Keywords: municipality; public tasks; economic activity; entrepreneur
Municipality is a public-private compound equipped with personality, which should meet the needs of a community through the realization of public tasks. The execution of these tasks is in the forms strictly defined by law. Some of them for their realization require a business referred to as economic. The principle of a social market economy does not preclude that they are implemented by the municipality. The municipality achieve the same status of an entrepreneur, but it remains nonetheless a specific entrepreneur whose situation clearly differs from that of “classical” entrepreneur, which is today a natural person.
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Keywords: medical activity; medical subject; public utility; joint-stock company
Healthcare Institutions Law implemented a solution which assumes that a medical subject in a form of limited liability company or joint-stock company is not restricted by Public Utilities Act. The question is how it is interrelated with the obligation of authority to protect from unfair competition and with the obligation to supervise.
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Keywords: public procurement law; fair competition; equality operators; market economy
Public procurement law provides solutions aimed at protecting market instruments: fair competition and equality of operators. Introducing general principles and procedures it awards public contracts...
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Keywords: “pure” joint representation; “mixed” (“combined”) joint representation; joint commercial proxy; “improper” (“inappropriate”) joint commercial proxy
A joint representation is based on the cooperation of at least two entities within the representation of a principal. A joint representation might be both in the “pure” form, when sources of authority are homogeneous and ”mixed” when sources of authority are not homogeneous. A joint commercial proxy, which is one of the types of joint representation, can be only the ”right one”. It means that the Civil Code regulates the essence of a joint commercial proxy and it should be defined only as the cooperation of at least two holders of a commercial proxy on behalf of a principal. On the basis of the provisions envisaged in the Commercial Companies Code, when there is a joint representation and cooperation between a holder of a commercial proxy and (e.g.) a partner, the representation should be named as the ”mixed” (”combined”) joint representation.
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Keywords: prudential regulations; ethical standards; financial market
The paper discusses the relations between legal regulations and ethical standards on the financial market. The main tendencies in regulations are characterized, including the so called macroprudential regulations. The last part of the paper contains ethical standards for the profession of financial analyst.
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Keywords: international civil proceedings; jurisdiction of courts; Brussels I Regulation
In the paper I analyze the most important developments in the Brussels regime under the Brussels I Bis Regulation from a business perspective. The major changes include: partial extension of the application scope, facilitating enforcement of judgments by removing the exequatur, and prevention of using of the so-called “Italian torpedo” in the case of an arbitration clause. Another, less spectacular change is to eliminate the obligation to give the address for service of process in the area of jurisdiction of applied court. All these changes are intended to accelerate civil proceeding in cases in which the Brussels regime applies. However, the reform is not complete and in the future further reform of the system can be expected.
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