Search results

1

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

100%

Woźniak M.

Opolskie Studia Administracyjno-Prawne

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2019

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vol. 17

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issue 2

125-132

EN

The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.

2

Zakres odpowiedzialności podatkowej spadkobierców i zapisobierców zwykłych – zarys problematyki

94%

Babiarz S., Administracyjny N. S.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

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vol. 74

EN

This study provides an introduction to the legal succession model of heirs and legatees in tax law. The author presents this model referring to the normative context and the interpretation of law, including judicature in this matter. He indicates the conditions that must be met in order for the situation in question to comply with standards of the constitutional protection of property rights and inheritance law.

3

Legal Protection of Property Rights in the Self-Regulating United States Local Recording System

94%

Szypszak C.

Adam Mickiewicz University Law Review

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2019

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vol. 9

EN

In all legal systems with private property, the government provides a mechanism for owners and lenders to make a public record of their rights. In most countries, the gov-ernment restricts access to this public record and allows entries into it only after a public official approves it. By contrast, no government entity in the United States regulates, confirms, or guarantees the typical real estate ownership transfer. How this works is not readily understood even within the United States, where owners and lenders rely on attorneys and other professionals to examine and understand the public record and to record instruments that protect their clients’ property rights. This article describes the laws and legal customs that underlie this self-regulating system, including how they dif-fer fundamentally from land registration in other countries, and the emerging challenges to its reliability.

4

How to Define Property Rights? A Social Documentation of the Privatization of Collective Ownership

94%

Xiaoye Z., Yingying C.

Polish Sociological Review

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2009

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vol. 167

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issue 3

351-372

EN

Since rural China began to implement economic structural reforms in the late 1970s, township and village collective enterprises (TVEs) have attained significant expansion for a long time. They have became not only sections with most rapid economic development, but also experimental sites for the rural reconstruction of “common prosperity.” However, since the mid-1990s, TVEs have been experiencing a property rights transformation of rapid privatization. One of the noteworthy social consequences of this transformation is how the redefinition of property rights may lead to new differentiation and distribution of wealth and resources, in whose hands will wealth concentrate, and whether the concentration process will lead to new inequalities. Exploring the social process of property rights definition can help our understanding and analysis of these questions. Moreover, empirical materials concerning this process are complete and abundant, furnishing the sufficient conditions for new examinations and summaries on their basis.

5

The new institutional economics - main theories

94%

Obińska-Wajda E.

Finansowy Kwartalnik Internetowy e-Finanse

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2016

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vol. 12

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issue 1

78-85

EN

The aim of this arti cle is to show that the New Insti tuti onal Economics is an interdisciplinary stream combining economics, law, organizati on theory, politi cal sciences, sociology, and anthropology. The main theories which are part of the New Insti tuti onal Economics are: Agency Theory, Property Rights Theory and Transaction Costs Theory. The basic assumptions of these theories are mentioned in this paper. This article is an introduction to the New Institutional Economics and its main theories. For this purpose, it presents a brief guide for those who are interested in the New Institutional Economics. Finally, the article is accompanied by a short review of examples of empirical studies connected with these theories.

6

Prawa własności filarem rozwoju gospodarczego

94%

Zalesko M.

Ekonomia - Uniwersytet Ekonomiczny we Wroclawiu

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2013

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issue 4 (25)

92-102

EN

Property rights consideration is one of the most important matters which is discussed in the theory of economy. It is worth emphasizing that till the mid 20th century the property was not valued in the main stream of economy. From the 60s of the previous century property rights theoreticians (among them A. Alchian, H. Demsetz, R. Coase, S. Chenung, L. de Alessi, S. Pejovich, E. Furubotn) endeavored to put a property category in merited place in the economic science. In the opinion of modern economists, especially those related to institutional economy current property (understood as a type of rights) is one of the most significant elements of economic development – a problem which is still a fascinating research area, even on the grounds of its complexity. It is argued for constantly deepening development discrepancies between various social categories, among others, additionally more and more visible contrasts in the development of individual countries. Therefore, the aim of this article is to present a theoretical conceptualization of property rights in economy. Furthermore, it is attempted to describe how the property rights impact the level of the economic development. Property rights understood as a socially sanctioned relationships between people, which refer to the use of resources, have a significant impact on economic development. They are in fact one of the main architectural elements of the institutional environment of a developed country. Their primary function is to mitigate or eliminate the tensions which arise as a result of the management of economic potential. Constitutionally guaranteed property rights of exclusive, transferable and residual character limit the uncertainty of the management by establishing a stable structure for human interaction (e.g. highly-developed countries). Otherwise, when the adequate platform to respect property rights has not been created, we have to deal with more difficult business conditions (such as in underdeveloped countries). From the perspective of the theory of property rights, the economy which expanded in the highest degree is the one which is based on a private property – exclusive and fully transferable. In the economies where this type of property rights is dominant there are relatively good conditions for the best allocation of resources, in relation to the economies of the dominance of state or communal ownership. It is worth emphasising that as a result of well-defined property rights, a person can devote more effort to productive activities, which in turn contributes to the growth of social welfare – the main indicator of economic development. D. North and R. Thomas, D. Rodrik, D. Acemoğlu, S. Johnson and J. Robinson, J. Aron, H. de Soto in their studies of economic development field convince of the enormous role of property rights in the development of individual countries. They prove that the stability of property rights is the key to investment and business entities’ implementation

7

Property Rights as a Factor of Foreign Direct Investment. The Case of Poland

94%

Owczarczuk M.

Oeconomia Copernicana

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2013

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issue 2

97-116

EN

Clearly defined property rights enable people and business to make contracts over such property, and thus to engage in business – most business transactions concern the transfer of some sort of property, or rights to property. It seems that property rights have huge influence on foreign direct investment inflow, especially in the Polish economy. Therefore, the aim of this article is to verify the hypothesis that property rights are an important factor for foreign direct invest-ment flow. The object of the research is the Polish economy in the years 1994-2011. The first part of this paper shows the dynamics and structure of FDI inflows to the Polish economy in the years 1994-2011. Next two parts clarify the idea of property rights, their transformation, importance to the growth and foreign direct investment inflow. Verification of the hypothesis will be made on the basis of domestic and foreign literature.

8

Czy wolne i otwarte oprogramowanie może przyczyniać się do wzrostu gospodarczego?

94%

Chełkowski T.

e-mentor

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2015

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issue 2 (59)

69-75

EN

Open Source Software (OSS) community is challenging the traditional meaning of property rights. The way the OSS products are developed and distributed is questioning the right to exclude others from using the goods and introduces the right to distribute and modify software for free. The economic impact of the Open Source Software contribution is significant, it has been estimated that it represents c.a. 30% of the software market. There is an increasing interest in studying OSS communities, however there have been a small number of studies investigating the general role of the OSS in the economic growth. Therefore the lack of theory linking the economic growth and OSS contribution represents the main theoretical problem of this paper. The goal of this article is to prove that the existence of OSS communities increases the quantity of non-rival and non-excludable goods, which - according to endogenous model of growth - leads to economic growth. Additionally the study findings undermine the neoclassical theory of property rights in terms of non-rival and non-excludable goods. The structure of the paper is organized as follows. In section 1 the article focuses on the literature addressing the role of the non-rival and non-excludable goods in the theory of growth and theory of property rights. Section 2, contains the literature review of the OSS socio-economic phenomena and argues that the neoclassical theory of rights is inadequate to explain OSS market existence. Section 3 of the paper summarizes the main conclusions and discusses the general motivation behind the creation of the non-excludable and non-rival goods as well as the diminishing role of the egoism as the origin of the economic growth. From the methodological point of view the paper represents a literature review and a critical analysis of the endogenous growth theory and the theory of property rights.

9

Restriction of the Right of Ownership of Real Property due to Environment Protection in Light of the Constitution of the Republic of Poland

94%

Gaczyńska K.

Polish Journal of Political Science

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2023

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vol. 9

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issue 1

4-20

EN

Nowadays, there is a noticeable trend aimed at ensuring broad protection of the natural environment – both for the sake of preserving biodiversity and the quality of life of the future generations. However, the related activities of public authorities and private entities often involve limiting the rights of property owners. The Polish Constitutional Tribunal has ruled on the conflict between property rights and conservation of nature. The Tribunal has pointed out that the principles of sustainable development require an appropriate balance between environment protection on one hand and social and civilizational development on the other. In accordance with the previous jurisprudence of the Tribunal, the article will present the limits set for the state's environment policy in certain specific areas by the Constitution. It is acceptable to establish mechanisms to control the exploitation of plantings belonging to real property. Property owners may be required to obtain permits for their removal, and in the absence of such permits, they may be punished with forfeiture of timber or a fine. However, it is incompatible with the principle of proportionality and infringes the right of owners by arbitrary restrictions or imposed automatically sanctions, without the possibility of taking into account the circumstances. Moreover, the Tribunal has pointed out that the Constitution does not allow disproportionate narrowing down of the possibility to seek compensation for restrictions in the use of real property for the sake of environment protection. Only the two-year deadline for submitting claims in this respect has been considered too painful – too short and impossible to be reinstated for justified reasons.

10

Trade Unions Confronted with Employee Ownership: From Competition to Cooperation

83%

Ruszkowski P.

Polish Sociological Review

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2018

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vol. 202

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issue 2

209-223

EN

The major issue addressed in this article is union involvement in conversions to employee ownership and the impact of such ownership on union roles and functions. The main point is that employee ownership appears to generate role conflict for unions as they thus potentially represent both employees and owners. The author hypothesizes that trade unions are ready to accept the conversion of a public firm to an EOC when the union is certain of maintaining political control over the company. There are two clearly defined situations in which unions might support a conversion: a) in the case of a failing firm that converts to employee ownership to save jobs; and b) in the case where a company is converted to protect it against a takeover by private competitors.

11

Glosa aprobująca do wyroku TK z dnia 7 marca 2018 r., sygnatura akt K 2/17

83%

Pawłowski S.

Forum Prawnicze

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2019

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issue 2 (52)

92–103

EN

The subject of this gloss is a landmark ruling of the Constitutional Tribunal (CK) regarding one of the institutions of antiquity – preclusion. These issues in Polish administrative law are still controversial, and the views often differ significantly. The voted judgment deserves attention because it has not been explicitly stated in Polish jurisprudence for a long time that the rules in force in civil (general) law cannot be directly applied in public (special) law. CK argues that the justification of the institution of antiquity cannot be identical in public law as in private law, because the legal relations are vertical in the first and horizontal in the second. The indicated inequality of participants in the legal relationship and the pos- session of a professional clerical apparatus caring for the interests of the State, including property, means that the classic justification of the institution of an- tiquity, in particular the stabilizing and evidentiary function, are not a sufficient justification for using the preclusion. This is all the more justified when public law interference in property rights occurs without due warranty rights

12

Aspects of government policies in the fields of economy and entrepreneurship from the gender viewpoint

83%

Rusi N.

Academicus. International Scientific Journal

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2015

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issue 11

32-39

EN

The equal access of women and men to goods and economic services plays an important role in achieving gender equality and empowerment of women. Gender equality, in the distribution of economic and financial resources, encompasses a multiple positive effect on the fulfillment of the key priorities to increase welfare and the living standard in the society. It contributes to the consolidation of the women’s rights by enabling them to initially manage and control their own life and consequently influence on the society. Removing gender bias in the economic level affects not only the improvement of the women’s own situation, but also the growth of the children’ s welfare and that of the other family members, considering that women spend a part of their time and costs for the later.

13

Wybrane instytucje włączające w Drugiej Rzeczpospolitej do 1926 roku

83%

Bębnowski D., Matera R.

Przegląd Zachodni

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2018

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issue 3(368)

39-55

EN

The aim of the article is to put the economy of the Second Republic of Poland between 1918 and 1926 in the perspective of Acemoglu and Robinson’s concept of inclusive and extractive institutions as part of the theory of the new institutional economics. The authors analyzed the inclusive nature of such institutions as: political rights, currency, taxes and property rights. Thisallowed for a positive verification of the hypothesis that in Poland in 1918-1926 there were inclusive political and economic institutions, which created conditions for economic growth in 1926-1929. The research was based on a critical analysis of sources (especially laws, decrees andregulations,as well as statistical data) and selected literature.

14

The failure of the Šik’s reform in Czechoslovakia in the 1960s

83%

Nikodym T.

Central European Papers

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2013

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vol. 1

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issue 1

41-51

EN

The paper deals with the so-called Šik’s reform in Czechoslovakia in the 1960s – its origin, implementation and consequences. After the critique of theoretical basis of the reform using the multidisciplinary approach of Austrian school, the paper formulates conclusions on the importance of this reform process. The results of the analysis are then examined in a wider context of the 1960s. The emphasis is put on the social, cultural and political development of this period. Combining the economic theory and history, the results of the thesis do not only contribute to the explanation of the consequences of the reform, but also to the theoretical debate on the implementation of socialism and its reformability.

15

Intangible assets in industrial enterprises of Ukraine: The problem of recognition in financial reporting

83%

Melekh Y.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

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2012

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issue 12

25 - 36

EN

The article examines the essence and types of intangible assets, conditions of recognition by national and international accounting standards, a list of objects of intangible assets, which are currently not recognized by Ukrainian enterprises. In the research conditions of intangible assets were also examined; recording on the balance sheet, in particular a possibility of their identifi cation, potential future economic benefi ts and restricting access of counterparties to these benefits, and reliable estimation of the object.

16

Institutional Transformation in the Agricultural Sector of the former Soviet Bloc

83%

Visser O., Schoenmaker L.

Eastern European Countryside

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2011

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vol. 17

21-53

EN

This article discusses popular explanations for the demise of farm enterprises in Mongolia, such as: reduced state funding, corrupt and self-interested rural elites, and the (supposed) drastic central privatisation policy. It argues that these factors are insufficient to explain the collectives' demise, as they are largely true also for Russia, where no widespread break-up of farm enterprises took place. Farm enterprises in Russia, despite financial difficulties, show remarkable resilience as large-scale units. A tendency which can be observed in general, as well as in most of the regions bordering Mongolia with a similar type of (semi) - pastoralist livestock farming, Therefore, this article takes a look at the level of the Mongolian farm enterprise, and considers the socio-economic specifics of these enterprises to discover the incentives for employees and managers to disband (or leave) these enterprises. In doing so it pays attention to formal structures and informal social structures related to property and production, within a tentative comparison with Russia.

17

Ujawnianie własności nieruchomości samorządów i Skarbu Państwa – działania organów administracji publicznej

83%

Skwarka B.

Kontrola Państwowa

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2019

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vol. 64

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issue 5 (388)

102-114

EN

If the ownership is not regulated nor recorded in land registers, serious consequences may arise, such as, for example, acquiring an estate from an entity that is not entitled to sell it, or to its prescription. For these reasons, among others, each local governors (e.g. mayors) should immediately regulate the legal state of all estates that belong to the given self-governmental unit or the State, and disclose their ownership in land registers. Since it is a significant issue, and as a result of the findings of NIK’s previous audits and media reports on negligence as for disclosure of such estates ownership, NIK decided to conduct another audit related to the activities of public administration bodies as for disclosing the ownership in land registers.

18

CONTINUATION OR CHANGE? SELECTED DILEMMAS OF THE EMPLOYMENT POLICY AT THE TURN OF THE 21ST CENTURY FROM CURRENT PERSPECTIVE

71%

Bednarski M.

Polityka Społeczna

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2020

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vol. 47

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issue 1(16) ENG FUTURE OF WORK

16-21

XX

This paper aims at analysis of selected issues of the employment policy in Poland from the perspective of last twenty years. The issues raised in this paper are as follows: various unemployment dimensions, labour market segmentation, ownership of enterprises from the perspectives of employment, workforce migration, teleworking, the shadow economy.

19

Kryteria i skutki uznania nieruchomości za zabytek

71%

Werner W.

MAZOWSZE Studia Regionalne

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2020

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issue 32

93-98

PL

Nieruchomości pełnią podstawową rolę służebną w stosunku do swoich właścicieli, którzy mają lub mogą mieć konkretne plany inwestycyjne związane z nieruchomością. Poza znanymi już powszechnie ograniczeniami w egzekwowaniu prawa własności, sformułowanymi w ustawie o planowaniu i zagospodarowaniu przestrzennym, ustawie Prawo budowlane, tzw. „specustawach” dotyczących przede wszystkim inwestycji drogowych, kolejowych i mieszkalnictwa oraz przepisach wykonawczych wydanych na podstawie tych ustaw, niedoceniane wydają się skutki wpisywania nieruchomości do rejestru zabytków bądź gminnej ewidencji zabytków. Kontrowersyjne kwalifikowanie i wpisywanie nieruchomości do rejestru zabytków, bez wcześniejszego uprzedzenia, prowadzą do sytuacji, w której właściciel lub nabywca nieruchomości może być w każdym czasie zaskoczony uznaniem jej za zabytek, co ogranicza lub wyklucza realizacje planów inwestycyjnych.

EN

Real estate perform basic service for its owners who have or may have specific investment plans related to their property. The commonly known restrictions in the enforcement of property rights are formulated in the acts on spatial planning, construction law, as well as in the “special acts” regarding road, railway and housing investments. In addition, the effects of “adding” real estate to the national or municipal heritage registers, seem to be underestimated. Controversial qualification and adding real estates to the heritage register without prior notice (vacation legis) may lead to a situation, in which the owner or buyer of a property may be at any time surprised by its gaining historical landmark status, thus limiting or excluding the implementation of any development plans.

20

Взгляды Е. В. Васьковского на институт вещного правопреемства

71%

Riabokoń E.

Studia Iuridica

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2017

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vol. 70

191-199

PL

The article discusses the teachings of the eminent jurist of the late XIX – early XX century in relation to property succession. The analysis of the works of E. V. Vaskovsky allows to conclude that the scientist is repelled by the idea of transferrable rights, emphasizing, however, sufficient conditionality of the possibility of its transmission, the transition from one owner to another. Important and actual for modern development of the doctrine of succession are abstracts of E. V. Vaskovsky about the value of the derivative methods of acquisition of ownership, the possibility of acquiring the legal successor of the law, which did not belong to the legal successors, referring partition of property owners to the cases of succession.

Refine search results

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

Zakres odpowiedzialności podatkowej spadkobierców i zapisobierców zwykłych – zarys problematyki

Legal Protection of Property Rights in the Self-Regulating United States Local Recording System

How to Define Property Rights? A Social Documentation of the Privatization of Collective Ownership

The new institutional economics - main theories

Prawa własności filarem rozwoju gospodarczego

Property Rights as a Factor of Foreign Direct Investment. The Case of Poland

Czy wolne i otwarte oprogramowanie może przyczyniać się do wzrostu gospodarczego?

Restriction of the Right of Ownership of Real Property due to Environment Protection in Light of the Constitution of the Republic of Poland

Trade Unions Confronted with Employee Ownership: From Competition to Cooperation

Glosa aprobująca do wyroku TK z dnia 7 marca 2018 r., sygnatura akt K 2/17

Aspects of government policies in the fields of economy and entrepreneurship from the gender viewpoint

Wybrane instytucje włączające w Drugiej Rzeczpospolitej do 1926 roku

The failure of the Šik’s reform in Czechoslovakia in the 1960s

Intangible assets in industrial enterprises of Ukraine: The problem of recognition in financial reporting

Institutional Transformation in the Agricultural Sector of the former Soviet Bloc

Ujawnianie własności nieruchomości samorządów i Skarbu Państwa – działania organów administracji publicznej

CONTINUATION OR CHANGE? SELECTED DILEMMAS OF THE EMPLOYMENT POLICY AT THE TURN OF THE 21ST CENTURY FROM CURRENT PERSPECTIVE

Kryteria i skutki uznania nieruchomości za zabytek

Взгляды Е. В. Васьковского на институт вещного правопреемства