Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 3

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    Spis treści
    (Wydział Prawa i Administracji UAM, 2003)
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    NEKROLOGI PROF. DR HAB. PIOTR BUCZKOWSKI (1950 - 2003)
    (Wydział Prawa i Administracji UAM, 2003) Matczak, Piotr
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    SPRAWOZDANIA I INFORMACJE. JUBILEUSZ OSIEMDZIESIĄTYCH URODZIN PROFESORA WACŁAWA WILCZYŃSKIEGO
    (Wydział Prawa i Administracji UAM, 2003) Ratajczak, Marek; Mendys-Lamenta, Lucyna
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2003) Świątkiewicz, Wojciech
    Zbigniew Tyszka, Rodzina we współczesnym świecie, Wydwanictwo Naukowe UAM, Seria Socjologiczna nr 31, Poznań 2002.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2003) Raciniewska, Alicja
    Obraz Polski i Polaków w Europie, pod red. Leny Kolarskiej-Bobińskiej, ISP, Warszawa 2003, ss. 344.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2003) Żabińska, Joanna
    Rynek papierów wartościowych w Polsce - wybrane problemy, pod red. Wiesławy Przybylskiej- Kapuścińskiej, Wydawnictwo AE w Poznaniu, Poznań 2002, ss. 310.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2003) Budzianowski, Roman
    Alberto Germano, Eva Rook Basile, La disciplina comunitaria ed internazionale del mercato dei prodotti agricoli, G. Giappichelli Editore, Torino 2002, ss. 335.
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    „UNIWERSALNE WARTOŚCI” A REGIONALNE DOŚWIADCZENIA (EUROPA ŚRODKOWA WOBEC WSPÓŁCZESNYCH DEBAT O WARTOŚCIACH I CELACH ROZWOJU)
    (Wydział Prawa i Administracji UAM, 2003) Ziółkowski, Marek
    The paper discusses the role and diffusion mechanisms of Western values and development ideals which propagate in Central Europe as the axiological basis of the „imitative modernization” of the societies in the region. Some of those Western values seem to have been „Hellenized”, i.e. accepted because of their inherent qualities but others have been mostly culturally imposed by the worldwide power of their carriers. While the democratic values in the political sphere seem to be Hellenized, the ideals of both economic order (market vs. state intervention) and cultural order (individual choice and tolerance for alternative life-styles vs. tradition and community) are a subject of heated debate. The West views liberty as the most important value and panacea for social problems, Central Europeans would rather like to have a better equilibrium of liberty, equality and fraternity (or communitarian solidarity).
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    ZNACZENIE FINANCIAL SERVICES ACTION PLAN DLA BUDOWY WSPÓLNEGO RYNKU FINANSOWEGO W UNII EUROPEJSKIEJ
    (Wydział Prawa i Administracji UAM, 2003) Kowalak, Tomasz
    A Single Financial Market has long been an objective of the European Union. Despite the progress made in integration of financial markets in previous years, there is still a long way to travel. Differences in legal systems, differences in taxation, political and cultural barriers are the main obstacles in this context. To solve all the problems that hinder the benefits of fully integrated financial markets, in May 1999 the European Commission adopted the Financial Services Action Plan (FSAP). Financial Services Action Plan covers a vast area of financial activity and comprises 42 separate measures that are designed to complete the legislative framework for the internal market in financial services. These measures relate to both wholesale and retail markets and are categorized under a series of general action priorities (for example: establishment of common rules for integrated securities and derivatives markets, facilitating cross-border payments, etc.). FSAP also contains measures relevant to the prudential supervision of an integrated financial system, as well as measures that are designed to improve the general conditions for financial efficiency (corporate governance, taxation). All measures should be adopted and transplanted into national laws of the Member States by 2005. By June 2003, 34 out of 42 original measures had been finalized while the remaining 9 are being negotiated. The commitment of the European governments to implement the assumptions of a single financial market is substantial. Despite the adoption of 34 measures of FSAP, some barrier still remain. The main problem within this realm is related to the speed and quality of implementation of particular measures of FSAP. Nevertheless, it is hoped that the implementation of Financial Services Action Plan will help to achieve the single financial market or at least help to implement the majority of its assumptions.
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    ZAWARTOŚĆ INFORMACYJNA NABYWANIA AKCJI WłASNYCH
    (Wydział Prawa i Administracji UAM, 2003) Będowska-Sojka, Barbara
    The literature on the subject points at the signalling hypothesis as one of the reasons for shares repurchase. This paper describes the market reaction to announcement of buy-back. It has been found that a statistically relevant, abnormal rate of return occurs in 5, 7, 9, 11, 21 and 41 day time frame around the day of announcement. Based on the sample group of 42 announcements of share repurchase it is highly probable that the reaction of the market to buy- -back would be strong and positive in the short term. As compared against other markets, abnormal rates of return on the Polish market are relatively high. In order to verify the signalling hypothesis, a regression analysis has been adopted together with the explanatory variables recommended in the literature. According to the hypothesis, there is a stronger market reaction to the announcement of share repurchase published by smaller companies which are characterized by greater information asymmetry. A characteristic feature in this case is also a positive reaction of the market to the repurchase of a greater share stake. The signalling hypothesis also argues that companies announce share buy-back after the value of their shares deteriorated. The conducted regression analysis has not corroborated the fluctuation of the variable describing the share risk, which proves to the contrary of the signalling hypothesis. Here, the cumulated abnormal return decreases with the increase in the share risk. Such reaction of the market may be ascribed to unwillingness o f investors to buy high-risk shares. Unfortunately, a relatively small sample and a short research period prevent a detailed analysis of the changes in the company profits. Further research on the subject will allow further verification of the signalling hypothesis on the Polish capital market. However even now it can be argued with a certain degree of probability that, similarly to foreign markets, by means of share repurchase the companies signal undervaluation and that the Polish market is not very different from the mature capital markets.
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    ZAGRANICZNE INWESTYCJE BEZPOŚREDNIE W PERSPEKTYWIE PRZYSTĄPIENIA POLSKI DO UNII EUROPEJSKIEJ
    (Wydział Prawa i Administracji UAM, 2003) Czerwieniec, Eugeniusz
    Tightening integration of Poland and the European Union states is evidenced also by the adopted legal regulations concerning the freedom of capital flow. The changes in the Polish legislation translate into more investor-friendly atmosphere that promotes more active, mutual investment activity of both entities based in the Union states as well as Polish businesses. Taking a closer look at the changes in the scale, pace and directions of mutual direct investment, presented in the paper, as well as based on the investors’ opinions, it can be argued that the prospect of the Poland’s accession to the Community becomes an ever more important factor stimulating foreign investors to select our country as the destination of their investment resources and also stimulates Polish investors to use investment opportunities in the European Union. Although Poland currently seems less attractive in terms of investment, the opinions of many foreign investors pinpoint an array of positive aspects that enhance the attractiveness of the Polish economy. Furthermore, many of the factors deterring investors from allocating their resources in Poland is bound to lose importance upon accession of our country to the European Union. This situation provides solid grounds for hoping that the inflow of foreign capital to Poland will be substantial after we have obtained full membership. It can be expected that Polish businesses will also be more active players on the market of intra-Community direct investment.
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    ETYKA ZAWODOWA MAKLERÓW PAPIERÓW WARTOŚCIOWYCH I DORADCÓW INWESTYCYJNYCH
    (Wydział Prawa i Administracji UAM, 2003) Bartkowiak, Marcin
    The paper examines the professional code of conduct of brokers and investment consultants. The author specifies the notion of profession and professional code of conduct, goes on to name arguments for and against setting up codes of conduct and describes circumstances under which they can be set up. The last part of the paper deals with the code of professional conduct of the concerned professional groups in Poland and legal regulations as well as statistics on infringement of these regulations.
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    EKONOMETRYCZNE MODELE PRZESTĘPCZOŚCI
    (Wydział Prawa i Administracji UAM, 2003) Sztaudynger, J. Jacek; Sztaudynger, Marcin
    This paper analyzes economic factors of criminal activity, some prominence is also given to certain legal and sociological aspects. The presented results to a large extent conform to the model created by P. Fajzynbler, D. Lederman and H. Loayza. The phenomenon of criminal activity can be precisely described in a formalized, model-like manner. Empirical verification of the model indicates that criminal activity is to a large extent motivated by economic factors and can be explained in terms of decisions based on the analysis of costs and profits to be derived from criminal actions. Therefore, the phenomenon of criminal activity is not merely an outcome of low moral standards of individual persons from the dregs of the society. This statement has been verified by the data not only from Poland but also other countries. However, it is not to provide a ready-made excuse for criminal activity but rather a hint for the national policy makers showing how to eliminate the broadly understood “chances” The verification of the model displays to what extent criminal activity can be reduced while improving the law enforcement rate. The research also indicates that the focus on economic growth, bridging the income gap, decreasing alcohol consumption and reduction of unemployment can to a large extent counteract the persistence of criminal activity. It should be not that in Poland criminal activity is tightly interconnected with unemployment. One percentage point higher in the unemployment rate has caused the increase in the criminal activity rate by as much as 2.8%. This figure serves as yet another case for fighting unemployment. The level of income earned by the population can impact the criminal activity rate either negatively or positively. By 1900 the beneficial negative impact prevailed, however after 1990 the income rate has been stimulating criminal activity, which goes on to prove that system transformation has come at a price.
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    NIEZAWIADOMIENIE O WYPADKU PRZY PRACY LUB CHOROBIE ZAWODOWEJ (PRZESTĘPSTWO Z ART. 221 K.K.)
    (Wydział Prawa i Administracji UAM, 2003) Jachimowicz, Marcin
    The crime described under Article 221 of the Criminal Code has been introduced to the Polish Criminal Law for the first time by the Criminal Code of 1997. Before that, this act was prosecuted under Article 283 § 6 section 6 of the Labor Code. This crime primarily covers failure to notify the relevant institution of a mishap at workplace or professional illness, or failure to submit appropriate documentation of such event. The paper begins with the analysis of the rights protected under Article 221 of the C.C. (right of employee to safe and hygienic work environment), crime subject (person obliged to notify of a mishap or illness and to prepare the necessary documentation) then proceeds to the analysis of willful character of the crime (direct or conceivable) and the analysis of the definition of mishap at workplace as provided by the Polish Law. The author also focuses on the issue of professional illness, providing a full list of such illnesses and details a procedure of notification of their occurrence. The paper ends with the description of the consequences of failure to prepare the necessary documentation of a mishap at workplace (determination of causes protocol) or professional illness and the description of regulations that govern the notification procedure.
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    POWRÓT DZIECKA DO RODZINY BĄDŹ FAKULTATYWNE POZBAWIENIE WŁADZY RODZICIELSKIEJ
    (Wydział Prawa i Administracji UAM, 2003) Sokołowski, Tomasz
    The institution of facultative deprivation of parental authority makes the court intervention conditional on the assistance provided to families living in severe conditions and whether such assistance has been duly used by the parents. The assistance provided pursuant to the new Article 109 § 4 of the Family and Custody Code by the county (powiat) centre for assistance to families is obligatory and has been designed to facilitate the return of a child to his or her natural family. In the event that the pathology persists irrespective of the assistance provided, the child will remain with the foster family or custodial institution and the parents will their parental authority restricted. However, if the welfare of the child requires so, facultative deprivation of parental authority can also be applied following the provisions of the new Article 111 § la of the Family and Custody Code. It is based on the conjunction of two grounds: firstly, „provision of due assistance” and secondly, the persistence of state of affairs in the family that formed the basis for the provision of the assistance under Article 109 § 2, clause 2 of the Family and Custody Code. Furthermore, the new provision under Article 579 of the Civil Procedure Code requires that the court periodically monitor the situation of the child and, in isolated cases, initiate the procedure for deprivation of parental authority. However, the initiation of such procedure does not necessarily entail actual deprivation.
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    RYZYKO PRZYPADKOWEJ UTRATY LUB USZKODZENIA TOWARÓW SPRZEDAWANYCH W TRAKCIE PRZEWOZU DROGĄ MORSKĄ
    (Wydział Prawa i Administracji UAM, 2003) Filipiak, Anna
    A substantial period of time often passes between entering into a sales agreement and its execution. During this period goods can be shipped, stored or be under other circumstances that render impossible proper control over them by both vendor and buyer and at the same time increase the risk of accidental loss of or damage to the goods. The risk of accidental loss or damage entails encumbering one of the parties to the agreement with negative consequences of such events. From the standpoint of the buyer, such ramifications amount to the obligation to pay, whether or not the goods have been damaged or lost and the possibility of demanding the fulfillment of mutual obligations from the vendor could not be exercised. The determination of share in the risk of accidental loss or damage of goods is a difficult task due to conflict of interest existing between the parties. The objective of the vendor is to transfer the risk as soon as possible while the buyer is eager to accept the risk as late as possible. This issue becomes crucial for goods that are shipped by sea (the so-called „goods at sea” since sea shipment in most cases takes place over long distances. The traditional stance says that the transfer of risk occurs at the moment of entering into an agreement, transfer of ownership, transfer of physical control over merchandise and also at the point when the vendor has fulfilled all contractual obligations. In terms of „goods at sea”, new solutions are being explored, guided by the rule that the party that can obtain cheaper insurance against loss or damage of merchandise and is able to be paid effectively and without unnecessary delay for the loss or damage by the insurer and shipping company as well as wield better control over the merchandise during shipment, should be obliged to be encumbered with the risk. Article 68 of CISG provides for special rules on the transfer of risk of loss or damage of the goods during shipment. The lack of a corresponding regulation in the Polish law should be compensated for by an appropriate interpretation of Articles 544 and 548 of the Civil Code.
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    SWOBODA ŚWIADCZENIA USŁUG W UNII EUROPEJSKIEJ
    (Wydział Prawa i Administracji UAM, 2003) Strzelbicki, Michał
    Freedom to render services, freedom of movement of goods and employees, freedom of business activity, free flow of capital and payments are the key freedoms constituting the framework of the European Union. This paper presents the freedom of rendering services viewed from the standpoint of scope of entities (categories of entities that can enjoy this freedom), subject of the freedom (range of rights enshrined in this freedom) and rules on the basis of which an entity that falls within the scope of entities enjoying this freedom and conducting activities that are categorized under the subject scope of the freedom to render services should be treated. The paper also presents the essence of the freedom to render services, ways and means of its restriction and examines the freedom to establish business entities. The author also examines the regulations concerning rendering of services that are included in the European Treaty, focusing on the consequences of Poland’s accession to the European Union in terms of cross-border rendering of services by Polish citizens and businesses.
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    PRZEPISY WYMUSZAJĄCE SWOJE ZASTOSOWANIE W POLSKIM PRAWIE KONSUMENCKIM
    (Wydział Prawa i Administracji UAM, 2003) Mataczyński, Maciej
    This article deals with the issue of mandatory rules in consumer law. Mandatory rules are those rules of national legal order that are applied to contractual relationships irrespective of the law applicable, as a result of choice of law or indication of connecting factor (also known as lois d’application immediate or Eingriffsnormen). Consumer law is on of the areas of private law where process of harmonization of the Polish law with the EU law is the most advanced. The article contains a survey of Polish laws implementing EU directives on imposed terms in consumer contracts, product liability, consumer credit, contracts concluded outside business premises and distance contracts. The paper examines the way in which the Polish legislator treats mandatory rules. The author includes several specific remarks concerning particular consumer law institutions. In the summary, the author notes certain incoherence between EU directives and their Polish implementation.
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    KARTELE EKSPORTOWE W ŚWIETLE PRAWA OCHRONY KONKURENCJI
    (Wydział Prawa i Administracji UAM, 2003) Molski, Rajmund
    The term export cartels denotes agreements between companies operating in the same industry which aim at restricting (or even eliminating) mutual competition in export of the goods (or services) offered on one or more foreign markets. Such dealings are coordinated between independent companies and replace their unconstrained decisions on export of goods or services to foreign markets with an arrangements on prices, production volume or other business parameters. Not all cooperation agreements between exporters can be deemed to involve export cartel definition. Furthermore, not all export cartels are detrimental per se or even from the standpoint of importing country. Increased productivity and competition-friendly impact on the export in the source country may also prove beneficial for the consumers of the importing country. This is notably true of the cartels of innovative character that aim at research and development cooperation (R&D cartels). However some forms of cartelizing, both domestic and exporting, bring about particularly negative consequences for the operation of markets (the so-called „hardcore cartels”). The paper examines different forms of the various cartels, presents their typology and analyzes their activities worldwide, providing examples of their operations on the world market. It also explains the rationale behind their establishment and consequences of their operation from the standpoint of competition regulations.