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Cechy Spółdzielni Socjalnej — kierunek zmian ustawodawczych

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Kłodnicka A.

Ekonomia. Wrocław Economic Review

2013

vol. 19

issue 3

9 - 19

It can be stated that Social Cooperative (SC) is a running-business-activity entity with specific attributes. However, classifi cation of SC as an “entrepreneur” in the meaning of Polish law, is not clear. The author indicates the inconsistency of legislator’s actions concerning the functioning of the SC in the area of business activity. It appears that legislator’s course of action is unclear, and concerned persons (i.e. socially and professionally excluded) have to use a difficult legal form for challenging the market. Despite that fact, thanks to its unique and distinct legal character, it shall fill the gap between welfare state and free-market economy. Because there is no information on business and social effectiveness it is necessary to make an analysis of the main legal obstacles, risks and their effectiveness. Such analysis shall constitute a basis for future legal changes.

Dopuszczalny zakres działania spółki komunalnej

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Szczepaniak R.

Kwartalnik Prawa Prywatnego

2014

vol. 23

issue 2

449-472

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

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1 Ekonomia. Wrocław Economic Review

1 Kwartalnik Prawa Prywatnego

1 Kłodnicka A.

1 Szczepaniak R.

1 2014

1 2013

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Cechy Spółdzielni Socjalnej — kierunek zmian ustawodawczych

Dopuszczalny zakres działania spółki komunalnej