Monitor Prawniczy 2018/01

  • News
    • From the courtrooms
    • European News
  • Opinions/Articles
    • The concept and essence of the administrative offence
      The article discusses the grounds for and consequences of imposing administrative penalities. In particular, it provides a proposal for the appropriate definition of the administrative offence as the basis for administrative penalties. The analysis of the title issue has been carried out in the context of constitutional rights and freedoms of citizens, in particular with respect to Art. 42 of the Constitution of the Republic of Poland.
    • Transations of a shareholding company with its shareholders and officers - remarks in the context of Directive 2017/828
      The article discusses the grounds for and consequences of imposing administrative penalties. In particular, it provides a proposal for the appropriate definition of the administrative offence as the basis for administrative penalties. The analysis of the title issue has been carried out in the context of constitutional rights and freedoms of citizens, in particular with respect to Art. 42 of the Constitution of the Republic of Poland.
    • Data processing in the Register of Public Debts
      As of 1 January 2018 the institution of the register of public debts has been introduced to the Polish legal system. The register will be kept by the Head of the National Fiscal Administration (or other authority designated by the Minister of Development and Finance). The transfer of data by the creditor (the head of a tax office or a local government unit) will be obligatory. Access to the register will be given to an interested party upon authentication, and the data concerning private individuals shall be made available upon their authorization. The obligated parties are guaranteed both free access to their data and the data of the parties that have received information about then as well as the right to object against their data being entered in the register.
    • Object of a contract and the service provided in an agreement with a construction component based on FIDIC contract terms
  • Gloss
    • Future loss within the meaning of the differential method
      The commented judgement concerns liability of public authorities for suspending sale of residential premises and commercial space as a result of a defective building permit. The Supreme Court ruled that the developer's loss cannot be compensated until a given real estate is actually sold at a lower price. However, the Supreme Court's position ignores that fact that the loss consists in the decrease in the value of all assets of the aggrieved party and has a dynamic character. For this reason, the compensation should cover all losses which exist at the time of the judgement, regardless of whether the victim actually sold a agiven property or not. In the latter case, the loss will result from the difference between the price that would have been paid for the thing in the absence of a harmful event and the market value of this thing at the time of adjudication. Such damage is not a future loss which is not compensated under Polish law.
    • The financial year of a joint-stock company