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1

THE CONTRACT ON MOTORWAY BUILDING AND EXPLOITATION. POINTS OF LAW

100%
Szydlo W.
Studia Prawnicze
|
2006
|
issue 1(167)
99-124
EN
The development of motorway infrastructure is one of the basic public tasks of the state (tasks serving to satisfy collective needs and interests of all citizens) due to its contribution to providing smooth and save transport. Consequently, it significantly imparts dynamism to economic development of particular regions of the country as well as intensifies economic and trade cooperation with other countries. The Law of 27th October, 1994 on Toll Motorways is a helpful instrument in implementing investment of such a type. The act comprises issues concerning building and financing toll motorways in Poland. It is worth noticing that 'toll motorway building and exploitation or exclusively exploitation' does not occur in the catalogue of licensed fields of business activities any more. Instead of the necessity for receiving a toll motorway building and exploitation licence, they introduced an instrument of a civil contract made between the minister proper of transport affairs and a specified association of capital. The legislator decided that this contract can be one of the basic legal forms, which the state will be fulfilling tasks with in the scope of the development of the network of motorways in Poland. Taking into consideration the negative experience in this field of the licence system, the resignation from public law forms of activity, which set unnecessary limits for administrative agencies as well as entrepreneurs, will undoubtedly increase the situation when legal relations between road administration and a building and exploiting company will be more flexible, efficient and free. It also seems that it will be easier to adjust their content to certain conditions, not forgetting, at the same time, about the maximum protection of the public interest involved. Thus, the contract dividing the risk of building a motorway between the state and an individual will allow us to determine more precise rules of mutual cooperation and participation of both parties in such ventures.
2
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Umowa o zatrudnienie

80%
Jończyk J.
Praca i Zabezpieczenie Społeczne
|
2012
|
issue 2
2-7
EN
The traditional contract of employment is based on worker’s subordination matched by statutory individual and collective employees’ protection and in practice opposed by growing „flexibility” of employment. It follows that probably a new concept of employment is preferable as defined in two ways, namely by the „cause of employment” (related also to social security through wage contribution and tax), as well as by distinguishing particular contracts of employment to meet specific work and wage conditions. The emphasis put on the law of contract of employment, on its private aspect depends on the redefinition of two other relatively separate parts of labour law: work protection (hours, safety etc.) and collective labour law.
3
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CONTRACTION OF HEALTH CARE SERVICES PROVISION AS A SOURCE OF HEALTH CARE FACILITIES FINANCING (Kontraktowanie swiadczen zdrowotnych jako zródlo finansowania zakladu opieki zdrowotnej)

80%
Paszkowska M.
Finansowy Kwartalnik Internetowy e-Finanse
|
2010
|
vol. 6
|
issue 3
76-94
EN
Health care facility (In Polish ZOZ) is a basic, yet complex organizational and legal model within which, health service can be provided to patients in Poland. In the light of law ZOZ can receive funds from paid health benefits obtainable on the basis of bilateral agreement. Those contracts include agreement for the provision of health care service concluded between the service provider and the director of provincial department of National Health Fund (In Polish NFZ), commonly known as a contract. The subject of this paper is to present current legal basis and the rules for entering into agreement with National Health Fund by public and private health care facilities. The aim of this article is to attract the attention to the role of contract with NFZ as of the basic source of financing health care facilities and also to explain methods of financing health services awarded on the basis of contract.
4

CONTRACT MANAGEMENT AND ITS IMPACT ON CONTRACTING PUBLIC SERVICES: SLOVAK REPUBLIC

70%
Mikušová-Meričková B., Nemec J.
Ekonomický časopis (Journal of Economics)
|
2013
|
vol. 61
|
issue 7
Nemec
EN
Contracting out is the prevalent types of alternative service-delivery arrangements in public sector. The literature suggests that if the contracting is properly implemented, then it will improve cost-effectiveness, delivery quality, and expenditure control. Using new Slovak data, we explain why contracting does not always produce the expected positive results. We seek to determine the factors that account for success in contracting for public sector services, by testing for a link between contracting performance and quality of contract management. This study uses a quantitative approach to analyse our original survey data. The findings are not positive, because although competitive selection is the key factor determining success, non-competitive selection of suppliers prevails in Slovakia.
5

THE PARTICIPATION IN ISLAMIC LAW

70%
Al-Kaber M.
Optimum. Studia Ekonomiczne
|
2011
|
issue 5(53)
184-202
EN
Islamic modes are asset-based and entail real economic activity and undertaking responsibility or liability. The modes that form the basics of Islamic finance belong to participatory or profit/loss sharing (PLS) or risk-sharing techniques and as such are considered the most desirable modes by the majority of jurists on Islamic finance. Two contracts, namely Mudarabah and Musharakah, that lend themselves to the system of profit/loss sharing are based on the concept of Shirkah. In Musharakah all parties contribute to the joint business and work for it; in Mudarabah, one party contributes funds and the other acts as entrepreneur and the profit is shared in a predetermined, mutually agreed ratio.
6

DIGITÁLNA PLATFORMA AKO STÁLA PREVÁDZKAREŇ

70%
Cibuľa T., Hlinka T., Choma A., Kačaljak M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 2
155 – 167
EN
This article discusses a new concept of permanent establishment based on a term of “digital platform” as a legal fiction of fixed place even in situations when no real fixed place exits. The authors argue that within the Slovak legal context it is not possible for this concept (i) to be automatically applied as the interpretation of a double taxation treaty and (ii) to take precedence over a double taxation treaty. Therefore, it is always necessary to analyse practical implications of the concept in the context of a specific double taxation treaty. The ineffectiveness of the concept primarily results from the fact that in general, the Slovak Acts do not take precedence over double taxation treaties. This new concept in its current form may represent a barrier to accepting new doctrines related to fixed place within the interpretation of double taxation treaties.
7

O VEREJNOSPRÁVNEJ ČINNOSTI (I. ČASŤ)

70%
Kukliš P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 6
545 – 557
EN
The forms of the public administrative activity have an unsubstitutable signification. This phenomenon represents expressive dynamic conception of the public administration. Basic elements of the public administrative activity are: target – task – function – contents – methods of action -forms of the activities. Definition of contents of the public administrative activity is complicated. Also a classification of the forms of the public administrative activities is very difficult. The fact that an administrative act could have (could not have) legal implication is the essential base of this division. The article deals also with particular forms of the public administrative activities: normative administrative legislative acts (generally binding acts), application of the administrative legislative acts (individual administrative acts), administrative legal agreement (contract), other significant legislative acts, socio-organizational acts and material-technical acts and their sub-forms. In connection with this the article is motivated by the inspiring examples from Czech legal system, German legal system and Recommendations of the Council of Europe. It is necessary to pay attention to e-government and the conception of good governance.
8

NESPLNENIE – STAV DE LEGE LATA

61%
Jurčová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
|
vol. 99
|
issue 4
274 – 286
EN
The author briefly outlines the regulation of non-performance in the Slovak Civil Code and Commercial Code. Having acknowledged the deficiencies of our system differentiating the various types of breach, the paper outlines the salient features of the unitary concept of non-performance adopted by the UNIDROIT Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) that are based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the one is essentially identical to the other. On the basis of this system the author introduces the reform movements in the law of obligations across the Europe that have strongly influenced first drafts and proposals for Slovak reform of non- performance. The discussion on the basic policy questions of these proposals should be the preferred working method on the way forward for Slovak law.
9

REŽIM EURÓPSKEHO INŠTITÚTU PRE TELEKOMUNIKAČNÉ NORMY – ETSI: ZÁSADY, ROZHODNÉ PRÁVO A ÚČINOK ETSI VOČI PREDLOŽENÝM VYHLÁSENIAM

51%
Straus J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 6
543 – 566
EN
The European Telecommunications Standards Institute (ETSI) was founded upon an initiative on the EU-Commission with the aim of drafting European telecommunication standards in order to secure the interoperability, to advance the competition on the merits between technologies of different companies, and to serve the consumer’s welfare. The legal framework of ETSI, which is composed of ETSI Statutes, ETSI Directives, including ETSI Rules of Procedure and ETSI Intellectual Property Rights Policy, is governed by French law. ETSI standards constitute the European norms and remain accessible to all companies also in case they fall within the scope of protection of one or more patents. ETSI organs have ensure, if necessary assisted by the EU-Commission, that technologies which are covered by patents can become standards only if their proprietors irrevocably declare that they are prepared to irrevocably license their standard essential patents under fair, reasonable and non-discriminatory terms and conditions. In case a declaration according to Clause 6.1 of ETSI IPR Policy is refused, ETSI has to undertake all the measures which are necessary to prevent that the respective patented technology will become or remain a standard. The acceptance, which is only necessary to effectuate the contract effects, and which has to be expressed towards the promisor, also does not need any specific form and can even be implied or tacit. From the point in time of the acceptance by the third beneficiary, the contract can only be revoked by consent of all parties. A final agreement (mutual consent) as regards the price, i.e. license royalty, is no precondition for the coming into being of the license contract. In case of dispute the fixing and the assessment of the reasonableness of the price is a matter for courts. It should be added that a subsequent assignment of the standard essential patent(s) at issue to third parties does not affect the license concluded under the FRAND conditions. Only that way it can be secured that ETSI standards remain accessible under non-discriminatory and reasonable conditions fixed in a dispute by courts. The latter being an important pre-condition for the interoperability and competition on the merits between technologies of different companies to the well-being of consumers.
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