Studia Prawnicze KUL, 2022, nr 4

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https://hdl.handle.net/20.500.12153/4130

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Browsing Studia Prawnicze KUL, 2022, nr 4 by browse.metadata.rights "Attribution 4.0 International"

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    A century of codification of the cooperative law in Poland
    (Wydawnictwo KUL, 2022) Pietrzykowski, Krzysztof
    This article aims to present the evolution of Polish cooperative law, primarily using the historical method. The Act on cooperatives was passed on 29 October 1920 and entered into force on 1 January 1921. Its provisions concerning the auditing of cooperatives, audit associations and the Cooperative Council were sub­stantially amended by the Act of 13 March 1934, which began the process of subordinating cooperatives and au­dit associations to state authorities. Further changes, which increased this subordination to an even greater ex­tent, were introduced after the Second World War and led to the outright nationalisation of Polish cooperatives. The Act on cooperatives was repealed by the Act of 17 February 1961 on cooperatives and their associations. In turn, the Act on cooperatives and their associations was repealed by the Act of 16 September 1982 – Cooperative Law, which saw several amendments. The provisions of the Cooperative Law were amended by the Act of 7 July 1994 amending the Cooperative Law and certain other acts. The Act of 3 June 2005 amending the Act on Hous­ing Cooperatives and certain other acts introduced significant changes to the Cooperative Law as well.
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    Agricultural Producers Cooperatives in the years 1920–2022 – selected legal issues
    (Wydawnictwo KUL, 2022) Suchoń, Aneta
    Firstly, this article aims to outline the development of cooperatives of agricultural producers from 1920 to 2022 and assess the factors that influenced it. Secondly, it seeks to determine whether and to what extent the legislation supported the development of agricultural cooperatives and consider potential directions of their development after 2022. The scope outlined for consideration is extensive; therefore, this article only addresses selected issues. The primary research method was the dogmatic analysis of normative texts. The arti­cle’s topic also references the historical method and statistical data. In summary, the author shows that, among other things, cooperatives in the interwar period after 1920 developed on many levels, particularly in terms of legislation, research and publication, and practice. If it had not been for the socialist period, many cooperatives of agricultural producers from the interwar period would still be operating. For several years, the Polish legisla­tor has been trying to revive cooperatives and encourage agricultural producers to establish them. Examples include the passing of the Act on farmers’ cooperatives and legal regulations concerning energy cooperatives.
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    Epistula imperatoris Hadriani ad Gerusiam Ephesiorum. List cesarza Hadriana do geruzji Efezjan z 27 września 120 r. po Chr. Tekst, tłumaczenie, komentarz
    (Wydawnictwo KUL, 2022) Tadajczyk, Konrad
    Cesarz Hadrian, podobnie jak inni princepsi, popierał funkcjonowanie starych instytucji greckich, takich jak geruzja, zasady ich działania oraz posiadane kompetencje. Przetłumaczony list zawiera rozstrzygnięcie wydane przez Hadriana w sprawie sporu geruzji efeskiej z niektórymi obywatelami Efezu. List opatrzony jest komentarzem.
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    Legal effects of concluding contracts for the purchase of residential buildings from housing cooperatives by cooperative members and a non-members
    (Wydawnictwo KUL, 2022) Malarewicz-Jakubów, Agnieszka
    The motivation for writing this article was that I, as a solicitor, have conducted 18 court cases on behalf of persons who had actions brought against them by housing cooperatives aiming to terminate residential con­struction contracts concluded in 2010 and 2011 by and between the cooperatives and my clients. A common factor for all my clients was that they were not members of the housing cooperatives at the time they entered into these contracts. After becoming housing cooperative members in 2012, my clients concluded the contracts in the form of notarial deeds: first preliminary and then final contracts. All clients paid the agreed-upon price for house construc­tion. This is because, at the time, residential construction contracts could only be concluded with cooperative mem­bers and my clients only acquired membership later in 2012. Between 2015 and 2016, the housing cooperatives brought actions against my clients, demanding that the contracts they concluded with the clients be declared void. The validity and relevance of the problem I have researched are evidenced by the fact that some of the court pro­ceedings have not resulted in a final decision to this day. The research aims to determine the validity of the contracts entered into by my clients in connection with their purchases of buildings from housing cooperatives. The most significant problem was the ‘commencement’ of the acquisition process without being a cooperative member. To this end, I used the method of dogmatic analysis of the law and interpreted the legal provisions and court decisions in force throughout the period (from 2010 until today), as well as the most important decision of the Constitutional Tribunal on this issue, i.e. that of 5 February 2015. I have answered the question whether the lack of cooperative member status at the time of concluding a building construction contract could render the contract null and void, and therefore, whether the claims of housing cooperatives deserve to be dismissed or admitted.
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    LubLaw Day 2022 – Current Challenges of Legal Education, Lublin, 31 May 2022
    (Wydawnictwo KUL, 2022) Zdanikowski, Paweł Marcin
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    Power of attorney to participate in the general meeting of a cooperative according to Polish law
    (Wydawnictwo KUL, 2022) Widerski, Paweł
    The present paper discusses the issue of the power of attorney to participate in the general meeting of a cooperative. The power of attorney in question does not constitute the power of attorney within the meaning of the Civil Code, but is a separate type of substantive civil power of attorney. Within the scope not regulated by the provisions of the cooperative law, Articles 98–109 of the Civil Code apply thereto, however by analogy.
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    Principles of the European Cooperative Law from the perspective of Polish legislative challenges
    (Wydawnictwo KUL, 2022) Zakrzewski, Piotr
    The principles of European Cooperative Law (PECOL) constitute an academic project intended as a reference point for the national legislator, e.g. Polish, who is faced with the task of adopting new cooperative law. PECOL consists of five chapters: the concept and subject of a cooperative, governance of cooperatives, fi­nancial structure of cooperatives, cooperative audit and cooperation between cooperatives. It does not include division, merger and transformation of cooperatives. The main assumption of PECOL is faithfulness to the goals, values and cooperative principles of the International Cooperative Alliance. These assumptions can be seen in the regulation on two types of goals of cooperatives, the principle of open membership, the non-binding of the member’s voting rights to the amount of the contributed capital, the indivisibility of capital, the cooperative audit that verifies the implementation of these assumptions and the obligation of cooperation between cooper­atives, etc. PECOL regulates the key issue – transactions with members and persons who do not belong to a co­operative, together with the financial result – particularly carefully. It is the first to distinguish between the “coop­erative surplus” and “profit” of cooperatives. PECOL also includes elements derived from the law of commercial companies, e.g. transferability of shares, investor members, and others. Therefore, it constitutes a valuable syn­thesis of traditional and modern solutions. At the same time, PECOL narrows the statutory freedom of members who cannot, for example, decide on the division of assets remaining after the liquidation of a cooperative.
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    System monistyczny w spółdzielni działającej na zasadach ogólnych polskiego prawa spółdzielczego jako jedna z opcji zarządzania tą spółdzielnią de lege ferenda
    (Wydawnictwo KUL, 2022) Kozieł, Grzegorz
    The article proposes to start in some areas, or to continue (resume) in other ones, the discussion on the reasonableness of introducing the one-tier model of governance as one of the options for a cooperative operating under general provisions of Polish law on cooperatives, specifically the Act – Law on Cooperatives of 1982 (consolidated text: Journal of Laws 2021 item 648 as amended), which is an option not yet provided for in these provisions. At the same time, this option is currently not available to cooperatives operating under special provisions on the operation of specific types of cooperatives (for example, cooperative banks, housing cooperatives, social cooperatives or credit unions), which for matters not regulated in these special provisions refer to the general provisions of the above-mentioned Act. Therefore, the article starts with the question of whether the time has come for the introduction of the one-tier model in cooperatives operating under general rules (on the basis of general regulations) of the Polish law on cooperatives and, in its conclusions, the discussion aims to indicate a number of arguments allowing to answer this question in the affirmative (and therefore supporting the introduction of the one-tier governance model in the cooperative) and the author’s original specific proposals for the law as it should be in this regard (concerning the method of introducing this model into the provisions of the law on cooperatives), including in particular the methods of normative regulation (referred to as models of regulation) of the one-tier model in individual entities under Polish law, together with the names of these models proposed by the author. The article also outlines a synthetic comparison of these models, with the main advantages and disadvantages of each of them, above all from the perspective of lawmaking methods, including the coherence and clarity of the legal regulation, which has a fundamental and very important influence on the application of individual regulations.
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    The evolution of the cooperatives’ representation model. From the 1920 Act on Cooperatives to modern legislation
    (Wydawnictwo KUL, 2022) Zbiegień-Turzańska, Anna
    This paper presents the evolution of Polish cooperative-related legislation concerning representation over the past hundred years. It discusses the relevant provisions of the Act on Cooperatives of 29 October 1920, the Act on Cooperatives and Their Unions of 17 February 1961 and the Cooperative Law of 16 September 1982. The study showcases such things as the evolution of the concept of the management board as either a collective or one-person body and the development of the rules of (joint) representation; it also shows how statutory limitations on the management board’s power to represent cooperatives have changed over the last century. Yet another mentioned aspect is the evolution of cooperative law concerning (commercial) proxy. This study aimed to determine which aspects of modern legislation should be assessed positively, and which require improve­ment and amendments. The analysis led to some conclusions (including de lege ferenda) concerning the optimal representation model of cooperatives.
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    The impact of housing cooperative bankruptcy on the status of persons entitled under ownership rights to premises. Selected comments on a change in the Supreme Court’s position
    (Wydawnictwo KUL, 2022) Misztal-Konecka, Joanna
    The article presents an extremely important shift in the judicature by Poland’s Supreme Court as regards the assessment of the consequences of the transformation of the cooperative ownership right to a residential unit into the right of independent ownership of a residential unit in the wake of the housing cooperative’s bankruptcy proceedings. Originally, the Supreme Court held that a mortgage that encumbered the cooperative's real estate at the time of the transformation encumbers ex lege the resulting right of the independent ownership of a residential unit. Not until 2019 did the Supreme Court abandon this controversial position, and the ultimate change in its judicature is supported with a wide array of critical underlying motives. The author approves of the recently adopted judicial trajectory, yet with a proviso that the resolution of problems it pertains to be not left to the judicature only, as it requires the definitive intervention of the legislator.