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Prawne i socjologiczne aspekty działalności gospodarczej w Polsce.

100%
Stradomska M., Słapczyński T.
Społeczeństwo i Edukacja. Międzynarodowe Studia Humanistyczne
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2017
|
issue 2(25)
165-178
EN
This article will refers to sociological and legal aspects of economic activity in Poland. The doctrine distinguishes between two kinds of economic law, typically administrative law and private economic law regulating civil-law relations. Both divisions of law are interlinked because they regulate the functioning of economic entities in the whole country. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.
2

BUSINESS ACTIVITY IN ADMINISTRATIVE AND PRIVATE AND LEGAL ASPECTS AS WELL AS INTERPRETATION AND COLLISION OF STATUTORY DEFINITIONS

100%
Słapczyński T.
Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
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2017
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issue 4
EN
the Polish legal system. Polish legal regulations assume in their subject matter a statutory concept of business (economic) activity. The term business activity is present in a number of detailed legal acts in an autonomic sense, independent from other also binding definitions. The research methods applied by the author of the paper contain critical analysis of the available literature on the subject, comparative analysis of regulations that govern business activity with respect to linguistic, systemic and functional interpretation. The factor of homogeneity of law with respect to the definition of business activity is also subject of analysis in the paper. There are two kinds of economic law in the doctrine i.e. public economic law (typically of administrative nature) and private economic law which regulates the civil and legal relations. Both categories of law are closely interlinked, because they are both binding and as a whole regulate the functioning of business entities in Poland. Private law regulates property and material relations of legal entities called entrepreneurs who are autonomous in legal turnover and are its equal partners. Public law regulates the relation of authoritative administrative assignment exercised by the State. The right to conduct business activity constitutes a part of public economic law, it regulates the existence of an entrepreneur, while the relations between entrepreneurs are the domain of private economic law. Business entities functioning on the market must meet a number of statutory requirements and act according to provisions of law. They must also fulfil certain obligations for the benefit of the State and other entities in business turnover. Polish regulations in force are not homogeneous with respect to the definition of an entrepreneur and business enterprise. This issue is very problematic, even though the definitions contained in various acts are very similar to one another, yet they are not uniform which, to a large extent, makes conducting business operations more complicated. Confusing legislation in force puts business entities in an uneven light before various state institutions which impose their respective obligations on the entrepreneurs. In the paper the author makes an attempt to systematize various definitions of an entrepreneur in Polish legal regulations; he also points to differences in particular acts and discusses related consequences.
3

Administracyjnoprawne oraz prywatnoprawne aspekty działalności gospodarczej – kontekst interpretacji i kolizji definicji ustawowych

63%
Słapczyński T.
Pieniądze i Więź
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2017
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vol. 20
|
issue 4(77)
81-89
PL
W doktrynie rozróżnia się dwa rodzaje prawa gospodarczego, prawo gospodarcze publiczne, typowo administracyjne oraz prawo gospodarcze prywatne, regulujące stosunki cywilnoprawne. Oba działy prawa są ze sobą powiązane, ponieważ całościowo regulują funkcjonowanie podmiotów gospodarczych na terenie kraju. Prawo prywatne w tym zakresie reguluje stosunki majątkowe podmiotów prawa – przedsiębiorców, którym przysługuje autonomiczność w obrocie prawnym, są jego podmiotami na zasadach równorzędności. Prawo publiczne reguluje stosunek władczego podporządkowania, podporządkowania administracyjnego, sprawowanego przez państwo.
EN
The doctrine distinguishes between two kinds of economic law, typically administrative public economic law, and private economic law regulating civil-law relations. Both divisions of law are interlinked because they regulate the functioning of economic entities in the whole country. Private law in this respect regulates property relations of entrepreneurs, who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state.
4

Działalność gospodarcza w polskich przepisach legislacyjnych

63%
Słapczyński T.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
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2017
|
vol. 22
47-61
EN
The doctrine distinguishes between two kinds of economic law, economic law, typically administrative law and private economic law regulating civil-law relations. Both divisions of law are interlinked because they regulate the functioning of economic entities in the whole country. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. The law of business is undoubtedly part of the public economic law, regulates the existence of an entrepreneur, and relations between entrepreneurs are the domain of private law. A company operating on the market must fulfill a number of statutory requirements and act in accordance with the law. It has a number of obligations for the State but also for other entities operating in the economy. As mentioned, an enterprise or an entrepreneur is obliged to fulfill the obligations imposed on them. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. To entrepreneurs. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.
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