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Abstract

Commercial functions are very important to the process of urban revitalization. Various commercial forms of trade, such as markets, marketplaces, cloth halls have enriched the public spaces of cities over the centuries. Over the last 25 years of the free market in Poland, we have observed deformations within the urban structure caused by new types of commercial functions. The attractive functions of urban malls and shopping centers, which are usually placed inside, cause the degradation he streets located outside. Shopping centers, spread within the city and isolated by parking areas from pedestrian networks, contribute to the growth of inner peripheries. The fluctuations of the global economy should lead us however, to the delimitation of commercial functions, especially the largest ones. The proper relations between these commercial areas and the beautiful landscape of the city can be used as an element of building the city's image. Ventures within the historical city centers require the development of new instruments which would allow us to protect existing values.
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Abstract

The recast of the European Insolvency Regulation, which has been applicable from 26 June 2017, implements a philosophy of Euro universalism, according to which in solvency proceedings opened in a Member State where the debtor has its centre of main in terests (COMI) should have a universal scope and encompass all the debtor’s assets situated throughout the EU. The wording of the Recast Regulation is in tended to comply with the ECJ case law concerning COMI, such as Interedil, Eurofood, Bank Handlowy or Mediasucre judgments. Nevertheless, it is now questioned whether the Recast Regulation strengthens or rather weakens the COMI/registered office rebuttable presumption and opens the gate for in solvency forum shopping. As far as international company law is concerned, the issue of transfer of seat as well as forum shopping has been widely discussed. So far the ECJ has issued a series of judgments in which it has explained the European freedom of establishment and the cross-border activities of companies in the internal market. Similarly, the US Supreme Court has issued several significant decisions, such as CTP Corp. v. Dynamics Corp. of America, Edgar v. MITE Corp., and International Shoe Co. v. State of Washington, in which the limits of acceptable forum shopping are better delin eated. Based on the aforementioned, it may be concluded that European harmonization measures facilitating cross-border mobility should additionally assist in achieving predictability and efficiency, as well as the economic viability and security of the operations under consideration. This contribution analyses and expounds on the lessons that can be learned from both the ECJ case law as well as US Supreme Court’s decisions on in ternational company law, in cluding an examin ation of their effect on in solvency forum shoppin g. There is no doubt that, if successful, harmonized legislation on these matters would be a great asset for the internal market.
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