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3 Opolskie Studia Administracyjno-Prawne

3 Antoniuk J. R.

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Aukcja on-line

100%

Antoniuk J. R.

2012

tom X

nr 4

9-24

The Internet makes it not only possible to purchase goods through websites (online shops) by submitting a tender and accepting it, but to do so by means of online auctions. The latter way of concluding a contract came into prominence both in the United States of America and all around the world. Items purchased on auctions have come to be not only consumer goods, but also articles of great value, including works of art such as Rembrandt Harmenszoon van Rijn’s The Circumcision, which, so far, have solely been seen at auctions organised by, for instance, Sotheby’s or Christie’s auction houses. The Internet-based auctions have also been popular in Poland. As for on-line auction sales, Allegro.pl website is of great importance in the country. The regulations of the Polish Civil Code define three ways of concluding a contract, including an auction and a tender, as defined by the provisions of Articles 70¹–705 of the Polish Civil Code. However, the analysis of the Internet auction procedure shows a number of discrepancies between it and the auction-referred regulations contained in the Civil Code. The differences pose a question whether they are significant enough to conclude that the on-line auction, despite some apparent similarities, should be regarded as a form of concluding a contract that is entirely different from the auction regulated by the provisions of the Civil Code. The positive decision on this issue would determine the question of the purposefulness of introducing provisions on the online auctions as a separate form of concluding a contract into the Civil Code. The conducted analysis leads to the conclusion that the on-line auction does not differ essentially from that regulated by the provisions of the Civil Code. Therefore, there is no necessity of introducing any separate regulations concerning it into the Civil Code, but only taking into consideration the specific character of the on-line auction and adjusting the existing provisions of the Civil Code to them.

Bezumowne zarządzanie przez gminy budynkami stanowiącymi prywatną własność jako prowadzenie cudzych spraw

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Antoniuk J. R.

2014

tom XII

nr 3

9-26

The article deals with the problem of non-contract private building management by communes. The situation, however, generates conflicts over the administration between the buildings' owners and the communes. In the firs place, the author of the article discusses the legal regulations binding in the period of the People's Republic of Poland, witch caused numerous properties, particularly privately-owned buildings, to remain in the possession of communes. In order to assess the legal relation between the commune and property owners, the provisions of Articles 752-757 of the Polish Civil Code, witch concern management of another person's affairs without mandate (negotiorum gestio) are applied. On the ground of this regulation, the author examines the rights and duties of the commune managing private buildings and its responsibility against owners of properties. He also discusses the question of binding property owners to contracts made by the commune. Frequently, the property managed by communes has unregulated legal status, which hinders their return to the righteous owners. In consequence, communes are forced to manage the property. Therefore, the author shows the legal basis of the commune's claim for taking over the management of buildings by their legal owners.

Użycie znaku towarowego w domenie internetowej jako naruszenie prawa ochronnego na znak towarowy. (Glosa do wyroku Sądu Najwyższego z dnia 11 grudnia 2013 r., IV CSK 191/13)

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Antoniuk J. R.

2015

tom XIII

nr 3

165-173

The Gloss is partly a critical analysis of the decision of the Supreme Court of December 11, 2013 (IV CSK 191/13), in which the Court decided that using a trademark in the Internet domain by the third person is an act of infringement of this trademark protection right if it causes the risk of misleading concerning the origin of the goods (services) or it leads to an infringement of the advertising function of the trademark (Article 296.1.2 of the Industrial Property Law Act of 30 June 2003). The author indicates that acknowledgement of infringement of the protection right depends on identifying commercially exploited web pages by the Internet domain where the trademark was used. Moreover, the author shows that the assessment of the similarity of combination marks being the prerequisite for the acknowledgement of the infringement, due to the character of using the mark in the Internet domain, must disregard graphic components of combination marks.