CZY KAŻDY BILET ZAWSZE MUSI BYĆ ZNAKIEM LEGITYMACYJNYM, CZYLI ROZWAŻANIA O ZASADZIE ‘NUMERUS CLAUSUS’ PAPIERÓW WARTOŚCIOWYCH W POLSKIM PORZĄDKU PRAWNYM
The ‘Numerus Clausus’ Principle for Securitiesin the Polish Legal System Summary Most specialists on the doctrine of Polish private law hold that there is a numerus clausus principle for securities in Polish law, although it has not been specifically put into words in any act of legislation. Accordi...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
2016-12-01
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| Series: | Zeszyty Prawnicze |
| Subjects: | |
| Online Access: | https://czasopisma.uksw.edu.pl/index.php/zp/article/view/667 |
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| Summary: | The ‘Numerus Clausus’ Principle for Securitiesin the Polish Legal System
Summary
Most specialists on the doctrine of Polish private law hold that there
is a numerus clausus principle for securities in Polish law, although it has
not been specifically put into words in any act of legislation. According to
the principle only those types of securities may be issued which are regulated by a statute. This means a prohibition on the issue of securities that
have not been legally recognised. There are only a few opinions that say
there is no numerus clausus on securities in Polish legal doctrine. This
question has been the subject of a heated debate, which has attenuated
over the last years. However, many issues have neither been scrutinised nor even noticed. There are still several points worthy of consideration.
The author’s aim in this paper is to review the arguments for and against
numerus clausus; some of them have never been examined before. His
analysis leads him to conclude that there is a numerus apertus (i.e. no
restrictions) on some securities, such as bonds, while others such as
shares, which endow their holder with special rights, are subject to legal
restrictions. The article is an offshoot of research for a dissertation on
private law conducted on an individual research programme supervised
by Dr. M. Spyra at Collegium Invisibile in the 2013/2014 academic year. |
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| ISSN: | 1643-8183 2353-8139 |