Zrzeszenia obowiązkowe przedsiębiorstw państwowych
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Date
1984
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Compulsory unions of state enterprises
Abstract
The article discusses essential questions related to organization and functioning
of compulsory unions of state enterprises in the light of the State Enterprises Act
of 1981 and of implementing orders of the Council of Ministers. The following are discussed: premises of forming compulsory unions, their normative tasks, problems
of entering into a contract of union creation, its contents (including a problem of
judical intervention into the contracting process), contents and legal character of
union's statute. A subject of principles of union functioning and of their organs
(union council and director) was also treated in detail.
The authors advocated that compulsory unions are a form of grouping state
enterprises which cannot be considered as a continuation of associations of enterprises
abolished in 1962. Although the unions are created in execution of the decision
of the Council of Ministers which bindingly defines several contractual provisions
creating the union, but they are not organs of economic administration (as
the previous associations used to be). Consequently they have no competence to interfere
into enterprises' operation in administrative mode. The council of union is
entitled to make resolutions binding for union members, on the grounds of competence
resulting from the contract of union creation, but a breach of those resolutions
can result only in sanctions of civil law (civil liability for damage).
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 77-94