Court Register Research Articles

The Economic Life of Jews in the City of Jerusalem in the Light of Records of the Sharia Court Register No. (397) Date (1319-1324AH / 1901-1906AD) Agencies as a Model

This study sheds light on an important aspect of the Jewish life in the city of Jerusalem, which is the agencies. These agencies are to give the authorization of a specific person to act on the property of the client as agreed between the parties, so as to determine the nature of the powers to which the agent is entitled to act. This study focuses on the arguments of the agencies listed in record no. 397, one of the records of the Shari'a Court of Jerusalem during the period (1321 H / 1904- 1322 AH / 1905), which gives a picture of Jewish property both in Jerusalem and abroad. The study also attempts to identify the residency of the clients and to show how the contracts of their agencies were documented either in the city of Jerusalem or outside the city of Jerusalem. Key Words: Jews, Agency, Jerusalem, Sharia Court Record, Trade, Agriculture

Judicial protection of rights on real estate in non-contentious proceedings

The article presents the rights concerning real estates, which are considered in noncontentious proceedings by the court. The author defines non-contentious proceedings, which are a kind of civil proceedings. The scope of non-contentious proceedings involves cases concerning different rights on real estate, for instance: ownership, co-ownership, servitude right of necessity of passage, establishing the necessity of passage, making an entry in the land and mort gage register and in the National Court Register. Besides, there is – in this article – a comparison between non-contentious and contentious proceedings and administrative proceedings. The article describes also the principle of effective judicial protection in non-contentious proceedings. The author proposes amendments in the regulation and in the practice of their application, which are connected with granting more powers to court clerks (referendarz sądowy) and assistants to judges.

Informatyzacja rejestrów przedsiębiorców

The article deals with the problem of computerization of business registers from the point of view of legal acts introduced into the current Polish legal system. The authors in their considerations focus on the presentation of doubts and legal issues related to the computerization of the two most important business registers: CEIDG and the National Court Register. First and foremost, the program documents relating to the development of the information society were analyzed. In addition, the authors also referred to the key – from the potential entrepreneur’s point of view – issues related to the functioning of the ePUAP trusted profile, the CEIDG computerization and the S24 Portal connected with the registration procedure of commercial law companies.

Performing legal transactions based on entries in public registers. Selected issues

The article concerns the analysis of the consequences of making further legal transactions with entities which should not be disclosed in public registers due to the invalidity of legal transactions on the basis of which the entry in the public register has been made. As a result of the conducted research it was found that, despite an absolutely invalid deed/founding act, the partnership/company can be disclosed in the National Court Register, and further legal transactions are valid. If the real estate is purchased on the basis of an absolutely invalid legal transaction, disclosure of the purchaser in the second section of the land and mortgage register is not covered by the principle of public credibility of land and mortgage registers. This also applies to the subsequent business real estate trading.

Unity of civil law and the legal regulation of commercial companies – selected issues

The introduction of the principle unity of civil law into the Polish civil law with the entry into force of the Civil Code in 1965 did not involve ensuring internal consistency of normative acts forming the core of civil law, i.e.: the Civil Code, regulations regarding commercial companies contained in the 1934 Commercial Code, the Family and Guardianship Code, and the law on land and mortgage registers. The Code of Commercial Companies of 2000, to some extent, but not completely, pursued the postulate of ensuring the consistency of the provisions of the Civil Code and the law of commercial companies. In the legal literature, attention is paid increasingly to the necessity to complete the process of adjusting the Commercial Companies Code to the Civil Code as well as the introduction of relevant modifications and corrections to the Commercial Companies Code ensuring the necessary coherence of the legal regulations of these codes. In the first place, this is required by the following issues: Firstly, concerning the nature, manner and scope of applying the freedom of contract principle in the area of legal regulation of commercial companies. Secondly, the relation between the provisions of the Civil Code concerning acts in law, in particular contracts, and articles of association in commercial companies as well as the so called invalidity of articles of association (Article 21 CCC). Thirdly, the issues concerning the concept of an act in law and resolutions of a capital company body, invalidity of an act in law and challengeability of a resolution of the general meeting or of the general assembly of a capital company, as well as the explanation of the so called non-existent resolutions. Fourthly, the legal and financial status of the spouses where at least one of them is a participant in a commercial company. Fifthly, synchronization of the provisions of the Act on the National Court Register concerning registration procedure with structural provisions of the Commercial Companies Code concerning the functioning of commercial companies. The application of adequate provisions of the Code of Civil Procedure is to be considered in this respect.

Productivity effects of the ownership concentration in Polish employee-owned companies

Research background: The conducted empirical research on the influence of the degree of ownership concentration in the employee?owned companies on their sales revenues thematically fits into the issue of efficiency of the direct privatisation method, in particular giving a state?owned enterprise for use against payment.
 Purpose of the article: The main goal of this article is to verify the research hypothesis stating that in employee?owned companies an increase in the degree of ownership concentration leads to an increase in sales revenues.
 Methods: The empirical studies were carried out on a sample of 15 employee-owned companies from Mazowieckie Province, which concluded the agreement of giving a state?owned enterprise for use against payment from 2000 to 2004 and using the data from financial statements handed in by these entities to the National Court Register for a ten?year period after the privatisation year. The verification of research hypothesis was based on the estimation of a Cobb?Douglas production function by Ordinary Least Squares method for two variants, differing in the way of measuring the degree of ownership concentration in investigated employee?owned companies.
 Findings & Value added: The research hypothesis formulated in this paper was verified negatively as the increase in the degree of ownership concentration in employee?owned companies caused the decrease in their sales revenues. The conducted empirical research also suggests that sales revenues in examined employee?owned companies peak at some intermediate/optimal level of ownership concentration.

Księga sądowa ‒ tom 10. jako źródło wiedzy o Karaimach z Krymu

10. księga sądowa dokumentuje sprawy w jednej z kancelarii sądowych w Chanacie Krymskim, które zostały odnotowane w latach 1666-1669/70. Celem tego artykułu jest przybliżenie treści niepublikowanych dotąd zapisów sądowych zawartych w omawianym tomie, w których stroną postępowania byli Karaimi, a także zebranie danych tj. imiona, imiona ojców, miejsca zamieszkania i/lub pochodzenia (jeśli zostały odnotowane), przedmioty spraw z udziałem Karaimów, które zarejestrowano. Opracowanie tych wszystkich materiałów może przyczynić się do lepszego poznania dziejów i losów poszczególnych Karaimów zamieszkujących XVII wieczny Krym, a także stać się punktem wyjścia do dalszych badań w oparciu o materiał źródłowy.

The amendment of the Act on the National Court Register and the security of business transactions

The purpose of these article is to analyze the amendment of the Act on the National Court Register from 26.01.2018 in terms of the impact of the amended legislation on the security of business transactions (The Amendment Act is an element of the package of laws called the Business Constitution). The article presents crucial changes in the above-mentioned legislation and tends to answer the question what kind of impact those changes can have on the legal certainty and security of contracting. The analysis leads to the conclusion that the direction of changes corresponds with the latest trends and needs and should be assessed positively. In particular, this applies to changes aimed at facilitating access to information in the register and in foreign registers.

Ujawnienie aktualnego sposobu reprezentacji spółki z ograniczoną odpowiedzialnością a odpowiedzialność za naruszenie zobowiązania

Disclosure of the current method of representation of a limited liability company and liability for breach of the undertakingThe existence and participation of legal persons in the market makes it necessary to verify the persons representing them to perform actions on their behalf. Information about artificial persons — including the rules of representation and persons entitled to represent them — is available due to their disclosure in the National Court Register. However, it may happen that for whatever reason the register’s information may not correspond to the actual legal status. The provisions of the National Court Register Act provide for the possibility of such a situation, but the normative regulation does not settle all controversies in a satisfactory manner. The article tries to answer the question how the legal person can demonstrate the rightfulness of its representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. In the current legal situation, the problem is opened whether and how the legal person can demonstrate the correctness of the representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. The consequence of this problem is the issue of the assessment of liability for improper performance of the undertaking, if as a result of the said discrepancy, the obligation will be breached e.g. as a result of the failure to conclude a preliminary contract within the prescribed period.The author tries to solve these problems and settle the controversies arising, referring to the views of his own thoughts and views of doctrine and jurisprudence. The position presented in the article is the result of an analysis of the applicable legal provisions, especially the National Court Register Act, and the jurisprudence and doctrine resulting from it.

Acquisition and Loss of Entrepreneur’s Legal Status

The object of the study is specifying the moment of acquiring and losing the status of an entrepreneur, understood as the legal situation, determined by the whole set of entrepreneurs’ rights and obligations. Indicating the moment of acquiring and losing the status of an entrepreneur is crucial for defining the principles, on the basis of which a given subject takes part in the economic turnover. For obtaining the status of an entrepreneur means that all actions undertaken by a given subject will be governed by a legal framework appropriate for professional participants in professional economic turnover, which is directly translated into a special formation of rights and obligations of that subjects, both towards the remaining participants of economic turnover, and towards the state and public administration authorities. The study is aimed at indicating the criteria that might serve for possibly the most precise specification of the moment of acquiring and losing the status of entrepreneur, and especially establishing the meaning of the following in this field: getting or losing the legal competence to be a subject of entrepreneur’s rights and obligations; applying for entry into the Central Records and Information on Economic Activity; obtaining the entry or crossing out of the register of entrepreneurs of the National Court Register and the actual taking up or ceasing to perform the economic activity.

Rejestry przedsiębiorców a ochrona danych osobowych

REGISTERS OF ENTREPRENEURS AND PROTECTION OF PERSONAL DATACurrently, in Polish law there are different regulations regarding the protection of personal data of entrepreneurs depending on whether they are natural persons disclosed in the Central Register and Information on Business Activity or are other entities capital companies, foundations, partnerships etc., disclosed in the National Court Register. Explicit data provided by the Central Registry are generally subject to the Act of 29 August 1997 on the protection of personal data. The entities that process data contained therein must perform only certain duties. None of the provisions of the Act are applied to entrepreneurs disclosed in the National Court Register. These data are not protected by the Act if they do not apply to natural persons. The personal data of natural persons disclosed in this Register are covered by the protection of the Act, if they are used for purposes other than their identification as performing functions in commercial companies or as persons appearing in the register of insolvent debtors.

Capitalising on Polish Translation Market Data in the Field of Commercial Law

Abstract The author presents data gathered in an online survey questionnaire (https://www.interankiety.pl/i/RGmj5rDv) which is a part of a broader research project related to the quality of translation of English language documents in the field of commercial law that are processed in the judicial registration proceedings in reference to the entities subject to registration at the Register of Entrepreneurs of the National Court Register (RP, KRS). The questions and hypotheses posed by the author relate to the relationship or comparison of nation-wide data concerning cases with foreign element in the context of the documents in translation on file in the National Court Register (source texts and their certified translations). The survey is the first stage of this project and has been ascribed a number of aims: allowing for a definition of the genre profile of the corpus texts; identifying the general sociologically conditioned tendencies in their structure; and – primarily – determining the practically feasible search criterion for compiling a design corpus for further quantitative and qualitative analysis of selected language structures (the ensuing stages of the said project).

Zastosowanie miernika przewag konkurencyjnych J. Kaya do określania pozycji konkurencyjnej grup i organizacji producentów owoców i warzyw = Application of J. Kay’s competitive advantage index to determine the competitive position of fruit and vegetable producer groups and organizations

In order to identify the competitive position of the Kujawsko-pomorskie fruit and vegetable producer groups and organizations in relation to each other and deliberately selected representatives from voivodeships leading in the process of integrating this sector, an analytical scheme proposed by J. Kay was used, allowing for quantification of the competitive advantage in terms of results. The article presents the outcome of the research, which covered all groups and producer organizations as of the end of 2014 from the Kujawsko-pomorskie Voivodeship and one integrated representative with apples in his offer, from the Mazowieckie, Wielkopolskie and Lubelskie Voivodeships. In order to obtain the financial data published in the National Court Register, Info Veriti calculated a competitive advantage meter according to J. Kay. Additionally, by means of logistic regression, the equation for the probability of obtaining a positive competitive advantage index was established. The results of the research indicate that only 38% of the surveyed organizations achieved a positive value of the measure, which proves that group activities do not guarantee achieving a competitive advantage. Logistic regression evidenced that increasing the accomplishing a positive competitive advantage index results in obtaining certificates confirming the quality and safety of products introduced to the market as well as investments increasing fixed assets. On the other hand, a decrease in the chance may result in the growing number of members.

FUNCTIONING OF SOCIAL ENTREPRENEURSHIP ON RURAL DEVELOPMENT ON THE EXAMPLE OF SOCIAL COOPERATIVES OF THE PROVINCE WIELKOPOLSKA

The article analyzes 20 social cooperatives operating in rural areas of the province. Wielkopolska. On the basis of data from the National Court Register, the profile of activity, number of employees, period of activity, founders and financial situation of analyzed entities were examined. The differences in the functioning of social cooperatives, due to the legal status of the founders, were indicated. Among cooperatives founded by legal persons, over half (58%) earned income and employed more than 10 employees. Among the cooperatives founded by physical persons 75% of them reported a loss from their operations, a much lower armount of revenues (63% below the 100 thousand) and the number of employees (average 7).The results showed that cooperatives founded by community with conty have the greatest chance of development.

Koncentracja własności a rentowność majątku w spółkach pracowniczych

Zasadniczym celem artykułu jest zweryfikowanie hipotezy badawczej, stanowiącej, iż w większości spółek pracowniczych wzrostowi stopnia koncentracji własności towarzyszy spadek poziomu rentowności majątku. Badania empiryczne zostały przeprowadzone wśród 15 spółek pracowniczych z województwa mazowieckiego, które zawarły umowę o oddanie przedsiębiorstwa państwowego do odpłatnego korzystania w latach 2000–2004, w oparciu o dane z Krajowego Rejestru Sądowego. Uzyskane wyniki wskazują, iż w badanych spółkach pracowniczych między koncentracją własności a rentownością majątku występowała zarówno dodatnia, jak i ujemna zależność korelacyjna.

REJESTR DŁUŻNIKÓW NIEWYPŁACALNYCH

Register of Insolvent DebtorsSummaryThe register of insolvent debtors is a complete novelty in the Polish legal system. Contrary to its name, not all insolvent entities are to be entered in it, but only those which comply with the prerequisites determined in art. 55 or art. 56 National Court Register. The article herewith, resulting from the author’s experience as a judge is designed to be a wrap-up of hitherto notions expressed in the doctrine and jurisdiction regarding the application of the provisions of the National Court Register Act which reguletes influence the functioning of the Register of Insolvent Debtors.

FORMY USTROJOWE SPÓŁKI AKCYJNEJ

An Organisational Form of a Joint Stock CompanySummaryA joint stock company constitutes the most organised and formalised type of a commercial partnership in the Polish law. Its economic significance results from the aim of such a legal construction to conduct huge business ventures requiring an engagement of considerable financial and human resources. Thus, the legislator regulated the topic of a joint stock company in a much detailed manner than in case of other commercial partnerships, including a limited liability company. Hence, a joint stock company is a pure type of an association of capital, without personal elements, which causes that its functioning is subjected to the formalised rules specified by the provisions of the law. These rules not only describe the precise manner of actions during the formation of the joint stock company but also assign three basic stages of the legal being of the company. These stages are described in the legal study as organisational forms of a joint stock company and they include: (i) the stage of organisation, so-called joint stock company in organisation, in which actions aimed at the formation of the company and obtaining of the status of a legal person are being undertaken. At this stage, the company in organisation already has the status of a legal person, therefore it may participate in the legal trade as its participant with full rights; (ii) stage of the proper company, which begins with the moment of registering the company in the court register, which means obtaining the legal personality by the company. From that moment, the joint stock company begins its statutory activity; (iii) stage of the company in liquidation, in which the actions aiming at the termination of the legal being of a joint stock company and its removal from the court register are undertaken.

Ustanie bytu prawnego spółki kapitałowej a wygaśnięcie jej długów

Under Polish law, indebted companies can be liquidated without satisfying all the creditors. Therefore, debts may remain without a debtor. This issue is controversial in the Polish judicature. One way of thinking considers debt to be so closely joined with the debtor that when the debtor’s existence ends with no successor, the debts also end their existence. The other opinion holds that debts of the liquidated company do not cease to exist and may be claimed from the guarantor. As a rule, in Polish law debt is not strictly connected to the debtor or creditor and a change of debtor or creditor is possible. An old Ius Commune rule nomina ossibus inhaerent is not recognized in Poland. Thus the opinion that debts do not vanish after the liquidation of a company is more correct from the dogmatic point of view. Such a stance is also supported by a recent change in the Law on National Court Register.

KILKA SPOSTRZEŻEŃ NA TEMAT PRAWA LITEWSKIEGO NA PRZEŁOMIE XVIII I XIX WIEKU W ŚWIETLE KSIĄG ZIEMSKICH SZAWELSKICH

A FEW OBSERVATIONS ON LITHUANIAN LAW AT THE TURN OF THE 18TH-19TH CENTURY FROM THE PERSPECTIVE OF THE SZAWLE (ŠIAULIAI) LEDGERSSummaryResearch on the legal, and especially forensic, practice in Lithuania after the dismemberment of Poland-Lithuania (1795) – an area of study embarked on only recently – should make up an important aspect of enquiry on the state of the law of Lithuania following the Partitions. In particular the aim should be to show the relationship between the former Lithuanian law and the new provisions introduced by the Partitioning Power. The specific nature of this relationship is shown by the example of the land court register (księgi ziemskie) for Szawle (Lith. Šiauliai) for 1794-1803. These records clearly show evidence of the efforts of the Russian Generals Sergei F. Golitsyn and Alexander P. Tormasov to restore the Lithuanian courts after the intermission caused by the Kościuszko Insurrection of 1794. The Russians introduced new instruments to jurisprudence including the duty to submit reports on the activities of the courts to the Russian military authorities, the use of the Julian calendar, and the issue of decisions and judgements on behalf of the Empress Catherine II. Details of these new requirements were defined in the ordinances issued by Nikolai V. Repnin, and frequently invoked. A Russian provinces act and new regulations on legal representation were also resorted to in court practice. In addition to these “foreign” elements, Šiauliai court practice shows that the old law and the 16th-century Lithuanian Statute and statutory acts passed by the Parliament of pre-partitional Poland-Lithuania still continued to be used.

DOWODY Z DOKUMENTÓW POŚWIADCZONYCH ZA ZGODNOŚĆ Z ORYGINAŁEM PRZEZ PROFESJONALNEGO PEŁNOMOCNIKA W POSTĘPOWANIU W SPRAWIE O WPIS W KRAJOWYM REJESTRZE SĄDOWYM

DOCUMENTARY EVIDENCE CERTIFIED AS TRUE BY A PROFESSIONAL PROXY IN PROCEEDINGS FOR AN ENTRY IN THE NATIONAL COURT REGISTER Summary The article concerns the acceptable form of documentary evidence in proceedings for an entry in the Polish National Court Register, in particular whether as of 1 January 2010 it is permissible to attach documents certified as true copies by the proxy appearing in the case, that is an attorney, legal representative, or attorney of the Polish State Treasury Office, to applications for entry in the Register. The analysis of this issue examines the provisions of Art. 129 § 3 and Art. 6944 § 1 of the Polish Civil Procedure Code, including an analysis of the relation between these provisions. In conclusion the author observes that despite the fact that there is a lex generalis ‒ lex specialis relations between Art. 129 § 3 and Art. 6944 § 1 of the Code, the principle of lex specialis derogat legi generali does not apply. Consequently, in the proceedings for entry in the Register there are no legal obstacles for the submission of documents on the basis of which entries are to be made in the Register, in the form of copies or transcripts certified as a true copy by the acting proxy (attorney, legal representative, or attorney of the State Treasury Office) of the party to such proceedings.