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Studia Ełckie
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2014
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vol. 16
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issue 2
163-182
EN
In 2013, in Warmia there were organised celebrations devoted to the 400-year anniversary of the death of Blessed Regina Protmann, the foundress of the Congregation of the Devout Virgins of St. Catherine, Virgin and Martyr, commonly called „katarzynki”. On this occasion, a number of initiatives have been taken to remember the person but also the environment in which she lived and worked. Particular attention was paid to Braniewo, where she was born and where up till now there has stood a provincial house of the congregation. The article is therefore an attempt to present the situation in the city in the latter half of the 16th century. First of all, we focus on a dynamic development of education - a high school and a seminary were founded in 1565, and in 1578 there was established a papal seminary. Also, a boarding school for young people and a dormitory for poor students were built. All these institutions were administered by the Jesuits. Thanks to their pastoral work and the commitment of the bishops of Warmia, particularly Stanislaus Hosius and Marcin Kromer, they managed to avoid bringing Lutheranism despite the fact that the new religion had supporters among the members of the city council. The city developed as crafts and trade, which was facilitated by membership in the Hanseatic League. On the basis of vital records, it was found that on an average 215 children were baptized annually. Among the most popular names given for girls were Anna, then Gertruda and Barbara. Among the boys in the first place should be mentioned George, then John, Peter and Andrew. In 1586 the quintuplets were born. Registered marriages were much less - an average of 56 per year. The article also presents the appearance of the city, gives a list of parish priests and mayors of that period, the equipment temples and operations of hospitals. Based on the analyzes it can be concluded that Braniewo was a well-organized city with a well-functioning education at all levels of education. But pride to Braniewo was also brought by the foundress of the Congregation of the Devout Virgins of St. Catherine, Virgin and Martyr, Regina Protmann, whose sister from the beginning served in many dimensions of the social life: they took care of the sick, looked after the education of girls and were responsible for the decoration of churches. Participating in the 19th century in foreign missions they promoted the city of their foundress in many countries on different continents, especially in South America and Africa.
EN
The „intrusion“ of corporate law into foundation law is subject to critical review in contemporary foreign scholar literature. Reflections of this issue can also be found even in the decision-making practice of the highest courts of neighbouring countries. They repeatedly expressed and emphasized the special role of the founders will (expressed in foundation deed), transferability of rights of founder etc. In this paper, this issue is addressed in the broader jurisprudential and internationally comparative context with a special regard to the new Czech Civil Code. Firstly, the author focuses on the differences between corporations and foundations. In contrast to corporations foundations do not have the supreme organ (like a general assembly) and therefore, most of the structural checks and balances are missing. However, founders are free to establish such bodies as well as other controlling mechanisms within the foundation deed. Subsequently, different approaches to penetration of corporate law elements into the foundation law in selected European countries are illustrated and compared with the approach chosen by the new Czech Civil Code (incl. the possibility to change the purpose of the foundation) that might appear unclear. Particular considerations about the acceptance and defensibility of the chosen approach are included in the conclusion.
EN
The study analyses the social-economic role and functions of foundations and their metamorphosis in the Czech Lands in the historical context in the long-term perspective from the end of the middle ages all the way to 1951. The study identifies four roles of foundations in society: The tool of redistribution of created sources; the guarantee of societal control and of the natural system of social security; the initiator of social changes; and a supporter of social pluralism. The foundations worked for the common good as accepted at the time and their activities were dynamic in their nature.
EN
The marketing campaign launched by the Ministry of Culture of the Czech Republic ahead of the upcoming centenaries of the national geographic museums in Prague, Brno and Opava (1814–1818) is a most suitable starting point for a long overdue critical discussion of the current approach to the history of museums in the Czech Land in particular and Central Europe in general. The concept of a museum‘s foundation, establishment or first opening must be viewed historically because of the difference in its content in a society divided into estates (pre-1860) and in a civil society (post-1860). This paper is a call for a more fine grained analysis of the history of museums as institutions and a detailed comparative treatment of this concept with the aim of achieving a more objective phenomenology of the museum in 1800-1945 Central Europe.
EN
After opening of liquidation, the cooperative still remains a legal entity and is in possession of its assets. However, said assets are no longer used in carrying out the cooperative's economic activity, but are completely subordinated to the objective of the liquidation: i.e. satisfaction or securing of interests of the creditors. After satisfying the creditors or securing their interests, members of the cooperative may decide that the assets remaining after the liquidation of the cooperative will be transferred as a contribution in kind onto the commercial law company created on the basis of the cooperative's assets. It is understood that such a commercial operation may take place both already during the liquidation process, as well as after its definitive end. The first method requires complete liquidation (dissolution) of the cooperative - it is the so-called. 'economic transformation' and passes almost simultaneously with the liquidation proceedings. The second method allows for formation of a limited liability company only after the end of the liquidation proceedings based on the assets of the liquidated cooperative. Moreover, after the end of liquidation also the possibility of creating a foundation based on assets remaining after the liquidation of the cooperative should be allowed. It seems that the creation of this entity will be possible only on the basis of a last resolution of the general shareholders meeting, and not on the basis of an independent decision of the liquidator, the may restrict the proprietary rights of the cooperative's members.
Pieniądze i Więź
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2010
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vol. 13
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issue 3(48)
81-91
EN
The principle of priority of the founder's will in foundation law is not directly expressed in any article of the Foundation Act from 1984. Its validity is mentioned in the legal doctrine and judicial verdicts. It can be interpreted from several articles of the Foundation Act. It applies at every stage of the foundation running - at its setting up, in current operations and while the liquidation. The founder is in the right to create the content of the foundation act and the statutes of the foundation. Members of decision-making bodies of the foundation, which is independent after the registration, should still respect the will of the founder contained in the foundation act and in the statutes. Any amendment of the internal bylaws must be consistent with the will of the founder. The supervision authority has the duty to ensure that the executive board of the foundation acts in accordance with the foundation's statutes, which was set up by the founder.
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