| Even
though the laws dating back from the Napoleon code and those passed
during the Communism wasn't disappeared, Poland has from now a
typical legal system of a modern European State. In the space
of ten years, Poland knew to demolish its incoherent and exceeded
legal system to establish a legal system in conformity with the
community requirements.
The new"little Constitution" from 1990 was restored
by the civic rights and a parliamentary democracy, before to
be replaced on 25th May , 1997 by a new constitution approved
by referendum and inspired by the recommendations of the European
Union and the best world practices. Great upheavals were accomplished
in the code of the trade, facilitating the arrival of foreign
investors.
However, the existence of an adequate legal system is not sufficient
for effective operation of justice and the respect of the legal
provisions. Formed relatively well, the judges still miss normal
legal reflexes in market economy. They cannot be based only
on jurisprudence incipient to interpret the laws often too vague.
And the rules concerning the protection and exercise of the
rights of ownership, the company law, the relations between
companies and the procedures of bankruptcy are a little adapted
or badly applied.
Considerable efforts, sometimes with the assistance of external
countries such as France or Belgium, were carried out with an
aim of equipping the legal order with adequate data processing
and of inserting the Polish legal network into the European
legal network. But in practice, the justice remains very slow.
A
practice of the businesses forced by the inefficiency of the
Administration > >
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