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Ustrój prawny izb gospodarczych – propozycje jego usprawnienia

100%
Jurewicz M.
Studia Prawno-Ekonomiczne
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2009
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vol. LXXIX (79)
125-138
EN
Decentralization of the public administration means awarding to independent organizations and organs possibility of forming their lawful system in a sphere qualified by the act. Their aims are fixed in the act. The aim of chambers of commerce, as decentralized business organizations, is representing the economic interests of businessmen in their productive, commercial, architectural or service activity, particularly in relation to the public administration and to the external trade. The funds of chambers of commerce (mostly the membership fees and the business earnings) should be convergent with aims and tasks which they realize. It is conducive to employ proper group of experts prepared in a sphere of economic problems, appropriate material resources and information. The staff organs of chambers of commerce should be more specialized in consultative and advisory functions. They should offer specialistic servicing for businessmen, for instance: in schoolings and conferences (relating to: tax law, law of work and social insurance, gaining of public funds). The aims, tasks and functions of chambers of commerce still should be adapted to businessmen’s needs. The activity of chambers of commerce is supervised according to a criterion of a legality with an abiding feature of their autonomy. Rationalization of the lawful status of chambers of commerce will contribute to the increase of their importance of support of business development, Polish industry, trade and servicing. The efficiency of an activity of chambers of commerce is expressed in extent of accomplishment their aims, tasks and in securing the realization of businessmen’s needs.
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Dopuszczalny zakres działania spółki komunalnej

75%
Szczepaniak R.
Kwartalnik Prawa Prywatnego
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2014
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vol. 23
|
issue 2
449-472
EN
A municipal company operates most often as a limited liability company or a joint stock company. However, its legal status is characterized by a high degree of originality and it significantly differs from the status of a typical limited or joint stock company. In particular, local government units (in municipalities, counties, or provinces) implement through a municipal company their statutory duties to satisfy the needs of the local community. Therefore, the legal nature of the company is closely linked to the nature of a particular local government unit. A municipal company is an entity with a special purpose. It has been created to achieve specific objectives and the scope of its activities is defined by the law. One may ask the question what legal consequences arise when the company takes legal action, for example, it concludes a contract, beyond the statutory scope of its activity. According to the author this question is complex. In order to answer it interdisciplinary analysis should be carried out taking into account the scientific achievements regarding both the civil and the public law. In conclusion, the author advocates a moderate and cautious solution, taking into consideration the need to respect the principle of legal security. Thus he expresses the view that legal action, such as a contract concluded outside the scope of permissible activities of such companies will be valid. Consequences of another kind, such as administrative and legal sanctions may nonetheless occur
3

Glosa do uchwały uchwały składu siedmiu Sędziów Sądu Najwyższego z dnia 28 stycznia 2010 roku (III CZP 91/09, OSNC 2010/6/85)

75%
Wiszniewski K.
Acta Iuris Stetinensis
|
2011
|
issue 2
EN
The commentary engages in a polemic with the Supreme Court resolution of28 January 2010 (III CZP 91/09), passed by the bench of seven judges. TherewithSupreme Court has expressed its belief, that article 299 of the Commercial CompaniesCode (CCC) applies to the liquidators of limited liability company. The said notion omitsthe legal character of the renvoy, provided for in article 280 CCC. The scope of thisrenvoy includes all provisions of the Commercial Companies Code, which refer to thelegal situation of the limited liability company management board members. However,it does not take an direct effect, but has an indirect character. The application of everyparticular provision is to be considered – especially in reference to the aim of liquidation.This aim, as well as the function of article 299 CCC, provoke a belief, that article 299CCC does not apply to limited liability company liquidators.
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