1257951306

1257951306



20 Tadeusz P. Tkaczyk

changes are usually morę easily accepted by the society than those related to traditions and customs. One needs to remember about the short and long-term consequences (e.g. pre-electoral promises or logical sequence of actions). It is particularly significant in functioning of public sector, evidence of which is not only our experience.

Key words: security of trading, law and economics cohesion, law and privatization, the role of the EU, mutual education of lawyers and economists.

Introduction

Product exchange is related to development of civilisation in our "best of the worlds". At the beginning specialisation, division of work hap-pened inside the community, but there was the above mentioned product exchange, however still not of goods, among tribes, etc. Product exchange was related to the distinctiveness of tribal "ownership". Those transactions together with occurrence of surpluses gained significance, but it still was not a market exchange.

Natural economy is not identical with market, and even morę so market-based mechanism, as well as the concept of market eąuilibrium price. Such "freedom of management", market and ownership like we have in Poland, according to our law and functioning of administra-tion, cannot be found even in the USA. Here morę than in the USA one can do with "their" property, even illegally acąuired, basically what one wants. It is known, that it was not so even in the ancient Romę.

In the beginnings of exchange people based on the "concept of gift" and trust, whose violation could have caused wrath of ancestors (tra-dition), divine and then royal decisions. The oldest codes regulated that problem, just like expression of rules of management can be found in the Old Testament. Many of those rules found their reflection, partially modified, in the New Testament and teachings of the Church throu-ghout many ages. With both positive and negative conseąuences. The approach to the usury changed, although it took a long time. Much less took the abolition of anathema from those using numbers, which we cali Arabie, although it is a Hindi "invention". European merchants le-arned them from Arabie merchants trading with the Far East2.

Dynamics and scope of changes in current globalising market re-ąuires not only their constant monitoring but also modification by deci-sion makers and security of trade.

2 To this day Islam condemns both the usury and even paintings, sculptures of people. It is true that there are banks and financial institutions based on the principles of Islam, but their theological and legał doctrine is different. What would the Vatican Museum be filled with if the Judaic ban taken over by Islam was respected?



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