Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2008, nr 4

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    Spis treści
    (Wydział Prawa i Administracji UAM, 2008)
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    LIBERALIZM WE WSPÓŁCZESNEJ GOSPODARCE Ogólnopolska konferencja naukowa Poznań, 20 czerwca 2008 r.
    (Wydział Prawa i Administracji UAM, 2008) Baszyński, Adam
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Frąckowiak, Waldemar
    Podstawy makroekonomii, red. Witold Jarmołowicz, Wydawnictwo Akademii Ekonomicznej w Poznaniu, Poznań 2008, ss. 265.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Przyjemski, Stanisław M.
    Joanna Misztal-Konecka, Roszczenia majątkowe osób najbliższych dla pokrzywdzonego, LexisNexis, Warszawa 2008, ss. 234.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Gomułowicz, Andrzej
    Roman Hauser, Janusz Trzciński, Prawotwórcze znaczenie orzeczeń Trybunału Konstytucyjnego w orzecznictwie Naczelnego Sądu Administracyjnego, LexisNexis, Warszawa 2008, ss. 126.
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    CZAS WOLNY W CZASIE ŻYCIA. PRZYCZNEK DO ANALIZY SPOŁECZEŃSTWA NOWOCZESNEGO
    (Wydział Prawa i Administracji UAM, 2008) Lipski, Aleksander
    The paper seeks to answer the question o f the importance of leisure and the role it plays in the modern society dominated by the paneconomic ideology claiming its subsequent areas. Regardless of the socio-demographic parameters o f any social categories, leisure becomes an object o f marketing and is ultimately commercialised. As such, it is also a part of a hedonistic syndrome of consumption as well as a pursuit for fashionable gadgets and easy and effortless entertainment. It is a phenomenon that must be challenged by both, those whose social rank and idea o f prestige demand constant reference to its lack, and those who are marginalised and excluded from the society, although desperately trying to hide the excess of the “empty” time at their disposal.
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    GLOBALNY PROBLEM ŻYWNOŚCIOWY - TYPOLOGIA KRAJÓW WEDŁUG STOPNIA NIEDOŻYWIENIA
    (Wydział Prawa i Administracji UAM, 2008) Poczta, Walenty; Pawlak, Karolina; Dec, Maria
    There is a significant difference in economic development and food production worldwide, the result of which is food shortages, undernourishment and starvation on the one hand, and constant excess of food production and excessive food consumption, on the other. The main aim o f the paper was to assess the food situation in the regions affected by food shortages, and to recommend some ways in which their situation could be improved. The analysis was based on the data available from the Food and Agriculture Organisation of the United Nations (FAO) which covered 107 countries inhabited in 2003 by a total of 814 million starving or undernourished people, accounting for 95% of the total population suffering from starvation or undernourishment. Using the methods of a cluster analysis, those countries have been grouped under 8 different but internally uniform typological categories. At the same time the complexity and multidimensional aspect of the issue has been indicated.
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    POLITYCZNO-INSTYTUCJONALNE ASPEKTY DEFICYTU BUDŻETOWEGO
    (Wydział Prawa i Administracji UAM, 2008) Struś, Piotr
    Many countries of the world - both developed and developing - have systematically run budget deficits, especially since 1970s. Fiscal positions, even within economically homogeneous groups of countries, have also varied. Economic arguments alone are not sufficient to explain the cross- -countries differences of budget deficits that are being observed. Therefore, recent political economy literature emphasises the role of political and institutional factors in the explanation of the fiscal policy and, in particular, of the budget balances behaviour. This paper surveys a set of political - institutional models of budget deficits. It starts with a review of the “tax smoothing” theory. This theory serves as a normative benchmark from which the political-institutional models depart.
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    ROLA PRZEJRZYSTOŚCI I ODPOWIEDZIALNOŚCI POLITYKI PIENIĘŻNEJ BANKU CENTRALNEGO
    (Wydział Prawa i Administracji UAM, 2008) Musielak-Linkowska, Magdalena
    The paper focuses on quality aspects of the monetary policy carried out by central banks, such as the recently emphasised transparency and democratic responsibility, and presents the role of such an institutionalised framework of the monetary policy in the communication strategy of central banks, its influence on the “perception” of the monetary policy by financial markets and the public, and the responsibility of relevant authorities for decisions made. Different types of transparencies and the manner in which democratic responsibility is interpreted have been characterised. Their links with the independence of contemporary central banks and the benefits flowing form a transparent monetary policy as well as consequences of a democratic responsibility on the monetary policy have been emphasised.
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    SYNCHRONIZACJA CYKLU KONIUNKTURALNEGO A REALNA KONWERGENCJA POLSKI ZE STREFĄ EURO
    (Wydział Prawa i Administracji UAM, 2008) Stefański, Ryszard
    The real convergence of Poland with the euro zone is essential if the country is to enjoy the full range of benefits from the joining of the European Currency Union. The most important criterion of a successful monetary policy is the synchronisation of the Polish business cycle. The aim of the paper is to estimate the degree of real convergence of the Polish economy with the euro zone, which manifests itself in the synchronisation of the broadly understood business cycle, taking into account such factors as production, prices, the labour market and economic relations with foreign countries. A relatively strong synchronisation of the business cycle in Poland and in the euro zone has been observed in import and export, while in the case of industrial production the synchronisation is much weaker. At the same time, no synchronisation for the GDP, the rate of unemployment, or inflation has been found. It can be concluded that the business cycle of the Polish economy is only to a small degree synchronised with the euro zone countries. This means that Poland is not the optimal currency area with the euro zone and may be exposed to asymmetric demand and supply shocks. This, in turn, limits the potential benefits for Poland from the joining the euro zone in the near future.
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    CECHY PAŃSTWA SPRZYJAJĄCE ROZWOJOWI GOSPODARCZEMU
    (Wydział Prawa i Administracji UAM, 2008) Piątek, Dawid; Szarzeć, Katarzyna
    In the 80s of the 20th century an interest in economic growth reappeared and its main determinant - the Total Factor Productivity (TFP). Among the many factors that influence the increase in TFP, the role of the state is particularly emphasised. The purpose of this paper is to present a discussion about the relations between “good governance” and the economic growth. Government institutions that should be created, obeyed, protected and strengthened to stimulate the economic growth have been identified. Four of them have been analysed in detail: economic freedom, ownership, rule of law and democracy. The relationship between those institutions and economic growth has been discussed on the basis of the review of the relevant literature.
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    KONTROWERSJE WOKÓŁ POMIARU DOBROBYTU SPOŁECZNEGO
    (Wydział Prawa i Administracji UAM, 2008) Godłów-Legiędź, Janina
    Measurements of social welfare reflect the system o f the values that prevail in the societies that use them. Gross national product as a measurement o f the economic development and social welfare may be considered as an extremely important feature of the second half of the 20th century. On the one hand it provides the knowledge o f the state of economy and the level o f satisfaction o f the needs of a contemporary man, or it may be viewed, on the other hand, as a manifestation of the last decades’ philosophy predominantly present among the inhabitants of Europe, North America and Australia. Apart from that measurement, however, which from the orthodox economy perspective is the most important, the achievements and failures of the man may be also measured and assessed by such measurements as the life span, leisure time and related to it opportunities of self-realisation, the degree of social inequalities, or level of exploitation of natural resources and environmental degradation. A review o f different approaches to the measurement o f social welfare leads to the conclusion that creation of a synthetic performance probe, or measure, free from objections as to its partiality or discretion, is very difficult, i f not impossible. This is because of the impossibility to take a completely objective view of the values that are fundamental in the process of satisfying the needs of a man. Comparing welfare in time and space and analysing the effects of an economic growth it should be remembered that the described reality depends heavily on the choice of measurements used to evaluate it. Thus, the research economist’s responsibility as well as that of a teacher calls for accounting for a number of different measurements of welfare and social development.
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    WEKSEL JAKO ZABEZPIECZENIE ROSZCZEŃ PRACODAWCY
    (Wydział Prawa i Administracji UAM, 2008) Czechowski, Marcin
    There is a view in jurisdiction and labour law literature that a bill of exchange is an admissible instrument to be used as an employer’s security o f claims against an employee. In reality, labour law as an independent branch of law regulates almost exclusively all matters connected with labour relations. Although the legislator admitted, in article 300 of the labour code, the application of relevant regulations of the civil code, this is only possible in matters not regulated by labour law, and on condition, that those civil code regulations are not contradictory to the principles of labour law. Such a shape of the regulation has important consequences. This means that other civil code regulations may be applied, to take as an example the law on the bill of exchange. An action to the contrary would lead to the infringement of the legal norm stipulated in article 300 of the labor code. Unfortunately, this, as well as a number o f other (substantive and procedural) reasons that speak for the inadmissibility of the application of a bill of exchange in labour relation are mostly disregarded by the representatives of jurisdiction and jurisprudence. One may only hope that the legislator will become aware of the problem resulting from the illegal use of the bill of exchange in labour relation and will himself decide to introduce appropriate amendments to the existing labor code regulations.
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    REJESTRACJA I ZMIANA NAZWISKA
    (Wydział Prawa i Administracji UAM, 2008) Łakoma, Sylwia
    A surname - apart from a name - is a very important element when it comes to the confirmation of the identity of a particular person. It is necessary for official determination o f a person in order to distinguish him/her in social contacts with other people. The surname is a legal category. It is a personal interest protected by law. Registration of the surname and its use is a person’s legal right as well as a duty. This, in turn, implies both, the stability and legal protection the registered name, and the existence of a legal possibility to change the surname, i f justifiable. Registered name is a notion present in public and private law. An initially given surname is related to the birth and indicates the person’s descent. Legal registration o f a name involves drawing up the birth certificate o f a newly bom child. This may take the form o f primary or secondary proceedings. However, the change of the originally registered name, regardless of the reasons, moves the registration o f a new name into the category of secondary proceedings. A registered name usually remains unchanged until marriage, which is compliant with art. 25 § 2 the Polish Family and Guardianship Code. Other changes of surname pursuant to the aforementioned Code are connected, among others, with child adoption. Apart from the possibility of the change of surname based on the Polish family law, there are regulations providing for the possibility o f an administrative change of surname - “because o f serious reasons”. These issues are regulated by the Change of Surname Act which defines the rules and the process of the change of surnames (and names). In principle, the change o f surname is carried out at the request and upon on application of the person bearing that name and follows the declaration of that person’s will. An exception to the principle applies to minors, where an application for a change of name is filed by their statutory agents acting on their behalf (sometimes with the minor’s consent).
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    PRZYRZECZENIE PUBLICZNE - WYBRANE PROBLEMY SEMIOTYCZNE I DOGMATYCZNE
    (Wydział Prawa i Administracji UAM, 2008) Mularski, Krzysztof
    Some of the achievements of the modem semiotics have been used in the paper to analyse the regulations of a public promise of a reward as laid down in the Polish Civil Code (art. 919 and the following). In the author’s opinion, public promise of a reward - contrary to the practically unanimous opinion of civil law dogmatics - can be addressed to a definite subject, indicated by an individual name. The paper also presents certain specific social functions that can be performed by the institution of public promise. Public promise o f a reward, which should be considered as an inducement to undertake a certain action, allows to realise some positively regarded situations, the achievement of which would not be possible without the existence of a civil law contract. However, a reward cannot always be considered as a “performance” in terms of civil law. Some rewards require that certain conventional actions must be taken, and be based on rules which ensure full voluntariness on the part o f the subject undertaking such an action. Consequently, this kind of rewards cannot be enforced (in the meaning of the term) and the sanction for non-fulfilment of a promise should be sought among the rules which regulate infringement of personal rights rather than non-performance of a contract. 66
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    WYKONYWANIE KOMPETENCJI PRAWOTWÓRCZYCH PRZEZ ORGANIZACJE MIĘDZYNARODOWE W RAMACH SYSTEMU CONTRACTING OUT
    (Wydział Prawa i Administracji UAM, 2008) Buchowska, Natalia
    The deliberations included in the paper relate to the issue of international organisations exercising their competences by to make laws under the contracting out system and focus on the regulatory activity of the International Civil Aviation Organisation (ICAO), the World Health Organisation (WHO) and the World Meteorological Organisation (WMO). The types and composition of organs that adopt law making resolutions, the legal character and binding force o f those resolutions and a detailed manner in which they are passed have been analysed. The main conclusion is that law making competences are not the exclusive domain of highly institutionalised and integrated international organisations such as the European Union, but are also enjoyed by universal specialist organisations within the structures of the United National Organisation. The effect of those competences is a significant number of law making resolutions regulating such important matters as civil air transport or health protection. The paper also contains certain criticism indicating, inter alia, the difficulty for the legislation to keep pace with technological development, legislative mess, lack of transparency in law-making procedures, and last though not least, insufficient use of the available law-making instruments.
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    MIESZANE SYSTEMY WYBORCZE I ICH ZGODNOŚĆ Z ART. 96 UST. 2 KONSTYTUCJI RP
    (Wydział Prawa i Administracji UAM, 2008) Jarentowski, Marek G.
    The paper presents different models of a mixed electoral system and offers examples of their application. The main focus is put on the correction (German) model of the electoral system, which is interesting insomuch that after certain modifications proposed in the paper it could be applied in parliamentary elections in Poland. What is more, as the author sees it, the application of that system would not require any amendments to the Constitution that stipulates that parliamentary elections must be proportionate. Legal arguments supporting the possibility of implementing a correction system in Poland have also been presented and a parliamentary proposal of a mixed electoral system has been discussed.
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