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The Termination of Administrative Contracts in the Romanian and French Law

Author(s): Catalin-Silviu Sararu / Language(s): English Issue: 3/2011

Abstract: The overall objective of this paper is to present a topic of great interest for the present activity of the public administration that emphasizes the contractual procedures as a vital aspect of entrepreneurial governance. Thus, this article is devoted to a summary of the results of an exploratory research on the conditions for termination of administrative contracts. This study analyzed the conditions under which the administrative contracts can be terminated in the Romanian and French law. The analysis using the comparative method based on a descriptive documentary research, emphasizing the particularities of termination in administrative law in relation to private law. The research is finally recovered by „e lege ferenda” proposals which should, in our oppinion reflected in future of the Romanian Administrative Procedure Code. The study is first research in this field in Romania and respond to concrete problems arising in the practice of public administration. The work will have significant implications and for researchers of the administrative phenomenon that in future studies will deepen the problems analyzed here. The work captures doctrinal opinions expressed in comparative law and comes with new legal reasoning to support the research for the juridical institution of the administrative contracts termination.

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Parabanki – wybrane zagadnienia

Author(s): Bartłomiej Gadecki / Language(s): Polish Issue: 35/2017

The article demonstrates particular types and activity of the quasi-bank companies. Very high returns and no risk is a hallmark of the quasi-bank companies. The author presents dogmatic aspects of offence described in the Art. 171 of The Banking Act which regulates crime of conducting the banking acts without authorization and conducting commercial activity contrary to provisions of an Act and using in the company name of organizational unit not being bank, or in the description of its activity or in any advertising, the term “bank”. Also examined herein is the meaning of the following terms: “bank” and “quasi-bank company”. The author points out that quasi-bank companies have several characteristic features.

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Nowe konstrukcje w prawie ubezpieczeń – ankieta ubezpieczeniowa

Author(s): Robert Stefanicki / Language(s): Polish Issue: 104/2017

The popular on the market life insurance with insurance capital fund and life insurance, in whichthe amount of the benefit is determined on the basis of indexes and other underlying values (basevalues), are the categories of complex (complicated) contracts due to present an element of investment.The specific nature determines to a large extent on the more elaborate information requirementsto policyholders, charged to the insurer even at the pre-contractual stage. With this approachit is closely related requirement to carry out by the insurer questionnaire, which serves the purposeof gathering information on the needs, knowledge and experience and financial situation from interestedconclusion of the contract. This instrument is used to make a rational decision market bypotential customers. The following material is intended converging this relatively new topic readers.

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Skarb Państwa a działalność gospodarcza

Author(s): Andrzej Powałowski / Language(s): Polish Issue: XXXVIII/2017

According to art. 33 of the Civil Code, the State Treasury is a legal person. This person shall have rights and duties which relate to state properties not belonging to other state legal persons. The legal provisions emphasize the subjectivity of the State Treasury but do not indicate the possibility (or lack of such possibility) to perform economic activity by theState Treasury and consequently to obtain the status of a subject of such activity.Economic activity - according to the Act on Freedom of Economic Activity - is a legal category with specific and functional characteristics. Everyone shall be free to undertake, conduct and terminate economic activity under equal rights and pursuant to terms and conditions set forth by the law. It would be only possible to assign objectively and functionally specified activities to the State Treasury - as it seems - in the context of the provisions of the Act on State Property Management. However, they are not so much related to the activity of the State Treasury but to the property management and indicate the rules of management (art. 5 p. 1) implemented within the competence of public administration bodies and the scope of office managers. Consequently, there is no specified object of economic activity assigned to the State Treasury. The State Treasury does not fall within any of the legal categories of legal entities specified by the applicable regulations, although this does not preclude - due to the normative imprecise nature of the State Treasury - the possibility of recognizing this legal person as an entrepreneur within the meaning of the CivilCode and the Act on Freedom of Economic Activity.

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Взаємодія приватноправових та публічно-правових засобів забезпечення свободи комерційного господарювання

Author(s): K. V. kharkivska / Language(s): Ukrainian Issue: 21/2015

The author researches an issue of protecting public interests in the field off reedom of a commercial activity and examines an issue of interaction of private and public interests. The author analyzes legal instruments of protecting freedom of a commercial activity.

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Відмежування технології та винаходу: господарсько-правовий аспект

Author(s): O. M. Davydiuk / Language(s): Ukrainian Issue: 22/2015

Problem setting. The legal science purpose is to develop a qualitatively modernized legal institution of technology transfer, which will combine private legal interests of a producer as well as a public interest of a state in extended penetration of these objects in the national economy of Ukraine.Recent research and publications analysis. Researches in this direction have been done by many scientists in the field of the legal science as well as economics and public administration. It is worth mentioning papers of scholars such as Yu. Ye. Atamanova, K. Yu. Ivanova, O. V. Hladka, O. A. Pidopryhora, and O. D. Sviatotskyi. Nevertheless, there is no strict delimitation between the sense of a concept of technology as an object of economic and legal regulation and an invention as an object of an intellectual property right.Paper objective. Indication of peculiarities of the legal status of inventions and technologies and development of recommendations on improvement of the current legislation of Ukraine are aims of the research.Paper main body. As a result of peculiar combination of objects of intellectual property rights and their internal integration, the objects are enhanced and applied exactly as part of the technology. The invention should provide a new technical solution being unknown at a modern level of engineering. The invention is a component of the technology. It determines the main and determinative technical characteristics. At the doctrinal level these objects correlate as part of the whole.Conclusions of the research. The technology is the combination of several objects of an intellectual property right as those have already got legal protection as well as those vested with the ability to be protected. An invention is always an integral object. All the components of the technology are connected by the single functional purpose — production of goods and providing services. They encompass the whole production algorithm of this activity. The invention can be used only as part of a certain technological process and occasionally intermediate a whole production cycle. The combination is recognized as the technology in one of the following four cases: a technology application result is vested with properties, which haven’t been known before; a current level of technological development haven’t given an opportunity to obtain them; application of the technology enables to significantly cheapen a process of obtaining such a result; a result of such application is the new technology. The invention can provide neither significant economic nor significant technical results.Short Abstract for an article Abstract. The article is dedicated to particular scientific issues of delimitation between the technology as an object of economic and legal regulation and inventions as objects of intellectual property rights and peculiarities of their application in economic circulation.The article is dedicated to particular scientific issues of delimitation between the technology as an object of economic and legal regulation and inventions as objects of intellectual property rights and peculiarities of their application in economic circulation.

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Роль правових засобів у забезпеченні свободи комерційної діяльності

Author(s): K. V. kharkivska / Language(s): Ukrainian Issue: 22/2015

The article researches the role of legal means in providing freedom of the commercial activity. The author analyzes «legal means» as instruments and processes. The author considers correlation between the legal means and regulative influence of a state on economic activity.

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О ВРСТАМА ФРАНШИЗНИХ НАКНАДА

Author(s): Strahinja Miljković / Language(s): Serbian Issue: 72/2016

By accessing a franchising network at the moment of contracting a franchising agreement, a franchisor concedes the franchise package of rights to a franchisee. Making use of the benefits provided by business operations in a developed and market-recognizable franchise network, the franchisee has certain contractual obligations which are embodied in financial compensation to the franchisor. The franchisee is obliged to pay the franchisor certain fees, such as: 1) the initial franchise fee; 2) the continuing franchise fee and 3) the advertising fee. The initial franchise fee may be regarded as „an entry fee“, i.e. a ticket to a franchising network. The continual fee is an active revenue which allows a franchisor to finance the activities of rendering a wide range of services to a franchisee and, concurrently, to make profit. The advertising fee is paid to a franchisor by a franchisee for services rendered in the field of advertising business. In the author’s opinion, the professional public in the country should pay considerable attention to this topic, with specific reference to the experiences of countries with developed franchising business practices.

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Zjawisko korupcji i jego zwalczanie w prawie ukraińskim

Author(s): Yulia Dorokhina,Beata Pankowska-Lier / Language(s): Polish Issue: 1/2018

Stamping out corruption was one of the demands of Euromaidan on Maidan Nezalezhnosti in 2014. Since then, far-reaching changes have been introduced in the legal and institutional sphere. Yet the question of what has actually changed – in practical terms – regarding the combating of corruption in Ukraine remains open. What is the current level of corruption in Ukraine? What pieces of legislation have been adopted in order to combat corruption? How are corruption offences regulated under the Ukrainian criminal code and, consequently, how is a criminal offence defined under Ukrainian law? How does society view corruption and the effects of stamping it out? And, above all, what political means and measures are necessary to effectively combat corruption? The authors of this article attempt to thoroughly answer all the aforementioned questions. In order to fully understand the issue of corruption in Ukraine it is necessary to consider not only criminal responsibility for corruption offences, the effectiveness of prosecuting authorities, and new legislation on combating corruption, but also the political and economic situation of the state, as well as Ukrainian society’s approach to this issue. The authors have made every effort to present this issue in a comprehensive manner.

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Joint Stock Companies in the Italian Legal System

Author(s): Carlo Bruni / Language(s): English Issue: 1/2018

In the Italian legal system a company (società) is the collective exercise of an enterprise. From an organisational point of view, companies may be divided between: (1) companies of persons and (2) share companies. Share companies may have either a profit motive or an object of mutual benefit. Share companies with a profit motive are, inter alia, the Joint Stock Companies. This is both: the principal type of company and the most appropriate company structure for large enterprises which involve a considerable capital and the assumption of a notable risk. The peculiar characteristic of this type of company is that the relationship between the company and its shareholders is impersonal and anonymous. The three distinguishing features of the SpA are: first, the liability of the shareholders is limited to their contributions; second, the participation of the shareholder in the company is represented by shares of equal nominal value; and finally, the company must have a minimum capital.

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ISTOTA PODMIOTÓW PRAWA PUBLICZNEGO

Author(s): Krzysztof Chochowski / Language(s): English,Polish Issue: 1/2019

Public law entities play a significant role in a democratic legal state and its publicadministration system. They enable the active participation of an individual in the exercise ofpublic authority and involvement in public affairs. They help to build a civil society andprotect against the phenomenon of a crisis of democracy. Above all, however, they serve toprotect human dignity as a source of freedom and human and civil rights. For this reason, theissue of determining their essence is important. It is not easy because it has undergone ametamorphosis over time and it is not one category.This article presents considerations regarding the essence of public law entities. It pointed tothe necessity of: possession of public rights by entities; recognition of their public-lawsubjectivity; granting them public authority; owning own cases carried out independently;being subject to state supervision.

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UWARUNKOWANIA PRAWNE I EKONOMICZNE LEASINGU W POLSCE

Author(s): Ryszard Białek,Sylwester Bogacki / Language(s): English,Polish Issue: 1/2019

The leasing contract is based on the construction of a payable use of things by the user, withoutownership. Throughout the duration of the contract, the thing remains the property of thefinancing party (in a civil-law sense) securing owner’s interests, while the user, when payinglease installments and not purchasing the used item, uses it for its business purposes. Theleasing contract is a contract named, whose essentialia negotti are regulated in the Civil Code.A leasing contract is a special type of contract for the use of things, a contract located directlyin the Civil Code under the provisions on lease and tenancy. The regulation of the leasingagreement is based on the provisions of a dispositive nature.

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REGULATIONS OF FINANCIAL LAW AS REGARDS FINANCIAL STATEMENTS

Author(s): Marian Stefański / Language(s): English,Polish Issue: 1/2019

The financial statement of the business unit ends the work of the accounting department givinga preliminary view of the company's operations. The numbers and data included in it should bea reliable way to include all operations during the financial year of a unit. Thanks to financialreporting it is possible to translate accounting data into information necessary to manage thecompany and its assessment by external recipients.

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ANALIZA PRAWNA ZASAD OPODATKOWANIA INFRASTRUKTURY KOLEJOWEJ PODATKIEM OD NIERUCHOMOŚCI (PRZYKŁAD POLSKI)

Author(s): Daniel Szybowski,Tomasz Wołowiec / Language(s): English,Polish Issue: 1/2019

The main problem raised in this article concerns the issue of the real estate tax on the broadlyunderstood railway infrastructure. Its complexity determines the necessity of defining anddescribing individual elements constituting the basis for real estate tax. Railway infrastructureis exempt from taxation if it meets the following conditions: it is available to rail operators orit can be used to transport people, or it creates railway lines with a track gauge exceeding 1435mm. The exemption provided by Article 7 paragraph 1 point 1 of the Act on Taxes and LocalFees can be applicable if the railway infrastructure meets at least one of the above conditions.This means that in an attempt to indicate whether a given facility benefits from the said exemption,it is first necessary to determine whether it is a railway infrastructure within themeaning of the railway transport regulations, and then to analyze the fulfillment of the abovementionedconditions.

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INTELLECTUAL PROPERTY LAW OF COMPUTER-GENERATED WORKS DERIVING FROM ARTIFICIAL INTELLIGENCE

Author(s): Akbar Ismanjanov / Language(s): English,Polish Issue: 1/2019

With the proliferation of artificial intelligence, the significant domain forming the copyrightableworks autonomously created by the computer, without significant expenditure of humaneffort and skill. The reality of today is that information content is predominantly coming fromthe computer, where the idea-expression dichotomy of originality is rather referring to thecomputer than a human author. However, the copyright is revolving around the humancenteredauthorship its showing resistance to non-human creativity. In the context of authorship,the artificial category of a corporation owning property in the interest of their shareholdersallowing application concerning the artificial intelligence author. Moreover, computerprograms exercising independent choice in the unpredictability of the outcome of the operationcan objectively approximate artificial intelligence to the qualification of authorship.

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UŻYTKOWANIE BUDYNKU A OBOWIĄZEK PODATKOWY W PODATKU OD NIERUCHOMOŚCI

Author(s): Sylwia Skrzypek-Ahmed / Language(s): English,Polish Issue: 1/2019

In practice, doubts may arise both about the issue of the tax obligation under real estate tax, aswell as its expiry, especially in the situation of demolition of buildings (or sale of real estateafter construction). Taxpayers point out that an object deprived of one of the constitutive elements,such as walls or roof, is not a building and should not be taxed regardless of the durationof its demolition. The majority of administrative courts take the side of taxpayers, stating,among other things, that demolition works in a building are most often stretched in time, thereforethe tax obligation may be extinguished before the end of demolition due to the demolitionof the building's constitutive features under the Act . Thus, the expiry of the tax obligation maybe related to depriving the building of one of the external building partitions (a load-bearingwall) or the roof. It is important, therefore, that the taxpayers carrying out the demolition (inthe event of a dispute with the tax authorities) can document the demolition of the roof or wallof the building, entries in the construction log, as well as evidence in the form of photographicdocumentation.

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UWARUNKOWANIA PRAWNE FINANSOWANIA INWESTYCJI JEDNOSTEK SAMORZĄDU TERYTORIALNEGO POPRZEZ POZABANKOWE INSTRUMENTY FINANSOWE W POLSCE

Author(s): Tomasz Wołowiec / Language(s): English,Polish Issue: 1/2019

The regulations on debt limits introduced in 2014 caused adapting by local government unitstwo ways of proceeding. The first consists in "classic" adaptation to the provisions of thePublic Finance Act, through the restructuring of budget expenditures and the development of afinancial surplus, allowing for safe incurring of new obligations and possible servicing of "old"debt. The second way is what can be called the form of the "Creative accounting", involvingthe use of non-bank financial institutions (quasi-banks) or the use of financial operations otherthan bank loans and municipal bond issues. These are leaseback agreements, reverse sale ofreal estate, as well as unnamed agreements causing debt restructuring (e.g. subrogation, forfeitingor factoring), installment payments, as well as subsidies to the capital of municipal companies.

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Podstawy odpowiedzialności cywilnej krajowych organów nadzoru finansowego w świetle doświadczeń zagranicznych

Author(s): Ewa Bagińska / Language(s): Polish Issue: 1/2019

The article reviews legislation and case law in European states regarding claims of individuals and shareholders who seek monetary compensation against public authorities for failure to supervise financial market and its institutions. The author presents the evolution of the standard of liability in Poland and selected other countries. The doctrine of the protective purpose of legal rules and its impact on the extent of liability is also discussed. In this comparative context the liability of the Polish Supervisory authority is then outlined. Finally, policy arguments for and against tortious liability of financial supervisory authorities are summarised

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GEOGRAPHICAL INDICATIONS AND EUROPEAN FOODSTUFFS PROTECTION

Author(s): Di Costanzo Lucia / Language(s): English Issue: 1 (46)/2020

Labelling the foodstuffs on the market is a difficult task, especially if youmove from one regional dimension reference to an external and global dimension. Therecognition of food typical products within the European Union stems from the CouncilRegulations, which provide their protection and enhance the credibility of the products in allconsumers, by virtue of the European mark and Geographical Indications. The latter enablerecognition of foodstuff characteristics and offer the consumer a guarantee and anassurance of quality over time. They reflect the characteristics of the local culture andenvironment, understood as a combination of natural factors and human factor, directexpression of man's ability to develop production processes. Therefore, the differencesbetween the different legal protections provided for geographical indications and trademarksin the food sector should be reduced, even beyond Europe. By providing a more uniformapproach, such a framework will generate a greater sensitivity and attention to the value ofagriculture as well as protection of the specificity of agri-food products.

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ASSESSMENT OF EMPLOYEE ENGAGEMENT IN THE BOTSWANA PUBLIC SERVICE

Author(s): Ndonga Kefentse,Tshukudu Theophilus Tebetso / Language(s): English Issue: 1 (46)/2020

The level of productivity in the public service has always remained a topicalissue among both the public (as clients) and stakeholders of the public service. AccordingTshukudu (2008), the prevailing situation in the work place has been that of low workperformance poor service delivery and high labour turnover, exacerbated by an extremelyapathetic work attitude. Evidence of these factors is observable in BPS and to a large extentcontinue weaken the structures established and affecting the economy at large. This articleexplores measure of employees’ engagement in the Botswana Public Service. The article isinspired by the persistent outcry about poor performance in service delivery and the lowproductivity levels in the BPS, amidst adoption of performance reforms. The introduction ofadministrative reforms has seen some progressive improvements in the processes and worksystems albeit gradually. The qualitative study was undertaken to investigate strategiesused to improve employee engagement in the Botswana public service and has observedthat generally there has been limited attention given to this factor in many previous studiesconducted on the sector, and consequently less is known to managers and how it can beincorporated into people management practice in the Botswana public service.

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