodarczego(Wydział Prawa i Administracji UAM, 1987) Wierzbicki, JanuszThe author distinguishes between four models of economic education in a socialist state, corresponding with the conditions of: market economy, centralized economy, mixed economy — where elements of centralized management prevail yet directival management is replaced by quasi-parametric management. The author considers engineering-economical studies as a separate model since the latter type is not so strongly connected with the economic system. Besides, the author analyses the demand for economists, characterizes its evolution in years 1950 - 1985 and concludes that the greatest demand has been and still is for economists-clerks, prepared to work in definite branches and occupying posts which often do not require university education at all. Much less demand is for economists-technocrats, prepared to occupy managerial positions in independent enterpries and the least demand is for highly qualified economists-managers. The latter phenomenon results from the attitudes of economic decision-makers rather than from the needs of economic reform and the slow economic evolution adds to that trend. The author is of the opinion that the system of economic training should be based on model solutions corresponding with future needs of the reformed economy with adjustements resulting from actual demand for economists; all this may lead to dualism in economic education. Supplementing the above considerations the author analyses the role of student professional apprenticeships in economic education. He points out to inappropriate conditions for such apprenticeships in economic units and he concludes that the solution of the problem of student apprenticeships should depend on the improvement of those conditions with the decision concerning the organization of such apprenticeships left to the school alone.Item The place and role of Poznań Academy of Economics in educating economists and in economic research(Wydział Prawa i Administracji UAM, 1987) Piasny, JanuszIn the first part of his article the author sketches the conditions of establishing, in 1926, the School of Trade and then stresses its scientific and teaching development resulting in the subsequent changes of names into the Trade Academy in 1938, School of Economics in 1950 and the Academy of Economics in 1974. The main part of the article includes information and evaluations as to: — the actual profile of the Academy together with its teaching disciplines and specializations; — main lines of research concerning national and local economy carried out in the Academy; — teaching and research cooperation with foreign scientific centers. The final part of the article contains prognoses concerning the research staff, the changes in the structure and fields of instruction and indicates the areas of more intensive research up to the year 2000. Throughout the whole article the emphasis is placed on the position and role of the Poznań School in the subsequent developmental phases of economic schooling of academic rank in Poland.Item Model handlu wzajemnego krajów RWPG w latach siedemdziesiątych(Wydział Prawa i Administracji UAM, 1987) Najlepszy, Eugeniusz; Karpiński, JózefThe main task of the article is the evaluation of spatial distribution of the intensity of mutual trade of the CMEA countries performed by means of selected standards of international trade intensity. The results of the statistical analysis served to build a relatively simple model of intensity and structure of mutual trade turnover within the CMEA which characterizes basic properties of trade of all the CMEA countries in the '70. In order to model those basic properties and the aim of mutual trade of the CMEA countries the method of graphic interpretation was applied. In effect, the empirical image of the system of streams of mutual trade was obtained. It resembles most the monocentric model of international trade. The central element of that system is the Soviet Union; the trade relations linking the USSR with the European CMEA countries are on the average six times more intensive than with other members of the CMEA. In effect, the Soviet Union absorbed more than 3/4 of mutual trade of the European CMEA countries what means that the trade with other member countries constituted only 1/3 of mutual trade in the analysed period. Besides, the results of the empirical analysis of mutual trade within the CMEA prove the existence of interdependence between the shaping of the level of trade intensity and the system of the structure of goods. According to that regularity, the intensity of trade within the CMEA is the function of the share of raw materials and fuels.Item Optymalny podział inwestycji między dwa sektory — wyniki badań empirycznych(Wydział Prawa i Administracji UAM, 1987) Panek, EmilThe paper is composed of two parts. In the first, theoretical one, the author presents the Leontief dynamic model and investigates the variants of the solution of the problem of optimum distribution of investment between sectors in the two-sector version of that model. The solution is obtained by means of the Pontriagin maximum principle. In the second, empirical part, the author presents the results of calculations made on the basis of statistical data concerning Poland in the years 1965 - 1975. The author critically evaluates economically unrealistic variants of solution which postulat sudden "switches" in the distribution of investment between sectors. In the author's opinion, fully realistic processes taking place in real economies are characterized by "smooth" trajectories of investments and consumption. He shows that if the rules of investments distribution between sectors resulting from that solution had been applied in years 1965 -1975, a higher level of production of means of production and similar level of production of consumption goods would have been achieved. The author indicates that in view of the above solutions the leading plans of socio-economic development formulated on the highest level of authority should cover longer periods than the five-year-ones.Item Strukturalne aspekty alokacji usług produkcyjnych w rolnictwie polskim(Wydział Prawa i Administracji UAM, 1987) Kukuła, KarolThe subject-matter of research presented in the article is the sphere of production services for agriculture in 1984. The author performed a comparative analysis of objective structure of production services for agriculture with respect to provinces of Poland. The research was supplemented by a spatial analysis of the level of availability of services. The taxonomic division gave seven groups of objects. Provinces belonging to a given group are characterized by a similar structure of services. It turns out that the division correlates with the arrangement of provinces with respect to the availability of services. It means that changes in the level of availability which take place in a given object usually cause the changes in the objective structure of services. In such a case the transformation of quantitative changes into qualitative ones can be observed. Both the structure arrangement of provinces as well as the arrangement with respect to availability of services level show considerable spatial differentiations. They are caused by the existence of regional differences as to methods of farming, technical equippment of agriculture, ownership and area structures and the state of labour force resources. The article also contains the analysis of the dynamics of spread of the availability of services scale in a spatial arrangement. The spread of the availability of services scale grows in years 1976 -1980 and slowly diminishes in years 1981 - -1984. In the West, North and South of Poland the level of availability of services is considerably higher than in the provinces of central, eastern and north-eastern parts of the country.Item Czynniki kształtujące produktywność ziemi w gospodarstwach indywidualnych o różnych kierunkach produkcji(Wydział Prawa i Administracji UAM, 1987) Pietraszewski, Aleksander; Wysocki, FeliksIn the article the authors perform the analysis of the influence of the area of farms, natural conditions, personal traits of farmers-heads of farms and the equipment with turnover means and durable goods on the productivity of land in private farms specializing in breeding cattle, sheep, hogs, in growing plants and in private farms with diversified production. The analysis was based on the questionnaire materials collected in 1982 and concerning 1892 private farms from the whole territory of Poland chosen by the random method. In the study the method of stepwise linear and parabolical regression was applied, with the value of net final production in thousands of zloties per one hectar of farming land as the dependent variable. The study indicates that specialization of production conditioned to a considerable degree the intensity and the direction of influence of the analysed factors on the productivity of land.Item Przesłanki wzrostu koncentracji ziemi w rolnictwie indywidualnym(Wydział Prawa i Administracji UAM, 1987) Wojciechowska-Ratajczak, BogumiłaThe article undertakes an attempt to define the level and the economic conditions of concentration of land in private farming. The results of the theoretical and empirical analysis revealed the existence of manifold interdependencies between the scale and dynamics of concentration of land on the one hand and the economic level of agriculture and the national economy as a whole on the other. In particular, they showed that the direct cause for dispersion of the area structure of private farming is the fact that huge quantities of labour force are tied up in that sector due to limited possibilities of its substitution with technical means of production and low professional mobility of farmers. The acceleration of the process of rational concentration of land in private farming is conditioned first of all upon changes in the branch structure of industry in favour of enterprises manufacturing means of production for agriculture, starting from big plants belonging to key industry through medium and small size local enterprises to handicraft workshops. The said process should be combined with organizing new workplaces for farmers who want to take up a job outside agriculture, in the area of their residence.Item Życiorysy studentów w badaniu dróg młodzieży do studiów wyższych(Wydział Prawa i Administracji UAM, 1987) Kowalski, StanisławThe subject-matter of the article is the problem of the value of autobiographic materials in the qualitative analysis of the process of education with respect to statistical research of those processes. In particular, the author focuses his attention on the problems of applying both methods in studies on selective functions of education being, on the one hand, the component of the socialization of individuals submitted to education and, on the other, the manifestation of the democratization of educating. The article is based on comprehensive writings and on the autobiographies of students of A. Mickiewicz Uniwersity Pedagogics Institute. The students were oriented on the specific problem of research. The author begins with the recollection of his own experience from the pre-war period in similar materials concerning the subject „My Way to Crime", i.e. concerning the analysis of disturbances of the socialization process of children and youth. Referring to the problem of collecting and describing the materials in that period, the author characterizes the method of preparing under supervision, in years 1971/2, 1972/3, 1973/4, the autobiographies of students oriented, this time, on a positive aspect of socialization, namely the problem „My Way to Academic Studies''. Next, on the background of the characteristics of extensive actions of collecting and applying autobiographic materials in scientific research in both pre-war and post-war periods as well as the characteristics of mass statistical studies on selective functions of education conducted in post-war period the author performs: 1) the quantitative (typological) analysis of collected autobiographies' distinguishing between the three types of ways to academic studies on the background of a wider socialization process: a) harmonious, constantly on a high level, b) uneven, on the border between medium and high levels, c) systematically „paved" by growing school successes; 2) the evaluation of a statistical method based on school documents and questionnaires and applied in studies on selective functions of education realized in the educational system on the background of extensive social changes. Finally, in effect of the above analyses and evaluations carried out on the setting of empirical and theoretical scientific achievements in both disciplines the author points out to the needs and possibilities of combining both approaches — qualitative (typological) and quantitative (statistical).Item Możliwości zastosowania metody statystycznej do badania autobiografii(Wydział Prawa i Administracji UAM, 1987) Suchocki, Bolesław; Szafran, Aurelia; Wawruch, KrzysztofThe article presents the proposal to apply the statistical method to analysing autobiographical materials coming from memoirs competitions. The authors offer the way of dealing with basic issues conditioning the possibility of applying statistics to such materials, i.e. 1) precise defining the collectivity being the subject of examination, 2) defining the traits (of individuals) relevant for a researcher, 3) defining the level of measurement of traits relevant for a researcher, 4) counting the number of individuals with particular traits or particular level of their intensity.Item Wychowanie jako przedmiot badań socjologicznych(Wydział Prawa i Administracji UAM, 1987) Włodarek, JanThe article undertakes an attempt to define the specificity of sociological studies of education and the sociology of education as distinct from other sciences of education. With reference to the old and contemporary research practice in the area of the sociology of education the author analyses the concept of education in the aspect of the structure of the education system and the structure of the education process. He also discusses sociological theories used in the research. In the author's opinion, in the light of the above analysis the specificity of the sociology of education finds justification through the application of sociological system of knowledge in the research process, especially the theory of social structure and the theory of social process.