Commercial Law and Basic Institution of Company Law - I

optional courses

Classroom

1. A presentation of the sources of Polish commercial law

1.1. Historical background and variety of sources.

1.1. The principle of unity of Polish civil law.

1.2. Scope and boundaries of commercial law regulations.

2. The fundamental rules and regulations governing enterprises

2.1. Analysis of the notions of entrepreneur and enterprise.

2.2. Different types of entrepreneurs.

2.3. The prerequisites for undertaking and pursuing economic activity.

2.4. Economic activity records.

2.5. Business name and commercial power of attorney.

3. The structure and the functioning of the National Court Register

3.1. The structure and competences of register courts.

3.2. Detailed analysis of the register of entrepreneurs.

3.3. Rules governing the National Court Register.

4. Partnerships and Companies

1.1. Common provisions on partnerships and companies.

1.2. Review of partnerships:

a) the registered partnership;

b) the professional partnership;

c) the limited partnership;

d) the limited joint-stock partnership.

1.3. Review of companies:

a) the limited liability company;

b) the joint-stock company.

4.4. Merger, division and transformation of partnerships and companies.

4.5. Special provisions on the European Groupment of Economic Interest and the Societas Europaea.

5. Bankruptcy and rehabilitation law.

5.1. Insolvency regulation methods.

5.2. By-subject scope of regulation.

5.3. Grounds for declaration of bankruptcy.

5.4. Effects of declaration of bankruptcy.

5.5. The subjects of bankruptcy proceedings.

5.6. Modes of proceedings:

a) bankruptcy open to an arrangement with creditors

b) bankruptcy including liquidation of debtor's assets.

5.7. Submission and determination of receivable debts.

5.8. Possibilities of arrangement with creditors.

5.9. Liquidation of bankruptcy estate.

5.10. Distribution of funds.

5.11. Rehabilitation proceedings in the event of a threat of insolvency.

6. Competition and antitrust legislation.

6.1. The European framework of competition legislation.

6.2. Suppression of unfair competition:

a) the notion of "act of unfair competition" in the Act of 16 April 1993 on Suppression of Unfair Competition;

b) exemplifying catalogue of acts of unfair competition;

c) civil liability and list of remedies.

6.3. Antitrust regulations:

a) the authorities competent for matters of protection of competition and consumers; the role of the President of the Office for Protection of Competition and Consumers;

b) prohibition against competition-restraining practices:

c) competition-restraining arrangements,

- abuse of dominant position;

d) concentration of entrepreneurs;

e) prohibition against practices infringing collective consumer interests;

f) proceedings before the President of the Office for Protection of Competition and Consumers.

1. Business contracts.

7.1. General provisions on obligations arising from contracts.

7.2. Differences between consumer contracts and entrepreneurs' contracts.

7.3. Review of typical and atypical contracts.

8. Securities, capital market and stock exchange regulations in light of the most recent reforms.