Law and Christianity in Poland

Bérier, Franciszek Longchamps de; Domingo, Rafael

doi:10.4324/9781003181255

Cited by 7 publications

(6 citation statements)

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“…Ocenia się, że w Polsce w roku 2020 było dostępnych ponad 1300 różnych sieci franczyzowych 26 . Rynek franczyzy w Polsce rozwija się 27 dynamicznie i ma perspektywy dalszego wzrostu 28 . Można postawić tezę, że jakość prawa ma wpływ na rozwój tego typu działalności gospodarczej.…”

Section: Znaczenie Gospodarcze Franczyzy I Perspektywy Jej Rozwojuunclassified

W sprawie potrzeby uregulowania umowy franczyzy w Polsce

Adamus¹

2021

PwD

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This work presents, in the first place, topics relating to the notion of franchise agreement as an empirical type of contract, as well as the theoretical issue of contracts not regulated in statutory law. As for the substance of the legal relationship of franchise, attention is drawn to two issues. Firstly, even though Polish civil law does not regulate franchise agreements, the substance of the legal relationship of franchise is influenced by provisions of public law from the field of competition protection (antitrust law). This influence should be seen as significant. If franchise agreements are ever regulated in civil law, this will not mean that it will be permissible to ignore provisions of competition protection law when drafting the agreement’s specific contents. Secondly, the substance of the legal relationship of franchise – in accordance with Article 56 of the Civil Code – is shaped by the principles of community life and established customs, therefore codified ethical principles can also have certain influence on this substance. Further in the paper, attention is drawn to views about franchise agreements expressed in literature: their legal character is presented along with the parties’ rights and obligations, as well as typical provisions of franchise agreements. Finally, the principles of regulating franchise in foreign law are reviewed briefly. In this part, the author points out the so-called Federal Franchise Rule, applicable in US federal law, which may be a good inspiration for protecting the interests of franchisees in Polish law. The aim is, first of all, to draw attention to what business aspects of franchise are regulated. The second legal system selected for a brief presentation is the Brazilian one, because: (a) the Brazilian legislature introduced provisions on franchise in 2020; (b) simultaneously, the previously applicable provisions were improved, therefore legislative experience was taken into account. The conclusions from this analysis show that global standards in the field of regulation of franchise are well ahead of the Polish level of legislation. As a result of the analyses, an outline of franchise regulation is offered as a suggestion of what the law should be. Firstly, the idea of regulating franchise agreements as belonging to private law is presented. However, this regulation is not sufficient due to: (a) the actual imbalance between the franchisor (scheme organizer) and the franchisee; (b) the fact that the franchisee is an entrepreneur and cannot be covered by consumer protection; (c) the need to ensure protection as early as before a contract is entered into; (d) the need to prevent eliminating protection by choice of a different law. Secondly, there are suggestions of amendments that should accompany the regulation of franchise in the field of: introducing an obligation to provide the future franchisee with an adequately detailed prospectus of the franchisor, failure to discharge which will be treated as an act (tort) of unfair competition, classification of organizing a toxic franchise network as an act of unfair competition. Ascribing to the prospectus (which follows the model from foreign law) the feature of being important from the point of view of acts of unfair competition has a twofold aim: (a) it enables using legal instruments provided for in the provisions on competition protection; (b) it enables legal protection following from the absolute prohibition of infringing collective consumer interests (which is addressed in the following suggestion). Thirdly, amendments to public law are suggested. The powers of the President of the Office of Competition and Consumer Protection should be extended to include protection of collective interests of franchisees against, for instance, acts of unfair competition (regulating in private law) against franchisees. Such provisions would have a preventive function and – when needed – a repressive one. Measures taken by the President of the Office in the interest of franchisees would significantly remedy the imbalance between parties to franchise.

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Section: Znaczenie Gospodarcze Franczyzy I Perspektywy Jej Rozwojuunclassified

W sprawie potrzeby uregulowania umowy franczyzy w Polsce

Adamus¹

2021

PwD

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“…W orzeczeniu tym SN uznał, że Skarb Państwa ponosi odpowiedzialność za niedostatecznie wyszkoloną pielęgniarkę, która w stanie faktycznym przedmiotowej sprawy dokonała wadliwego zastrzyku butapirazolu. 10 Zob. wyrok SN z 8.12.1970 r., II CR 543/70, LEX nr 1220.…”

Section: Perspektywa Historycznaunclassified

Odpowiedzialność deliktowa za szkodę wyrządzoną przy leczeniu czynnością powierzoną

Białkowski¹

2021

PwD

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The article presents the issue of the superior’s liability for injury caused by subordinates during treatment. The issues raised are analysed primarily through the prism of the case law, using also historical analysis. The practice of judicial application of law in Poland has led to the formation of a line of case law which adopts Article 430 of the Civil Code as the basis for the liability of medical facilities for injury caused by medical doctors. Problems regarding the hospital’s responsibility for a doctor’s activities during diagnosis and treatment date back to the time of the Code of Obligations and the concept of shared liability, which was adopted then. Modern jurisprudence sanctions the position of a medical doctor as a subordinate of a medical facility, despite the doctor’s independence in the practice of the profession. A medical doctor always acts as a subordinate of a medical facility when he/she performs activities “for” or “on behalf of” the medical facility. This practice of applying the law should be considered beneficial for the aggrieved persons who sue the medical facility for compensation, because they are able to obtain it more easily and do not need to demonstrate who among the medical staff has caused their injury.

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“…114 However, this principle did not apply in some cases; namely in those, where it would have been in contradiction to the true intention of the testator as to a higher principle. 115 The idea was that if a testator had made a mistake, it should not make the will invalid as long as the mistake was not so serious as to go against his real intentions.…”

Section: Error In Inducement and Interpretation Of The Testator's Int...mentioning

confidence: 99%

Pravni položaj žene u rimskom naslednom pravu

Colakova¹

2021

HLH

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This paper deals with some issues concerning the position of women in the Roman law of succession. It provides an analysis of Paulus’s fragment D. 5. 2. 28. regarding a testament of a mother who under a mistaken assumption of her son’s death appointed other heirs; it raises a series of questions, especially since when and under what circumstances could a woman have drawn up a will, what were the inheritance claims of children based solely on cognatic kinship etc. The aim is to explore to what extent did the rights and duties of women differ from those of men in the examined aspects of classical Roman law.

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Law and Christianity in Poland

Cited by 7 publications

References 0 publications

W sprawie potrzeby uregulowania umowy franczyzy w Polsce

W sprawie potrzeby uregulowania umowy franczyzy w Polsce

Odpowiedzialność deliktowa za szkodę wyrządzoną przy leczeniu czynnością powierzoną

Pravni položaj žene u rimskom naslednom pravu

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