scholarly journals Skazane na zapomnienie — prawo handlowe w PRL

2021 ◽  
Vol 43 (3) ◽  
pp. 73-87
Author(s):  
Krzysztof Kułak
Keyword(s):  
Free Market ◽  
Civil Law ◽  
Commercial Law ◽  
Economic Relations ◽  
Commercial Code ◽  
Essential Components ◽  
History Of ◽  
Polish Economy ◽  
Post War ◽  
Historical Reflection

The post-war history of Polish commercial law is not a frequent subject of interest in the literature. Historical reflection is usually limited to indicating that the civil code entering into force on 1 January 1965 and, on the same day, the repeal of the pre-war commercial code from 1934 formally ended the era of Polish private law’s duality — the coexistence of two equal branches of law: civil law, regulating common relations, and commercial law, regulating economic relations. However, it was the last symbolic chord in the history of commercial law during the communist period. In fact, it had been extinguished several years earlier and replaced by a socialist substitute in the form of economic law, intended to regulate the centrally planned, socialist trading, in which there was no space for individual economic activity. The article discusses the mechanism of dismantling commercial law in the political and economical order of the totalitarian state, which Poland became after the Second World War. This mechanism was implemented not on the normative level, by repealing the norms of commercial law, but on the factual one, by eliminating — through administrative, fiscal, and penal pressure methods — addressees of commercial law (already existing and potential entrepreneurs) and taking them away, e.g. by nationalizing the most essential components of their enterprises. In this way, the necessary (personal and property) background of commercial law was destroyed, making its norms irrelevant. Thus, commercial law was condemned to a dozen or so years of non-existence and oblivion before the legislator decided to make a formal decision, which was to repeal most provisions of the commercial code. Only those regulations remained in force that were needed by the communist authorities, e.g. to conduct foreign trade. The effects of several-decades-long systemic non-existence of commercial law are still noticeable today. Despite the systemic transformation in 1989 and the return of the Polish economy to free market rules, Polish commercial law — relegated to the role of a specialized discipline of civil law and formally distinguished only for research and teaching activities — has not yet regained its rank as an independent branch of private law.

scholarly journals Ukrainian-Polish trade and economic relations in modern conditions

2020 ◽  
Vol 23 (10) ◽  
pp. 36-46
Author(s):  
Borys Sulym
Keyword(s):  
Free Market ◽  
Trade In Services ◽  
Negative Effects ◽  
Economic Relations ◽  
Trade Relations ◽  
Goods And Services ◽  
Cross Border ◽  
Polish Economy ◽  
Trade And Investment ◽  
Cross Border Cooperation

The main directions of development of Ukrainian-Polish trade relations are considered in the article. The positive and negative effects of cross-border cooperation in trade and investment are substantiated, as well as a number of recommendations for building mutually beneficial relations on the basis of national interests.The purpose of this article is to assess the Ukrainian-Polish trade and economic relations in modern conditions in order to form scientifically sound recommendations for the development of mutually beneficial cross-border cooperation, taking into account national interests.Research methods. Methods of scientific analysis are used in the critical assessment of the concept of free market and free trade; comparison in the study of the dynamics of Ukrainian-Polish trade relations; graphical method for displaying and comparing trade in goods and services and investment between Poland and Ukraine; method of generalization in the development of proposals to improve the efficiency of cross-border trade and investment between countries, taking into account national characteristics and interests.Results. An assessment of Ukrainian-Polish trade and economic relations over the past ten years is given. It is proved that Ukrainian-Polish relations in the field of trade in goods do not have significant benefits for the Ukrainian economy, as their balance is negative during the period under study. Emphasis is placed on mutual exits in the field of trade in services, where the Polish side actively uses Ukrainian enterprises to order services for processing material resources through cheap labor, which stimulates the inflow of funds into Ukrainian business, job creation and more. There is a significant predominance of Polish investment in the national economy over Ukrainian investment in the Polish economy, due to the higher development of the Polish economy and interest in building branches and subsidiaries of Polish enterprises.A number of measures have been proposed to increase the economic complexity of the domestic economy in order to increase technological exports to Poland and equalize the trade balance between the countries; the directions of development of trade in services (in particular medical services in the conditions of COVID-19), as well as measures to increase the volume of Polish investment are substantiated.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 58 Colombia: Colombian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Salame Antonio Aljure
Keyword(s):  
Latin America ◽  
Civil Law ◽  
Case Law ◽  
Private International Law ◽  
Gap Filling ◽  
Commercial Law ◽  
Legal Relationship ◽  
Commercial Code ◽  
The Hague ◽  
International Instruments

This chapter looks at Colombian perspectives on the Hague Principles. In Colombia, civil and commercial regulations are contained in two separate codes: the Colombian Civil Code and the Commercial Code. Despite their separation, commercial law draws from civil law and regulates several areas not covered by the latter. As a result, civil and commercial law in Colombia should be understood as complementary in that they both regulate international contracts and share similar foundations and principles. There is currently no modern law that comprehensively deals with private international law in Colombia. However, the Bogotá Chamber of Commerce is in the process of drafting legislation with the objective of clarifying the interpretive approach to norms underlying international contracts. Although there is no express reference to the Hague Principles as a guiding or interpretative source of law for judges, it has been recognized in case law that international instruments such as the UNIDROIT Principles of International Commercial Contracts (UPICC) may govern a legal relationship if they do not contravene an express rule. This gap-filling role facilitates the transition of law to modernity by virtue of the requirements of relevance, coherence, and justice.

Freedom of Contract on Crossroads: The Struggle over the Concept of Contract Liberty in 20th Century Poland

2020 ◽  
Vol 66 (1) ◽  
pp. 34-53
Author(s):  
Mateusz Grochowski
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Free Market ◽  
Civil Law ◽  
Contract Law ◽  
Free Market Economy ◽  
Freedom Of Contract ◽  
Political Dynamics ◽  
Precise Understanding ◽  
History Of

The text delves into the origins and theoretic premises of the concept of freedom of contract that developed in Poland throughout the 20th century. It attempts to provide a more precise understanding of the economic and political dynamics that led to creation of the quite strong laissez faire perception of contract liberty, which still seems to underpin most of the Polish discourses about contract law. In so doing, the article seeks to analyze two crucial dynamics that seem to be determinative for the current shape of freedom of contract in Poland: the direct translation of the inter-war model of contract liberty into the current civil law, as well as the rapidity and profoundness of the transformation from the centrally-steered to free market economy in the 1990s. This view on intellectual history of contract liberty is, in turn, applied to analyze frictions in transposition of EU contract law, which occur conspicuously in the Polish realities.

scholarly journals Impact of War: a Diplomatic History of New Zealand's Economic Relations With Britain, 1939-1954

2021 ◽  
Author(s):  
◽  
Malcolm Arthur McKinnon
Keyword(s):  
World War Ii ◽  
New Zealand ◽  
Close Association ◽  
Economic Security ◽  
Diplomatic History ◽  
World War ◽  
Economic Relations ◽  
History Of ◽  
Post War ◽  
Export Industries

<p>This study is a diplomatic history of Anglo-New Zealand economic relations through World War II and the postwar decade. During this tine Britain's priorities were such as to sharply alter her economic interests in New Zealand, compared both with the pre-war and post-1954 eras. It is this transformation which gives the period its distinctive coloration. Throughout these years Britain wanted New Zealand to conserve and direct her resources, initially to assist in the war effort, subsequently to aid the tasks of reconstruction. New Zealand gave active support to Britain. Nonetheless, she could not completely disregard her own interests. In the short-term, there was always pressure to buy on the cheapest and sell on the dearest market. In the long-term, New Zealand faced more fundamental decisions. Should she seek economic security through close association with Britain? Should she diversify her economic relations? Should she try to insulate her domestic from the international economy? These longstanding concerns can be traced through the period. They, too, moulded the course of events. Chapter one looks at the record of economic diplomacy before 1939. Chapters two to five look at the World War II period. Chapter two examines the period from the perspectives of the restraint Britain sought to impose on New Zealand in the consumption of resources. Chapters three to five trace the history of New Zealand's export industries - her major contribution to the struggle - through the war. Chapters six to ten span the post-war decade. Chapter six follows the theme of chapter two through to 1949. Chapter seven looks at Britain's concern about the commercial implications of New Zealand's import policies - a concern which had taken a back seat through the war. Chapters eight and ten take the history of the food export industries through to 1954. Chapter nine picks up the themes of chapters six and seven and takes them through to 1954, and also looks at the wool trade after 1946. Lastly, chapter eleven looks at how the relationship between the two countries evolved after 1954. The end of the long period of stringency meant a return in some, but certainly not in all, respects to pre-war conditions.</p>

scholarly journals Impact of War: a Diplomatic History of New Zealand's Economic Relations With Britain, 1939-1954

2021 ◽  
Author(s):  
◽  
Malcolm Arthur McKinnon
Keyword(s):  
World War Ii ◽  
New Zealand ◽  
Close Association ◽  
Economic Security ◽  
Diplomatic History ◽  
World War ◽  
Economic Relations ◽  
History Of ◽  
Post War ◽  
Export Industries

<p>This study is a diplomatic history of Anglo-New Zealand economic relations through World War II and the postwar decade. During this tine Britain's priorities were such as to sharply alter her economic interests in New Zealand, compared both with the pre-war and post-1954 eras. It is this transformation which gives the period its distinctive coloration. Throughout these years Britain wanted New Zealand to conserve and direct her resources, initially to assist in the war effort, subsequently to aid the tasks of reconstruction. New Zealand gave active support to Britain. Nonetheless, she could not completely disregard her own interests. In the short-term, there was always pressure to buy on the cheapest and sell on the dearest market. In the long-term, New Zealand faced more fundamental decisions. Should she seek economic security through close association with Britain? Should she diversify her economic relations? Should she try to insulate her domestic from the international economy? These longstanding concerns can be traced through the period. They, too, moulded the course of events. Chapter one looks at the record of economic diplomacy before 1939. Chapters two to five look at the World War II period. Chapter two examines the period from the perspectives of the restraint Britain sought to impose on New Zealand in the consumption of resources. Chapters three to five trace the history of New Zealand's export industries - her major contribution to the struggle - through the war. Chapters six to ten span the post-war decade. Chapter six follows the theme of chapter two through to 1949. Chapter seven looks at Britain's concern about the commercial implications of New Zealand's import policies - a concern which had taken a back seat through the war. Chapters eight and ten take the history of the food export industries through to 1954. Chapter nine picks up the themes of chapters six and seven and takes them through to 1954, and also looks at the wool trade after 1946. Lastly, chapter eleven looks at how the relationship between the two countries evolved after 1954. The end of the long period of stringency meant a return in some, but certainly not in all, respects to pre-war conditions.</p>

scholarly journals New in the Czech Civil Code – Rules on Family Enterprise

2020 ◽  
Vol 14 (2) ◽  
pp. 137-152
Author(s):  
Karel Marek ◽  
Martin Janků
Keyword(s):  
Family Business ◽  
First Generation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Commercial Law ◽  
The Czech Republic ◽  
Family Enterprise ◽  
Commercial Code ◽  
The Family

For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s Small and Medium-sized Enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that hasn’t solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The present paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as to highlight the potential weaknesses in the regulation itself.

scholarly journals The history of conspicuous consumption in the United Kingdom: 1945-2000

2017 ◽  
Vol 9 (4) ◽  
pp. 488-510 ◽  
Author(s):  
Georgios Patsiaouras
Keyword(s):  
Free Market ◽  
Conspicuous Consumption ◽  
Economic Policies ◽  
Cultural Changes ◽  
Content Type ◽  
Technological Advances ◽  
Wide Range ◽  
History Of ◽  
Post War ◽  
The Uk

Purpose This study aims to provide a historical understanding of conspicuous consumption phenomena in the context of the UK, between 1945 and 2000. It considers how status-driven consumption has been shaped by economic, technological and cultural factors. Design/methodology/approach Adopting a periodization scheme, concerning two time structures between 1945 and 2000, this paper is based on research stemming from a wide range of data such as academic studies, research articles, narrative history books, past advertisements, novels and biographies. Rich interdisciplinary data from the realms of political economy, sociology, cultural geography and consumption studies have been synthesized so as to provide a marketing-oriented historical outlook on conspicuous consumption phenomena. Findings Status-driven consumption in the UK has been heavily influenced by economic policies, cultural changes and public perceptions towards wealth during the second half of the twentieth century. Post-war rationing, youth-driven fashion, free-market economics and technological advances have played a crucial role in forming consumers’ tastes and engagement with ostentatious economic display. Originality/value Although the vast majority of marketing studies have approached luxury consumption through a psychological angle, this examination identifies the capacity of historical research to uncover and highlight the interrelationships between socio-economic factors and status-motivated consumption.

scholarly journals Family Enterprise in Czech Civil Code

2016 ◽  
Vol 5 (2) ◽  
pp. 25-32 ◽  
Author(s):  
Martin Janku ◽  
Karel Marek
Keyword(s):  
Family Business ◽  
First Generation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Commercial Law ◽  
The Czech Republic ◽  
Family Enterprise ◽  
Commercial Code ◽  
The Family

Abstract For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.

scholarly journals Trajectories of Global Solidarity. Fair Trade Activism Since the 1960s: Introduction

2019 ◽  
Vol 28 (4) ◽  
pp. 512-517
Author(s):  
Peter van Dam ◽  
Andrea Franc
Keyword(s):  
Fair Trade ◽  
Western Europe ◽  
Post Colonial ◽  
Economic Relations ◽  
The North ◽  
Fresh Perspective ◽  
History Of ◽  
Post War ◽  
The 1960S ◽  
The Impact

AbstractActivists throughout Western Europe joined Southern actors in demanding a reform of global trade during the 1960s. This forum focuses on the subsequent trajectories of fair trade activism: the initiatives which aimed to achieve equitable economic relations between the South and the North. The evolution of this movement is situated within larger debates about social movements since the 1960s. The forum demonstrates the importance of a transnational perspective, particularly the impact of the global South and European integration. It highlights fair trade's broad constituency and the contested development of its goals and repertoire. The movement's trajectories challenge us to reassess how activists attempted to shape a post-colonial world in which consumption had become a predominant fact of life. Regarding this strand of activism as part of crucial post-war developments provides a fresh perspective on the history of transnational civic activism.

scholarly journals On Some Problems of Commercial Law in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 72-85
Author(s):  
Oleksandr Romanovich Kovalyshyn
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Entrepreneurial Activity ◽  
Commercial Law ◽  
Commercial Code ◽  
Legal Forms ◽  
Law Regulation ◽  
Legal Entities ◽  
Business Relations

The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by their nature, are primarily private. The presented study explains the current problems of the Ukrainian commercial law as well as civil law regulation of business relations for both: 1) the foreign scholars dealing with the civil law and commercial law; 2) the foreign investors (including investors from the European Union countries) who are already conducting economic activities in Ukraine or plan to invest in the Ukrainian economy. Special attention is given to such issues like the types of ownership, penalties for obligations, differences in legal capacity, difference of approaches to the system of legal entities, existence of some archaic legal forms of entrepreneurial activity, etc. The author emphasizes that undoubtedly the Commercial Code of Ukraine as well as the Civil Code of Ukraine need some updating. There is an urgent need to systematize the existing organizational and legal forms of legal entities and to renew the basics of civil law regulation in Ukraine. It is explained in the paper, while in most neighbouring jurisdictions steps are being taken to systematic update of the commercial codes (including expanding the scope of their legal regulations), in Ukraine steps are being taken to eliminate the commercial code. This seems completely unacceptable; it harms the legal regulation of business relations in Ukraine significantly and slows down the progressive development of the Ukraine’s economy. The analysis of the commercial codes abroad shows that there is no single approach to the list of legal constructions that should form the basis of the relevant code. All, without exception, codified acts of this type are characterized by the presence of special institutions that, from the point of foreign lawyer’s view or current trends in private law, may seem do not meet certain standards.

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