Legal activity in the light of the Business Law Act of March 6, 2018 Cover Image

Działalność prawnicza w świetle ustawy z dnia 6 marca 2018 r. – Prawo przedsiębiorców
Legal activity in the light of the Business Law Act of March 6, 2018

Author(s): Bogusław Sołtys
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: legal economic activity; classification of the legal activity; free legal activity; regulated legal activity; regulation of the legal activity; Business Law Act

Summary/Abstract: The current legal state governing the carrying out of legal activities in Poland is unsatisfactory, and the part in which it allows the overlapping of regulated and free legal activities is illegal and requires the intervention of the legislator. It violates a number of constitutional values, such as security of trade, legal assurance, equal treatment, market transparency and protection of market participants against malpractice. The practice of classifying multiple operations carried out merely on the basis of the principle of economic freedom meant as legal activities is also invalid. It is not infrequent because of motives related to an unfair competition as an effect of evoking an erroneous view of a legal activity. In relation to the significant expansion of access to the regulated legal professions and to the increase in prevalence of the regulated legal activity, it is essential either to completely eliminate the legal activity performed solely on the basis of the principle of economic freedom or to systematically separate the scope of free and regulated legal activity.

  • Issue Year: 2019
  • Issue No: 4
  • Page Range: 105-124
  • Page Count: 20
  • Language: Polish