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1

Weryfikacja kontrahentów jako sposób ograniczania ryzyka transakcyjnego w handlu zagranicznym

100%

Grzywacz J., Dąbrowska W.

Zeszyty Naukowe PWSZ w Płocku. Nauki Ekonomiczne

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2015

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vol. 1(21)

19-27

EN

An intensified process of internationalization of businesses of national enterprises in connection with opening of economies of other countries to an international cooperation emphasizes the importance of a contracting party who is mainly responsible for the success of transactions. The activity of enterprises on the global market is accompanied by a multi-dimensional risk of a diverse character and intensification. This article describes one of the elements conected with a transaction risk in a foreign trade, namely delays in payments on the side of foreign purchasers. For this purpose results of a research carried out in June 2014 were used. The research was performed by Atradius Credit Insurance N. V. Joint Stock Company, under the name Payment Practices Barometer, International Survey of B2B Payment Behaviour. The article specifies main reasons of occuring of outstanding settlements and practices of Polish entrepreneurs aiming at reducing the risk of a non-payment, as well as actions taken when payments are delayed. Consequences of defaults in payments substantially endanger the activity of enterprises, the cause a deterioration of a financial liquidity, sometimes they even become the reason of enterprise's bankruptcy. Therefore, it is necessary to obtain accurate an objective information allowing to assess a contracting party's credibility and solvency. The only solution is to take up cooperation with specialized domestic and foreign institutions rendering such services.

2

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

67%

Leśkiewicz K., Lipińska I.

Studia Iuridica

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2016

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vol. 66

153-167

PL

The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.

3

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

67%

Leśkiewicz K., Lipińska I.

Studia Iuridica

|

2016

|

vol. 66

153-167

PL

The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.

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2 Studia Iuridica

1 Zeszyty Naukowe PWSZ w Płocku. Nauki Ekonomiczne

2 Leśkiewicz K.

2 Lipińska I.

1 Dąbrowska W.

1 Grzywacz J.

2 2016

1 2015

Weryfikacja kontrahentów jako sposób ograniczania ryzyka transakcyjnego w handlu zagranicznym

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych

Prawne aspekty kwalifikacji stosunku prawnego jako umowy kontraktacji w świetle orzecznictwa sądów powszechnych