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  1. 4 Przegląd Prawa i Administracji

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  1. 4 Frąckowiak J.

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  2. 2 2015

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Orzecznictwo i doktryna jako źródło prawa prywatnego

100%
Frąckowiak J.
Przegląd Prawa i Administracji
|
2018
|
vol. 112
47-65
EN
In Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c (Code of Civil Procedure). The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.
2
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Osiemdziesiąt lat polskiego prawa handlowego — wzloty, upadki oraz mozolna reaktywacja

100%
Frąckowiak J.
Przegląd Prawa i Administracji
|
2015
|
vol. 101
45 - 62
EN
Polish commercial law dating from 1934, i.e. the entry into force of the Commercial Code, is already eighty. This is a good opportunity to consider what its development over the centuries and millennia looked like. In this paper the author proposes to divide all this time into three periods. The development of commercial law, in relation to serious territorial and political system changes taking place in Poland at that time, was very stormy. After a great but short period before 1939, commercial law was in practice irrelevant. After 1989, it has been slowly formed as part of civil law. Unfortunately, the Civil Code still does not fully perform part of its functions and is not a primary source of commercial law.
3
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Prawo handlowe na Uniwersytecie Wrocławskim

100%
Frąckowiak J.
Przegląd Prawa i Administracji
|
2015
|
vol. 100
525-540
EN
The article provides an overview of research and teaching of regulations of private economic relations at the Faculty of Law, Administration and Economics of the University of Wrocław in the last seventy years, against the background of changes in the approach to commercial law in Poland.
4
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Uchwała zgromadzenia wspólników spółki kapitałowej sprzeczna z ustawą

100%
Frąckowiak J.
Przegląd Prawa i Administracji
|
2018
|
vol. 114
475-487
EN
In doctrine and jurisprudence, serious doubts arise in the context of the regulations concerning the situation in which resolution of the shareholders’ meeting of a company is contrary to the law. The main problem arises due to the unexplained relationship between the resolution of the shareholders’ meeting of companies, or more broadly by the resolution of the legal and statutory bodies, and the legal act. A derivative of this dispute is the ongoing dispute over whether the decision stating the contradiction of the resolution with law is of a constitutive nature, or whether it only states that the resolution has not had any legal eff ects since its adoption.
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