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Artykuły naukowe

Tom 22 (2017)

Działalność gospodarcza w polskich przepisach legislacyjnych

  • Tomasz Słapczyński
DOI
https://doi.org/10.19195/1733-5779.22.4
Przesłane
19 lipca 2018
Opublikowane
19-07-2018

Abstrakt

DEFINITION OF ECONOMIC ACTIVITY IN POLAND IN THE ADMINISTRATIVE AND CIVIL LAW ASPECTS - INTERPRETATIONS AND COLLISIONS OF THE STATUATORY DEFINITIONS

The doctrine distinguishes between two kinds of economic law, economic law, typically
administrative law and private economic law regulating civil-law relations. Both divisions
of law are interlinked because they regulate the functioning of economic entities in the whole
country. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. The law of business is undoubtedly part of the public economic law, regulates the existence of an entrepreneur, and relations between entrepreneurs are the domain of private law. A company operating on the market must fulfill a number of statutory requirements and act in accordance with the law. It has a number of obligations for the State but also for other entities operating in the economy. As mentioned, an enterprise or an entrepreneur is obliged to fulfill the obligations imposed on them. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. To entrepreneurs. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.