The article concerns the evolution of various forms of cooperatives existing in French law. The regulations are presented chronologically, starting with the Act of 1867 and continuing with the provisions currently in force, especially the ones currently in force from the 1947. Types of cooperatives are shown, depending on the economic sector, which are a function of regulations in private law. Issues were raised related to questions that arise in the practice and theory of law in France and which may be important for Polish practice and Polish regulations. Among other things, answers to the questions will be analyzed - what reforms were carried out to adapt the old idea of cooperatives to the new economic conditions in France and in the world, whether the French cooperative model is a regulatory success or perhaps it was developed by adapting to the environment, hence the large amount of case law in this system , why a cooperative code has not been created and whether it has an impact on the activities of cooperatives, even though the share of cooperatives in many sectors of the economy is significant.
This study addresses the problem of the optimal strategy for protecting (a) private interest and (b) public interest in the event of insolvency of a cooperative savings and credit union. According to available data, the collection of credit claims by trustees of bankrupt credit unions is relatively high. Therefore, the economic effectiveness of bankruptcy proceedings conducted against credit unions in Poland may indicate that it is premature to choose the bankruptcy path.
Uzyskanie przez spółdzielnię statusu przedsiębiorstwa społecznego powoduje zmiany w zakresie prowadzonej przez nią działalności, rozszerzające go ponad działalności gospodarczą, na reintegrację społeczną i zawodową osób zagrożonych wykluczeniem społecznym lub realizację usług społecznych. Dochodzi także do zmian w strukturze spółdzielni przez wprowadzenie w niej organu konsultacyjno – doradczego. Spółdzielnia będąca przedsiębiorstwem społecznym nie może dzielić nadwyżki bilansowej (zysku) między członków. Istnieje także wymóg niezależności spółdzielczego przedsiębiorstwa społecznego od Państwa i samorządu. Należy zbadać czy te wymogi dla spółdzielni korespondują z Zasadami Spółdzielczymi, uznawanymi przez Międzynarodowy Związek Spółdzielczy za fundamentalne dla określenia spółdzielczego charakteru danej osoby prawnej i jak zmieniają charakter spółdzielni w prawie polskim.
This paper contains a comparative analysis of cooperative tenures available in housing cooperatives in Poland and Germany. The investigation is based on the typology that understands property rights from the moderate constructivist approach and applies them to housing tenures by means of the analysis of the distribution of specific bundles of property rights which appears to be different across the housing tenures. Innovative intermediate tenures as housing options beyond tenancy and homeownership are approached and supported for a particular reason – as remedies to address the growing European housing crisis. So, the article contains a comparative analysis of the features of cooperative housing tenures as intermediate tenures for international comparisons of ‘affordable’ and ‘social housing’ options.
The article discusses the issue of the applicability of the criminal provisions contained in the Cooperative Law to members of the management board of housing cooperatives, in particular the possibility of attributing criminal liability to them for failing to timely file a bankruptcy petition
Italian law establishes the legal status of social enterprises by providing the accreditation of entities that satisfy the requirements to be a social enterprise. Given the variety of legal forms of social enterprises, the details in the rule of asset lock may vary in the course of their regular operation. The reform of the third sector, which clarifies that social enterprises belong to it, would add to the complexity of the situation In this context, the question of how the asset lock can be used to ensure that there is no drift away from the social purpose of the social enterprise is of paramount concern. This paper will explore four main types of participants in these entities, which are directors, shareholders (or members), third parties, and the controller. To this end, the operation of the asset lock will be dissected by discussing and analyzing the constraints on directors’ remuneration, the principle of the non-distribution of profit motive, restrictions on transactions with third parties in social enterprises, and regulation by the controller during this period of operation, as well as by comparing from a theoretical point of view which of the legal forms of social enterprises would be more conducive to serving the interests of the community and the public interest.
The article discusses the boundaries of applying the institution of interest-free credit by members of the Cooperative Savings and Credit Union (SKOK). The concept of interest-free credit was introduced into Polish law as a result of implementing the EU Directive 2008/48/EC, allowing member states to establish sanctions for breaches of national provisions adopted in accordance with this directive.
According to Polish law, a consumer can demand repayment of credit without interest and other costs if the creditor has violated the informational obligations specified in the Consumer Credit Act. Similar sanctions already existed in national law, but their formulation underwent changes, including the requirement of written declaration by the consumer.
However, the interest-free credit sanction appears to be disproportionate and one-sided, negatively impacting the economic interests of the creditor. Particularly problematic is its implementation in the case of SKOKs, where members have extended financial liability for the union's activities.
Analyzing the principle of proportionality in the context of applying the interest-free credit sanction against SKOKs highlights the need to maintain a balance between consumer interests and the financial stability of the union. In the case of SKOKs, which operate on the basis of shared ownership by members and a common economic purpose, applying the interest-free credit sanction requires particular caution and consideration of the specific nature of these relationships.
The author of the article emphasizes the need to change the regulations concerning interest-free credit to account for differences in creditor misconduct and the specific economic relationships between the creditor and the consumer. The de lege ferenda proposal suggests introducing differentiated sanctions and considering the actual harm to the consumer, which would allow for more proportionate and fair regulations regarding consumer protection and the stability of SKOK-type financial institutions.
The aim of the paper is to consider the acceptability in the Polish legal system of crediting a commission by an entrepreneur to a consumer for granting a loan, and in particular the admissibility of charging interest on the amount granted to the consumer in order to credit such a commission. The subject of the article is also the issue of correct calculation of the annual interest rate on consumer credit for cases in which the commission related to granting the loan is credited to the consumer. An important issue is also whether the crediting of the commission, understood as the granting of a loan to the consumer by the entrepreneur to cover the commission and charging interest on the part of the loan repaid in loan installments, may entitle the consumer to submit a statement on the use of the sanction of free credit, and thus to return the loan without interest and other fees. Another practically significant legal problem is the problem of whether a clear indication in the agreement that the lender will charge interest on the credited commission, resulting in the informed consent of the consumer borrower to such content of the legal relationship, is relevant for both parties to be bound by the concluded agreement. These problems have gained great practical significance due to the fact that specialized companies have appeared on the market, which professionally deal with the purchase of claims from consumers resulting from loan agreements for a fraction of their value.
The article presents the concept of two models of credit unions systems – Polish and
American. Following diversification is the result of comparative analysis of selected aspects
connected to functioning credit unions in Poland and USA, such as: idea and regulation,
spheres of activity, organizational structure, and supervision. Also, in the article author took
an attempt to perform the exegesis of „common bond”. The article assigns features each of
systems, which allows to distinguish two models of credit unions systems. The article
formulates postulates connected to polish system of credit unions, lead to enhancing their
competitivity and effectivity.
This article concerns selected issues regarding the impact of the termination of marriage as a result of the death of one of the spouses and in the event of a divorce on the spouses' rights to the residential premises in the field of cooperative ownership right to the premises and cooperative housing tenancy right to the residential premises. The undertaken considerations relate mainly to issues specific to these rights arising from the Act on Housing Cooperatives.
Human rights are among the recognized areas of international law. However, global actors such as the United States, the European Union, China and Russia have different perceptions of their place in the international order. These differences have been exacerbated as China and Russia have increasingly challenged the dominant position of the United States since the late 20th century. Russia’s aggression against Ukraine and the practical division of the world into the West and East have been of additional importance in exacerbating the differences. The positions of these parties with regard to human rights are presented in the context of the formulation of doctrines of the international order, the attitude towards the attempt to recognize that certain human rights constitute norms juris cogentis, and the relationship between human rights and unilateral coercive measures.
The problem of qualifying the right to strike in the catalogue of human rights or workers' rights has been raised since 2012 within the framework of the conflict between employers and the International Labour Organization. In 2012, the Employers’ group of the ILO Governing Body refused to accept the list of cases for analysis while submitting a statement in which several allegations were made. The most important element of the dispute is the fact that the ILO Convention No. 87 does not regulate the right to strike, therefore, according to employers, it should not be the subject of the ILO’s interpretation. Pursuant to the content of the Convention, its provisions may be interpreted by the International Court of Justice only. The analysis presented in the article proves that this issue is still up-to-date.
Consideration of this issue cannot refer only to research on strike in general but it must also include the sector of essential services. This issue is not explored in science because the aspect of the indicated sector is omitted, although it is crucial in practice.
This article presents the results of research on the very concept of the sector of essential services. The essence is to understand the nature of this sector. Essential services are indispensable in the functioning of everyday life of every human being and the lack of their provision will lead to irreversible damage.
It is argued in the presented considerations that research on legal qualification should be based not only on the analysis of regulations but also on philosophy. It is necessary to pay attention to the resulting moral dilemmas. This method is not exhaustive and universal, however it aims to improve the incompletely presented approaches and solutions to the problem.
The discussion around artificial intelligence (AI) is currently leading the political, journalistic, technical and legal debate. This interest should come as no surprise, given that this technology is likely to underpin the ongoing process of the so-called 'fourth industrial revolution', leading us towards strategic economic and social change. In this debate, however, theoretical and legal considerations touching on the very process of the creation of artificial intelligence law have not received a cross-cutting discussion. This article attempts to fill this gap, building research areas for further comprehensive expansion.
The topic of AI lawmaking is discussed here from three aspects. Firstly, vertically, by presenting the directions of legislative work carried out by legislators of diverse subjects; horizontally, by analysing the areas and issues that appear to be of regulatory relevance due to the use or imminent implementation of IS-based systems in them; and finally, thirdly, by presenting the regulatory methods and types of legal norms that are or should be subject to legislative use in the area of IS law. These considerations have made it possible to outline the directions and foreseeable effects to which this use will lead.
In this paper, I address the problem of the enforceability of a claim for payment of a contractual penalty in the context of the admissibility of set-off of this claim. This problem manifests itself primarily in a situation where contractual provision regarding the penalty does not contain a deadline for its payment. The prevailing view in contemporary Polish case law says that in such a situation the obligation to pay the contractual penalty is indefinite, and therefore the claim for payment becomes due after the debtor is called to perform this obligation, which means that the creditor should first demand the payment of the contractual penalty. I tackle the issue from a historical perspective, starting from Roman law, through ius commune and doctrine views expressed on the basis of the Code of Obligations of 1933, to the modern doctrinal and jurisprudence concepts. These concepts, to the extent that they emphasize the need for prior demand for payment of a contractual penalty, establish a new requirement, breaking with the old tradition of understanding of the enforceability of a claim for payment of a contractual penalty.
The paper deals with the theory of legal interpretation. The main problem of this field of jurisprudence is the perception of the purpose of the interpretative process (ontological dimension) and the desired methodology for determining the meaning of a legal text (application dimension). The author's aim is to establish the parallel elements of contemporary intentionalism (represented by Stanley Fish, Lawrence Alaxander, Jeffrey Goldsworthy, Richard Ekins and Zygmunt Tobor) and the traditional concept of Eugeniusz Waśkowski's interpretation. It turns out that both currents equate the determination of the meaning of the text with the determination of the intention of the legislator. Thus, they fit into the communicative perception of the law.
From August 15, 2024, every entity providing hotel services in facilities where minors may stay or are staying is obliged to have and use the so-called standards for the protection of minors (SPM). This document should include policies and procedures for protecting children from harm. In the case of hotel facilities, the most important thing is to develop rules and procedures regarding the relationship between minors and the facility's staff, as well as the identification of the minor and his relationship with the adult with whom he is staying in the facility. The legislator, introduced the responsibilities mentioned above, but did not provide any instructions on how to implement them. Meanwhile, the obligation to identify a minor and his relationship with the adult with whom he is staying in the facility may cause difficulties in practice. The article indicates related problems and ways to solve them. An opinion was also expressed on the need for urgent intervention by the legislator in this respect, by directly indicating the personal data that a hotel facility may request in order to fulfill the obligation imposed on it.
This article is devoted to the general prerequisite (also known as the functional prerequisite) of an extraordinary appeal, as set forth in Article 89 § 1 in principio of the Supreme Court Law. Its fulfillment determines the possibility of upholding the extraordinary complaint. In other words, a final decision of a general or military court may be revoked only if it is necessary to ensure compliance with the principle of a democratic state of law realizing the principles of social justice. An analysis of the indicated concept in the existing doctrine and case law was carried out, and conclusions were presented.
The daughter of Peter the Great, Empress Elizabeth of Russia (1741-1761), upon ascending to the throne, attempted to amend the Code of Tsar Alexei Mikhailovich from 1649 (Sobornoye Ulozheniye) and her father's legislation. She introduced a moratorium on the death penalty, defined the age of juvenile offenders, and established rules for their accountability for committed acts. In 1754, she established a Codification Commission, which presented a draft of the new Russian Criminal Code.
The Polish Research Evaluation Exercise was created in 2018 as a tool for an impartial research assessment and university block grant allocation. The system, however, got distorted by arbitrary political interferences and badly created metrics. This paper proposes legislative changes that will make the system workable and reset it to its “factory conditions:” an impartial system based on calculable and unbiased and hard to manipulate metrics.
The subject of the article is the analysis of the legal structure of the so-called decision-in-principle, regulated in the provisions of Chapter 1a of the Act of June 29, 2011 on the preparation and implementation of investments in nuclear energy facilities and accompanying investments[1]. In 2023, the minister responsible for energy issued a total of nine decisions-in-principle for four different entities intending to implement both large-scale and small nuclear reactors (SMRs). This decision is an expression of the state’s political acceptance for the construction of a nuclear power plant by a specific investor, in a specific location and using an established reactor technology. The amendment to the provisions of the aforementioned Act from April 2023 introduced a number of changes in relation to the structure of the decision-in-principle, including, among others, its subject and position in the licensing process of nuclear energy facilities, elements of the application initiating proceedings before the minister responsible for energy, as well as the conditions for issuing and components of this decision[2]. At the same time, issues related to changes in the ownership structure of the investor who obtained the decision-in-principle or the company being a partner or shareholder in this entity were regulated. In turn, as a result of the change from October 2023, the circle of cooperating bodies (opinion-giving) in the proceedings for issuing the decision-in-principle was expanded. In the current wording of the provisions of the Act, the issuance or refusal to issue a decision-in-principle takes place after seeking the opinion of the Head of the Internal Security Agency, the minister responsible for the environment and the minister responsible for state assets. The aim of the article is to assess the changes introduced, indicate interpretation doubts, as well as put forward de lege ferenda postulates for changes in regulations in the analyzed area.
[1] Consolidated text: Journal of Laws of 2021, item 1484 as amended.
[2] Act of March 9, 2023 amending the Act on the preparation and implementation of investments in nuclear energy facilities and accompanying investments and certain other acts (Journal of Laws, item 595).