Problematyka zasady autonomiczności; jej zastosowanie w prywatyzacji bezpośredniej

Abstract

It can be said that today privatization of the market is a longlasting process the economic essence of which is not to privatize as a principle or to improve the national budget, but rather to develop and capitalize enterprises, to secure them with new technologies and to open new markets. In legal terms privatization means the change of the owner of an enterprise from the State, represented by the State Treasury to entities which are not State legal entities. Therefore, commercialization of an enterprise by converting it into one-shareholder company of the State Treasury is not an example of privatization. In economic turnover which is based on private property, institutions characteristic for private law and especially contracts are the fundamental matter. Limitations of the autonomy principle and the principle of freedom of contracts in the privatization process can be regarded as a specific price for the return to market economy.