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EN
Article Directions Swiss-inheritance law-changes deals with the issues of the wider rights of inheritance law in force in Switzerland. The article is thus an attempt to describe the influence of the most significant revision of choices in Swiss inheritance law (including those relating to the following : equal rights for descendants of heredity, changes in the inheritance by a spouse, inheritance rights of a surviving spouse, registered same-sex partners) at present condition of inheritance law in this country. Analysis of the above solutions allowed to reply the question: what conditions underlay the choice of orders of succession operating in Switzerland, and what conditions determine a wide selection of the class of persons appointed to inherit. The analysis of the descendant rights vested in those connected with the testator only by factual relations, and also detailed arrangements within contractual orders of succession, where a wide choice - after decades of application - is found in Swiss law, may provide a clue to the Polish legislature as to the possible future legislative changes.
EN
The issues of legal protection of cohabitants in case one of them dies has not got any satisfactory regulations in Polish law. Scotland is one of the countries where legal regulations have been introduced in terms of inheritance entitlements of an informal partner of a testator. In 2006, Family Law (Scotland) Act was passed, where, in section 29, the acceptance was constituted to request property claims by testator’s common-law spouse an adequate sum of money from the legacy, or giving a defined component of the legacy. This entitlement is only applied in the event of non-testamentary inheritance. The assessment of the claim legacy has been left to wide discretionary power of court. Setting norms for inheritance, which are entitled to an informal partner of a testator, Scottish court is only limited by the rule that it cannot exceed what they could get if they were in matrimony or civil partnership. Giving a sentence, court should take into consideration, in particular, long-lasting and individual character of a given common-law spouse relationship, financial situation of the claiming, the amount of inheritance property. The great range of judicial freedom is illustrated by the examples of court sentences mentioned above. Scottish legislation does not only approve of existing legal solutions. The amendments of the law have been discussed referring to testator’s inheritor common-spouse’s claims to inheritance, first of all, in order to limit the discretionary freedom of court for introducing the entitlement of an informal partner of the dead to get a defined fraction of active value of legacy. Appealing to the presented Scottish solutions, it should be given into consideration to Polish legislator to pass bills to set inheritance law of a common-law spouse of the dead.
EN
In the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.
EN
Research background: The success of family businesses abroad is not measured by profit, but is judged by the number of generations that have successfully mastered the succession process. This is why family businesses in Slovakia should also focus on long-term existence. Succession in a family business must be prepared with sufficient time in advance, as this is one of the most risky moments of its future. Purpose of the article: Successful management of the succession process in family businesses requires several years of preparation in different areas. The aim of this paper is to assess the readiness of Slovak family companies to owner generational change in application of selected factors in ensuring the smooth transmission of family businesses to the younger generation. Methods: The method of research was a questionnaire based on a 5-degree Likert scale, where the respondents expressed the degree of their agreement or disagreement with the particular statement. The questionnaire was filled by sample of 412 respondents ? 206 family business owners and their 206 successors (son/ daughter).  The statistical relations and correlations between variables were performed by Cronbach alpha, Spearman test, Kruskal-Walis test using EXCEL and SAS Enterprise Guide 7.1. programs. Findings & Value added: Slovak family companies have already passed or they are in the process of preparing or implementing the first generational change. We cannot be compared yet with family companies in Germany, USA or the Nether-lands because these firms are in the process of the fourth generation change in the ownership. The added value of this paper is the identification of deficiencies and reserves that prolong or expel the process of successful company transfer to a young generation. It is related to human capital ? the professional competence of the successor and the willingness of the founder to leave, the absence of important business documents, or the effort to cope with the process itself.
EN
The influence of grazing, mowing, and other usable treatments on the flora diversity of glades in the Beskid Mały in southern Poland was investigated. The field research was carried out between 2015 and 2016. Flora analysis consisted mainly of comparing the botanical composition of glades abandoned for several decades with the botanical composition of glades currently used as pastures. On selected plots, botanical composition was determined using the Klapp (1965) estimation method. All floristic lists from the study plots were analysed by using hierarchical numerical classification. Based on the numerical classification of plots on analysed glades in the Beskid Mały, four utility-floristic groups were distinguished: pasture with Nardus stricta, hay-meadow, unused plots with Pteridium aquilinum, and unused plots with shrubs. The results of studies confirm the thesis that species composition is a reflection of management practices or lack thereof. It was demonstrated that the cessation of the grazing and mowing on the mountain glades of Beskidy caused adverse changes in the structure of species composition and a reduction in floristic diversity. Initially, it causes an increase in the number of species in the sward, followed by elimination of the photophilous species, which lowers general species richness.
EN
The article is devoted to the problem of succession in family business in the perspective of class positions’ reproduction. The analysis of succession is carried out with reference to Pierre Bourdieu’s theory, particularly in relation to reconstruction entrepreneurs’ class position withingradationally-relational model of social structure, description of economic field transformation and role played by entrepreneurs in that process, analysis of modal trajectories of entering the economic field and to strategies and forms of capitals reconversion. Transfer of capitals was entangled within model of transmission of knowledge, power and ownership in family enterprises. Succession next to starting own enterprise must be seen as one of dominant strategies for social position reproduction within a possessing class fraction. Those two ideal-type strategies can be mixed in practice of position reproduction and lead to hybridized forms of family business and new enterprise. Class position  reproduction however, can lead also outside possessing class fraction to those richer in cultural rather than economic capital. Analysis of succession cannot therefore be limited to family business only but must be considered with reference to wider context of reproduction of social structure.
EN
Research background: SMEs encounter more survival impediments than larger businesses. Innovativeness is a crucial attribute for smaller firms to overcome these barriers since it positively influences their performance, competitiveness, and capability to operate in the long term. However, depending on firm characteristics, the innovativeness of SMEs might differ. Purpose of the article: This research investigates whether the innovativeness of family-owned SMEs differs depending on their size, sector, area of activity, and succession on the sample of 350 family-owned SMEs that operate in Czechia. Methods: The data collected in the Czech Republic in 2020 through the structured self-administered questionnaire were analyzed using Skewness-Kurtosis and Levene's normality tests and Independent Sample T-test to find the differences in SMEs innovativeness depending on their selected characteristics. Findings & value added: According to the results, SMEs' innovativeness differs depending on their size, industry, and area activity. On the other hand, the analyses confirmed the nonexistence of the differences in SMEs' innovative-ness concerning succession involvement. The region of SMEs' operation, the scope of their activities, and firms' executives' age might be crucial arguments to explain the differences and similarities in these enterprises' innovativeness. Even though the research focuses only on the SMEs located in Czechia, the similarity of the issues all SMEs face when competing with the larger firms worldwide, especially if we take into consideration the countries with a similar level of development and overall institutional business conditions, allows for generalizing our results and might draw readers' attention to this paper. Policymakers, universities, international institutions, and financial institutions might cooperate to create industrial zones, encourage research centers, and provide education and financial support to stimulate SMEs' innovative activities.
EN
Research background: Comparing to larger businesses, SMEs encounter more problems in their operations. Since innovativeness enables SMEs to be more competitive against their rivals, having more innovative activities might make SMEs overcome these issues. Nevertheless, depending on businesses-founders/owners' characteristics, SMEs' innovativeness in organizational, local, and global extents might differ. Purpose of the article: This research explores differences in family-owned SMEs' innovativeness regarding the age of their founders/entrepreneurs, legal form, and succession of these businesses. Methods: The researchers used a questionnaire survey. Data collection process was completed in 2020. The research sample includes 343 family-owned SMEs that operate in Czechia. The normality test result directs the authors to perform an Independent sample T-test to find differences between selected variables. Findings & value added: According to the obtained results, global innovativeness does not differ depending on firms-owners/entrepreneurs' characteristics. However, limited liability firms perform better in local innovativeness than other firms structured in different legal forms. Moreover, the organizational innovativeness of SMEs with successors is greater than firms without successors. While organizational innovativeness does not differ depending on entrepreneurs/founders' age and legal structure of businesses, local innovativeness does not differ depending on entrepreneurs/founders' age and successors' existence in these businesses. The educational level of entrepreneurs/founders, sector, and SMEs' location might be reasons for similarities and differences between SMEs' innovativeness. From the policy perspective, based on the obtained results, the authors suggest creating industrial zones. Furthermore, policymakers' collaborations with other essential players in the market might stimulate innovative attitudes among businesses. This paper's main contribution to the existing literature is to fill the gap regarding organizational, local, and global innovativeness of family-owned SMEs by providing detailed and empirical results about entrepreneurs' and firms' characteristics. Thus, this paper might draw businesses, policymakers, academicians, and international readers' attention concerning family-owned SMEs' innovativeness.
EN
The article deals with the new Uruguayan act on private international law, i.e. the General Act on Private International Law n° 19.920 of the 17th of November 2020. The authors aim to analyse and assess its solutions, especially in the areas of matrimonial property relations, succession and legal entities, taking into account historical and comparative perspectives. The study presents the origins of the Act, its structure, main characteristics and ideas, and essential novelties introduced thereby. As for matrimonial property relations and succession, the authors focus on the question of the applicable law, while as for legal entities, also on the notion of the recognition of their legal personality. Within the comparative remarks, new Uruguayan provisions are explained against the background of Argentinian, Brazilian, Chilean, Colombian, Cuban, Dominican, Panamanian, Paraguayan, Peruvian and Venezuelan rules, as well as international multilateral conventions and European Union regulations.
EN
Students’ research work is one of the most important methods of preparation a qualitatively new specialists. The purpose of the article is to consider some aspects of succession during formation of the research skills of pupils and students. Methods of investigation – theoretical analysis of the literature, studying and generalization of progressive pedagogical and own working experience at school and university, pedagogical experiment. Different interpretations of a concept «succession in studying» are analyzed in the article. It is established that the research work of the higher school students is a specific kind of cognitive activity that uses educational research as a principal means of achieving educational results. On the basis of successful formation of students’ and pupils’ research skills lies the succession in mathematical education, in forms and methods of teaching. It is stated that forming of research skills should be carried out gradually, with taking into account age and psychological peculiarities of pupils and students. The importance of formation of students’ positive motivation to research work is justified by the author. Directions of educational research work with pupils and conditions that should be considered during choosing a theme for students’ research are highlighted. The main purpose of teachers in the first course is to include students in innovative process of creative research. The paper emphasizes the importance of the methods of creativity stimulating that provide gradual complication of research work of the first-year students, from the first studying months. Appropriate techniques of such stimulation are highlighted. Practical significance of the investigation is that the suggested methodological approaches may be actively used by school and university teachers for increasing the effectiveness of research skills’ formation in mathematics. Prospects for the further research are connected with working out of innovative educational technologies of interaction «School – University».
EN
Aim/purpose – This paper aims to introduce and describe a new paradigm (model) of evolutionary dynamism of family business potential in the succession process and its empirical simulation in family enterprises from culturally close “post-socialistic” countries: the Czech Republic and Poland. Design/methodology/approach – The conceptual basis for developing the evolutionary model of family business was our research on the sample of 235 small and medium-sized family enterprises from the Czech Republic and Poland. A practical experimental simulation of the model was carried out in 12 Czech and 19 Polish family companies. Findings – The proposed model is based on economic and natural laws, including optimization proportions of the golden ratio, laws of time economics, theory of innovation, and “Moore’s law.” This model allows us to simulate and analyze the pace of accelerating innovation cycles and the dynamism of intergenerational changes of family business potential in the succession process. Research implications/limitations – The social and industrial revolution 5.0 is getting near and global economic, social, cultural, ecological, and other contemporary turbulences, built on the “microcosm optimization” of living matter, having two extreme marginal variants for the subsequent (evolutionary) development of family business: (a) an option of “harmony” or (b) an option of “tragedy.” One limitation of the model is its general nature, making it sensitive to outlier cases. Originality/value/contribution – The proposed model provides valuable analytical guidelines for family business succession and significantly highlights the role of intrafamily dynamics in this process. It also represents a novel analytical approach to assessing and predicting the longevity of family business as well as an opportunity for the development of mixed research in family entrepreneurship.
EN
Abandoned pastures are frequent phenomenon throughout central Europe due to the reduction of grazing. This also concerns the abandoned pasture near the village of Malé Kršteňany (Western Slovakia). We dealt with the research of spiders in this site in 2015 and spring of 2017. Despite it is a secondary anthropogenous habitat, the fauna of spiders is relatively rich, including infrequent or up to rare species, including Theonina cornix, Phycosoma inornatum, Altella biuncata, Brommella falcigera, Mastigusa arietina, Diaea livens, Tmarus stellio, Chalcoscirtus brevicymbialis, Pellenes nigrociliatus and Haplodrassus kulczynskii. The species of warm and moderate habitats are highly prevailing here – together it is 97%. The analysis of the spider faunal composition according to originality of habitat is even more interesting. The share of climax species is surprisingly high – 54.83%, despite this habitat is not at all ‘pristine’. Experts opinions on the climax, especially those of a conservative nature, require revision and a comprehensive view of modern ecology. We suppose that some particular stages of the on-going succession process can be interpreted as "partial climax stages" tending towards the ‘final’ arrangement of the biota. It is necessary to emphasize that the climax is not at the ‘definitive’ and ‘constant’ stage, on the contrary, it is a highly dynamic and variable process.
EN
The purpose of this article is to present the problem of connecting the testator’s habitual residence on the grounds of the succession regulation (EU) No 650/2012. Particular attention is given to the question of the admissibility of a testator having more than one habitual residence at the moment of death. The background of the considerations made is the ruling of the Court of Justice of the European Union of July 16, 2020 (file C-80/19). The author juxtaposes the contradictory views of doctrine in the area being discussed, and also analyses the theses resulting from the judgment of 16 July 2020 in the context of the succession regulation no 650/2012.
EN
The paper aims to analyze search funds, a new group of investors in the capital market in Poland which, at the same time, is a group of potential investors for family businesses facing succession crisis. The theoretical section of the paper discusses the relevance of family businesses for the Polish economy and the scale of succession issues. The origin of an investment vehicle such as a search fund is discussed together with its profile which, in theory, makes this group of investors an almost ideal match for family businesses where there is no family succession. The empirical part is a case study that explores the act of selling a Polish family company to a search fund, the first and the only one transaction of this kind in Poland reported by the end of 2020. Findings from conducted analyses have demonstrated that selling a family company to a search fund should become a permanently available option and an acceptable form of disinvestment in the face of succession crisis.
PL
Celem artykułu jest analiza search funds jako nowej grupy inwestorów na rynku kapitałowym w Polsce, która stanowi jednocześnie grupę potencjalnych inwestorów dla firm rodzinnych w obliczu braku sukcesji. W części teoretycznej artykułu zaprezentowana została istotność firm rodzinnych w Polsce oraz skala problematyki braku sukcesji. Przedstawiona została również geneza powstania search funds, ich charakterystyka oraz cechy, które sprawiają, że w teorii ta grupa inwestorów jest niemal stworzona dla firm rodzinnych, w których brakuje rodzinnego następcy. W części empirycznej przedstawiono studium przypadku transakcji sprzedaży polskiej firmy rodzinnej na rzecz search fund, która do końca 2020 r. pozostawała pierwszą i jedyną transakcją search funds w Polsce. W wyniku przeprowadzonych analiz wykazano, że sprzedaż przedsiębiorstwa rodzinnego na rzecz search fund powinna na trwałe znaleźć się w katalogu możliwych form dezinwestycji właściciela firmy rodzinnej w obliczu braku sukcesji.
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.
The Biblical Annals
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1985
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vol. 32
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issue 1
109-121
PL
Der Verfaser entwickelt das Thema in drei Schritten. Der erste gilt der apostolischen Autorität selbst. Die beiden Briefe wollen im Lehren und Handeln nich von der Tradition der Urkirche abweichen. Im zweiten Punkt beschreibt der Verfasser näher die Irrlehrer und ihre Lehre. Im dritten Schritt wird dann auf die Christologie der Briefe aufmerksam gemacht und aufgezeigt, wie diese der Mahnungen unterstellt wird. Die Irrlehrer erklärt der Verfasser für Antinomisten. Insofern wird man schwerlich ihre Genese in Qumran erblickien können.
PL
Artykuł dotyczy zakresu podmiotowego i przedmiotowego obowiązku przedsiębiorcy de lege lata podawania firmy sprzed transformacji, co aktualnie odnosi się do przekształceń spółek, przedsiębiorców jednoosobowych (w jednoosobową spółkę kapitałową), przedsiębiorstw państwowych w spółkę kapitałową (komercjalizacji), spółdzielni pracy w spółkę handlową i towarzystw ubezpieczeń wzajemnych (albo towarzystw reasekuracji wzajemnej) w spółkę akcyjną. Ze względu na dostrzeganą przez autora oraz podkreślaną w artykule niewystarczalność istniejącej regulacji (zarówno w ujęciu podmiotowym, jak i przedmiotowym), w jego podsumowaniu autor formułuje obszerne uwagi de lege ferenda w tym obszarze, w ramach których proponuje w szczególności ujednolicenie i rozszerzenie zakresu regulacji obecnie obowiązujących przepisów.
EN
. The article focuses on the objective and subjective scopes of entrepreneurs’ de lege lata obligation to provide company name before transformation, which currently relates to the transformation of companies, the transformation of sole traders (into single-person limited companies), state operators into companies (commercialisation), worker cooperatives into companies, and mutual-insurance companies (or mutual-reinsurance companies) into joint-stock companies. Due to the insufficiency (in both the objective and subjective approaches) of the existing regulations, as noticed by the author and highlighted in the article, the conclusion contains exten-sive de lege ferenda remarks concerning this field. In the remarks the author suggests standardising and extending the scope of the currently binding regulations.
PL
The situation of medieval knights holding the office of governors – heads of villages – was not exceptional. The Gryfits from Lesser Poland were one of this kind of family. The author has occupied himself with the history of this House for some time, paying attention especially to matters connected with the recognition of the Gryfits and the Houses of Lisowie and Wierzbnowie as Pomeranian princes, and all of them as the second branch of the dynasty ruling in Poland. In this publication, profiles of chosen members of the family, ones who served the office of governors in different contexts, are described. Each of the above-mentioned examples presents a different situation, for instance: when a knight could attain an influential position at the royal court, yet the titular office was burdened with specific circumstances. First he was the plenipotentiary of the governor’s wife, then after the governor’s death (in rather mysterious circumstances), he became the husband to the widow and took over the late Governor’s post. Still, this is – as it seems – the timeless problem of sentiment, faithfulness and betrayal. Thus, succession and transferability of the Governor’s office was also thoroughly discussed.
EN
The purpose of this article is to analyze the issue of the admissibility of the designation of an heir by reference to sources other than a last will. The provisions in the fourth book of the Civil Code expressis verbisdo not allow such a possibility, and this issue has not yet met with significant interest in the literature. The author presents regulations concerning the establishment of an heir and interpretation of a last will. Contradictory views on the admissibility of such a testamentary disposition are contrasted, especially in the context of the scope of freedom of testation. At the end of the article, the author expresses his own position on the background of the presented argumentation.
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vol. 32
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issue 1
13-26
EN
The system of protection of persons close to the deceased in contemporary succession law is one of the major dilemmas. This is because the rights of those close to the deceased interfere with one of the most valuable values developed in succession law over the years: the freedom to dispose of property upon death. Any new solution from a particular country that addresses this issue may prove interesting for the ongoing development of substantive law in individual countries. For this reason, the author presents the new Polish solutions, which have been in force since 22 May 2023 and which change the Polish legitim system fundamentally. The aim of the article is to first assess the changes introduced and to present them to the foreign reader.
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