Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Kolizyjnoprawne pojęcie siedziby osoby prawnej

100%
Mataczyński M.
Kwartalnik Prawa Prywatnego
|
2013
|
vol. 22
|
issue 2
277 - 316
EN
The aim of the article is to attempt an interpretation of the term ‘legal person’s seat’ used by the legislator in Article 17 and 19 of the Polish Private International Law Act. My conclusion is that the correct interpretation is the one in which this term is construed as the so-called registered office. This means a radical change to the so-called real seat concept assumed in the effective acts so far. Moreover, it generates risks which have not been known to our legal system. Consequently, a vast section of the article is devoted to relevant mitigating measures. The change of the connecting factor applicable to the personal status of a company is a complex process, which does not end with adoption of a new act or the determination of what is referred to in the German doctrine as herrschende Meinung. To operate effectively, the entire system will require not only an extensive doctrinal analysis of the issues related to conflict of laws in company law (particularly the scope of interference of the public order clause and provisions classified as overriding mandatory provisions), but also the subsequent actions of the Polish legislator – such as adoption of the act on pseudo-foreign companies or the passing of necessary amendments to provisions governing company registration. It is rightly emphasised in doctrine that the interpretation of Article 17 of the Polish Private International Law Act relies on legal doctrine and judicial practice. In view of the vast number of academic publications on this matter, the response of the third branch of government is awaited with growing interest.
2
Publication available in full text mode
Content available

What did the European Community founders actually mean by saying that the treaties shall in no way prejudice the rules in member states governing the system of property ownership? Analysis of Article 345 TFEU

100%
Mataczyński M.
Adam Mickiewicz University Law Review
|
2014
|
vol. 4
39-50
EN
The study aims at an analysis of the Article 345 of the Treaty on the Functioning of the European Union. The author presents the relation between European Union law and the member state law regulating property ownership. The author makes an attempt to answer what did the European Community founders actually mean by the treaties shall in no way prejudice the rules in member states governing the system of property ownership.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.