Studia Prawnicze KUL, 2022, nr 4
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Browsing Studia Prawnicze KUL, 2022, nr 4 by Subject "cooperative"
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- ItemAgricultural Producers Cooperatives in the years 1920–2022 – selected legal issues(Wydawnictwo KUL, 2022) Suchoń, AnetaFirstly, 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.
- ItemLegal 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, AgnieszkaThe 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.
- ItemPower of attorney to participate in the general meeting of a cooperative according to Polish law(Wydawnictwo KUL, 2022) Widerski, PawełThe 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.
- ItemPrinciples of the European Cooperative Law from the perspective of Polish legislative challenges(Wydawnictwo KUL, 2022) Zakrzewski, PiotrThe 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.
- ItemThe evolution of the cooperatives’ representation model. From the 1920 Act on Cooperatives to modern legislation(Wydawnictwo KUL, 2022) Zbiegień-Turzańska, AnnaThis 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.