Spółki handlu zagranicznego — próba oceny w świetle założeń reformy gospodarczej

Abstract

The article is another attempt at discussing controversies concerning the fact of establishing and the legal structure of associations of capital in the Polish foreign trade. According to a circumstance that the State Treasury represented by the Minister of Foreign Trade owns at least 51°/o of shares in every company, it can be advocated that The State Enterprise Act can not be a base for constituting those companies. The controlling interest of the State Treasury effects that rules of functioning of those companies are to a large extent departing from basic regulation of the economic reform (principles of independence — self containment — of economic subjects, of forms and the scope of supervision excercised by the founding organs). De lege lata they can be established according to the rules of law only on the grounds of Commercial Code provisions. On account of incompatibility of a legal structure of the discussed companies with the essential principles of the economic reform, the assessment of rules and effects of their activity has to be performed and the advisability of stautory elimination of the indicated inconsistencies must be considered.