scholarly journals Acquisition and Loss of the Public Law Status of Entrepreneur – Interpretation Problems of Public Commercial Law in Poland

2013 ◽  
Vol 33 (1) ◽  
pp. 127-138
Author(s):  
Maciej Etel
Keyword(s):  
National Court ◽  
Public Law ◽  
Entrepreneurial Activity ◽  
Commercial Law ◽  
The Public ◽  
Central Register ◽  
The Creation ◽  
The Moment ◽  
Scientific Value

Abstract The obligation of the legalization of entrepreneurial activity from Article 14 of The Act of July 2, 2004 on the freedom of entrepreneurial activity caused deliberations regarding constitutive or declarative character of the legalization entry and as a result, created a problem with indication of the moment when the public law status of an entrepreneur is acquired (or respectively - lost). The answer to the question whether Central Register and Information of Entrepreneurial Activity or the register of entrepreneurs of the National Court Register have also the creation function incites many controversies and is subject to discussions, in the process of which two main standpoints were formed. It is also important to note that the resolution of the discussed issue not only holds scientific value, but above all, it has significant importance in practice. Therefore, it is necessary and even essential. Furthermore, it is typical for this issue that concerns related thereto and arguments raised during the discussion have their basis in the legislation in force and in fact, encapsulate the favoured path of its interpretation.

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

scholarly journals PUBLICZNOPRAWNE ASPEKTY KONSTRUKCJI „ZŁOTEJ AKCJI”

2016 ◽  
Vol 12 (2) ◽  
pp. 29
Author(s):  
Elżbieta Małecka
Keyword(s):  
Public Law ◽  
Public Order ◽  
Commercial Law ◽  
The Public ◽  
Eu Countries ◽  
Golden Share

PUBLIC ASPECTS OF GOLDEN SHARE CONSTRUCTION Summary In this paper I have tried to show the aspects of public law involved in the construction of a golden share. In view of the numerous privatisation processes which companies of strategic importance for the public order and security of a given state have undergone, the institution of the golden share has been made subject to public law. The literature I refer to presents the components of public law applicable to the golden share. The solutions prescribed in the Polish act of 2010 and in the legislation of other EU countries confirm that currently the connections of this institution with commercial law are becoming more and more tenuous.

scholarly journals Public-law aspects of the concentration of subjects in the market

2003 ◽  
pp. 159-176
Author(s):  
Svetislav Taborosi ◽  
Tatjana Jovanic
Keyword(s):  
Multinational Corporations ◽  
Public Interest ◽  
Public Law ◽  
Institutional Arrangements ◽  
The Public ◽  
The Creation ◽  
National Boundaries ◽  
The Right ◽  
And Function ◽  
Legal Subjects

In this paper, the authors discuss the public-law aspects and institutional arrangements related to the tendency for concentration and centralization as objectively existing processes and circumstances in liberally organized markets. Since this creates individual legal subjects which with their activities could endanger the proclaimed market liberties and the right for competition, there is a public interest to set public-law limitations for such subjects. In that sense, the paper discusses those (vertical and horizontal) contracts between companies which enable the creation of monopolies like in the case of concerns, trusts, cartels and their various conglomerates, including those which surpass national boundaries and function as multinational corporations.

scholarly journals SPECIFICITY OF THE COLLECTIONS AT MUSEUM BRANCHES OF THE RACZYŃSKI LIBRARY IN POZNAN

Muzealnictwo ◽  
2021 ◽  
Vol 62 ◽  
pp. 236-245
Author(s):  
Eliza Hamrol-Grobelna ◽  
Mirella Kryś
Keyword(s):  
The Public ◽  
The Creation ◽  
Book Collections ◽  
The Moment ◽  
The One

Two theses are formulated by the paper’s authors. The first speaks of the mission of making culture products available to the public, which was precisely the one Count Raczyński followed at the moment of founding the Library in 1829, and of the validity of this mission in the operations of the museum branches of the Raczyński Library: the Literary Museum of Henryk Sienkiewicz (MLHS) and the Flat-Studio of Kazimiera Iłłakowiczówna (MPKI). The second thesis claims that the book collections of both institutions are very special: they contain exceptional books and their book collections as such can become the object of research for literary scholars and linguists. Furthermore, information on the creation of the Raczyński Library and on the foundation of its museum branches is provided. In their analyses the authors classify the book collections into three basic categories: donated items, books that stand out as for their appearance, works created by the institutions’ donors, and an additional category for MPKI: books serving as tools for writers. The most interesting items within each category have been distinguished and described.

scholarly journals PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

2018 ◽  
Vol 1 (4) ◽  
pp. 56-65
Author(s):  
Irina Glazunova
Keyword(s):  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
Entrepreneurial Activity ◽  
Negative Consequences ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Creation ◽  
Tax Systems ◽  
The Moment

The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the structure of regional budgets, the main directions of the tax policy of Russia testify to the forthcoming reform of tax consolidation in Russia.Conclusions. The emergence of the institution of tax consolidation is a natural consequence of the development of the world economy. Most developed countries of the world actively introduce elements of consolidation into taxation systems, successfully providing a balance between the positive and negative consequences of its implementation. Meanwhile, the level of preparation and implementation of tax consolidation in Russia at the moment is not high enough, so the institution requires a consistent reform.

PROBLEMS CAUSED BY SMALL PIG FARM ODOR AROUND THE WESTERN SONGKHLA LAKE BASIN

2017 ◽  
Vol 2 (1) ◽  
pp. 1-13
Author(s):  
Papontee Teeraphan
Keyword(s):  
Air Pollution ◽  
Lake Basin ◽  
Urgent Problem ◽  
The Public ◽  
Pig Farms ◽  
Pig Farm ◽  
The Government ◽  
The Moment ◽  
Source Of Information ◽  
Proper Solutions

Pollution is currently a significant issue arising awareness throughout the world. In Thailand, pollution can often be seen in any part of the country. Air pollution is pointed as an urgent problem. This pollution has not damaged only to human health and lives, it has destroyed environment, and possibly leading to violence. In Phattalung, air pollution is affecting to the residents’ lives. Especially, when the residents who are mostly agriculturists have not managed the waste resulted from the farm. In Phattalung, at the moment, there are many pig farms, big and small. Some of them are only for consuming for a family, some, however, are being consumed for the business which pigs will be later purchased by big business companies. Therefore, concerning pollution, the researcher and the fund giver were keen to focus on the points of the air pollution of the small pig farms. This is because it has been said that those farms have not been aware on the pollution issue caused by the farms. Farm odor is very interesting which can probably lead to following problems. The researcher also hopes that this research can be used as a source of information by the government offices in order to be made even as a policy or a proper legal measurement. As the results, the study shows that, first, more than half of the samples had smelled the farm odor located nearby their communities, though it had not caused many offenses. Second, the majority had decided not to act or response in order to solve the odor problem, but some of them had informed the officers. The proper solutions in reducing offenses caused by pig farm odor were negotiation and mediation. Last, the majority does not perceive about the process under the Public Health Act B.E. 2535.

‘Langen Katresnan’ Video Animasi dengan Tema Ramayana Episode Penculikan Shinta

2014 ◽  
Author(s):  
Ika Yulianti
Keyword(s):  
Performing Arts ◽  
New Work ◽  
Two Dimensional ◽  
The Public ◽  
The Creation

Ramayana story has been widely known in Indonesian society since centuries ago. This story has been disseminated from generation to generation. The story is familiar to the public in the form of this kakawin often staged in the form of performing arts, dramatari, puppet performances, as well as in the form of puppet or sculpture. Ramayana story has a lot of episodes, but in the creation of this animated video work taking Shinta kidnapping episode. This animated video works explored the form of characters and stories, as well as collaborate with dance, heater and musical arts. Kidnapping of Shinta’s story became the basis of the principal narrative in the creation of animated video with the theme of Ramayana episode kidnapping Shinta ‘Langen Katresnan’ which then developed in accordance with the ideas and concepts. It also supports the creation of new work that promotes originality of the work. This animated video works using two-dimensional techniques. This is actually a reference to that puppet animation that was first recognized by earlier ancestors.Keywords: puppet, Ramayana, animation

Makna Alif dalam Puisi Zikir D. Zawawi Imron dan Sajak Alif Ahmadun Yosi Herfanda

2020 ◽  
Vol 2 (1) ◽  
pp. 52
Author(s):  
Sholeha Rosalia ◽  
Yosi Wulandari
Keyword(s):  
Comparative Study ◽  
Comparative Method ◽  
The Self ◽  
Sociology Of Literature ◽  
Self Reflection ◽  
The Public ◽  
The Creation

Alif means the first, saying the Supreme Life and is Sturdy and has the element of fire and Alif is formed from Ulfah (closeness) ta'lif (formation). With this letter Allah mementa'lif (unite) His creation with the foundation of monotheism and ma'rifah belief in appreciation of faith and monotheism. Therefore, Alif opens certain meanings and definitions of shapes and colors that are in other letters. Then be Alif as "Kiswah" (clothes) for different messages. That is a will. "IQRO" is a revelation that was first passed down to the Prophet Muhammad. Saw. Read it, which starts with the letter Alif and ends with the letter Alif. The creation of a poem is influenced by the environment and the self-reflection of a poet where according to the poet's origin, in comparing in particular Alif's poetry from the two poets. The object of this research is the poetry of Zikir by D. Zawawi Imron and Sajak Alif by Ahmadun Yosi Herfanda. This study uses a comparative method and sociology of literature. Through a comparative study of literature between the poetry of Zikir D. Zawawi Imron and Sajak Alif Ahmadun Yosi Herfanda, it is hoped that the public can know the meaning of Alif according to the poet's view. With this research, the Indonesian people can accept different views on the meaning of Alif in accordance with their respective understanding without having to look for what is right and wrong. The purpose in Alif is like a life, in the form of letters like a body, a tree that is cut to the root, from the heart is split to the seeds, then from the seeds are split so that nothing is the essence of life. So, it is clear that Alif is the most important and Supreme letter. Talking about the meaning of Alif as the first letter revealed on earth. After the letter Alif was revealed, 28 other Hijaiyah letters were born. The letter Alif is made the beginning of His book and the opening letter. Other letters are from Alif and appear on him.

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