Uniﬁkacja i kodyﬁkacja prawa o spółkach akcyjnych w II Rzeczypospolitej Polskiej
Uniﬁcation and Codiﬁcation of the Law on Joint-Stock Companies in the Second Polish Republic
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The text is about the uniﬁcation and the codiﬁcation of the law on joint-stock compa- nies in Poland in the years 1918–1939. The author analyses the process of preparing the draft, which led to the President’s decree from March 22nd, 1928, Law on Joint-Stock Companies (Journal of Laws No. 39, item 383). This decree was subsequently included into the Commercial Code, which was passed as the President’s decree from June 27, 1934, part I (Journal of Laws No. 57, item 502). As the author endeavours to prove, the law on joint-stock companies was a common work of the Codiﬁcation Committee, esta- blished in 1919, and the Ministry of Industry and Commerce. The main contribution to the works was made by professor Aleksander Doliński, who was chairman of the sub- committee of commercial law in the Codiﬁcation Committee. Also dr. Witold Supiński, legal counselor in the Ministry of Industry and Commerce, played an important role. In the last phase of works on the Commercial Code, the contribution of professor Tade- usz Dziurzyński should be mentioned. The author then characterizes the basic grounds of Polish law on joint-stock companies. He expresses that the normative system, instead of concession system, was implemented (with some exceptions). Like other modern le- gal systems, the law did not construct the deﬁnition of the joint-stock company, but pointed out the important elements which diﬀerentiate it from other companies. The author examines these elements. In conclusion he expresses that Polish law on joint-stock companies was an original law, based on domestic experience of commerce. However, it referred to the German Handelsgesetzbuch from 1897 (§ 178–319 HGB).
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