Wyniki wyszukiwania - Biblioteka Nauki

1

OBMEDZENIE PARTICIPAČNEJ DEMOKRACIE V USA

100%

Futó G.

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nr 2

42 – 49

EN

Referendum and initiative as integral parts of participatory democracy are the key elements in preserving retained powers of the people. Diminishing the ability to guard they will by refusing to defend the outcomes of state popular vote in federal courts, leaves open question about interpretation of standing doctrines by United States Supreme Court. The same sex marriage cases present an example of different standards set by the highest court in this area. Hollingsworth v. Perry decision, stating that the official proponents of the initiative lack standing to appeal the judgement of the District Court undermines the principles of the initiative process, hence the whole concept of popular sovereignty.

2

Irresponsible organizations: The theory of court as organization

100%

Javor I.

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nr 1

66-87

EN

The study presents a theory of irresponsible organizations. According to our definition an organization (focal one) is responsible if it hurts the interest of others (other organizations), others can rehurt the interest of focal organization. The irresponsible organizations are immune to the rehurting trials: cannot be rehurt. This definition fits many types of bureaucracies, or the courts. The theory of irresponsibility of organizations helps to sketch a new organization theory of power. It is important to emphasize the definition of responsibility and irresponsibility is not an ethical one but based on power. In the interorganizational conflicts it is extremely useful to differentiate the actors how they can win or lose during the conflicts. Responsible organizations can win and lose too, but the irresponsible organization can win only. So the risk of different actors, and the behaviour of them can be differentiated according to their positions on the responsible-irresponsible scale. The first half of the article introduces the reader into the theory of irresponsible organizations (as a part of theory of power). The second half of the study deals with the court as an irresponsible organization. This paper is an introductory part of the theory of court as organization.

3

RÝCHLOSŤ TRESTNÉHO KONANIA A DOKAZOVANIE

100%

Kurilovská L. , Šišulák S.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2022

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tom 105

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nr 6

507 – 521

EN

The paper deals with the issue of evidence in the pre-trial procedure and the application of the basic principles relating to the taking of evidence in the conditions of the Slovak Republic. The authors summarized the most important basic principles applicable to evidence, pointing out their considerable importance.

4

Sposoby odzyskiwania naleznosci przez przedsiebiorstwa

100%

Sierpinska M.

Contemporary Economics

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2010

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nr 4(16)

187-202

EN

The paper presents three types of account receivables recover: by court, conciliation, or by financial execution. All of these methods are shortly described and the costs of their using are analyzed. Of course, the mixed method was presented as well. In the article practice of execution firms' activity in Poland is also shortly presented.

5

INŠTITÚT PREMLČANIA A POVINNOSŤ SÚDU EX OFFICIO PRIHLIADAŤ NA PREMLČANIE

100%

Ovečková O.

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tom 98

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nr 2

178 – 186

EN

The article addresses the amendment of the Act No. 250/2007 Coll. on consumer protection, implemented by the Act No. 102/2014 Coll. (valid from 1 May 2014), which laid down the ex officio obligation of the body deciding on claims from consumer contracts to take into account prescription, even if the consumer does not invoke prescription. This regulation faces many issues, not only in the area of application of law, but also in the area of legal theory. The article addresses some of these issues. The ex officio obligation of the court to take into account prescription is contrary to several legal principles, such as the principle vigilantibus leges sunt scriptae. Prescription is basically a sanction for violation of this principle. Due to the new legal act this sanction only applies to the creditor. The debtor is not obliged to observe this principle. It is also contrary to the principle of the autonomy of the will of private law subjects. In our law prescription is conceived as the concept of substantive law, which is fully in hands of the debtor who may decide whether he will or will not invoke prescription. The new legal act removes the basic difference between prescription and preclusion. This regulation of consumer protection also influences the procedural position of the parties, which is modified against the situation before the adoption of the amendment. It concerns the principle of equality of the parties to the proceedings as well as the instruction obligation of the court. There are also problems concerning the temporal applicability of the amendment.

6

Czynności przygotowawcze w sprawach kryminalnych rozpoznawanych przez sądy miejskie w Polsce XVI-XVIII wieku

100%

Mikołajczyk M.

Z Dziejów Prawa

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2011

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tom 4(12)

27-49

EN

The towns of the pre-partition Poland were governed by a separate law, the so called Ger- man law which between the 16th and 18th centuries already differed a lot from its Magdeburgian prototype. The criminal trial used in these towns, despite some influences of the inquisitional proceedings remained the features of the plaint-contradictory procedure. The trial, in principle, started from lodging a plaint by a person in question. Thus, one can ask a question on initial and preparatory activities preceding court proceedings, examine who initiated and conducted them. The studies covered the practices of selected towns in Małopolska. It turns out that the very little information on preparatory activities conducted before the plaint was lodged is available. Thus we can assume that a small number of source information relates to the poverty of the initial activities themselves. They were most often boiled down to individual actions, aiming at, for instance, detecting the criminal and his/her capturing. In addition, only a part of them was introduced by the court, the other was taken at the request of private people and there were also the ones introduced without the engagement of a public factor. Probably, only a part of them was inquisitive in nature. What is more, we hardly notice more developed forms of proceedings which covered dif- ferent activities mutually complementing one another. Law and municipal practice clearly did not manage to shape a preparatory proceeding preceding a court trial. Instead, only its elements appeared in the form of different, often completely informal, activities.

7

THE COURT OF ANTAL VERANCSICS AND THE HUNGARIAN RENAISSANCE

88%

Gál–Mlakár Z.

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tom 14

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nr 2

-

EN

This article introduces Antal Verancsics´s life, personality and his work. He was a successful diplomat, the high priest and scientist. His work was associated with progress of the late Renaissance in Hungaria. He was in close written contact with his friends and became a part of the international „respublice litterarie”. At the time when he held the offices of the Archbishop of Ostrihom and governor of the Habsburg Emperor, he embarked twice on a long and dangerous journey to Constantinople. The Drinopol peace treaty was signed as a result of his negotiation with the Turkish sultan there. Verancsics maintained a court of his own - small but adequate to his means, that was strongly connected to him personally and dissolved after his death. The parts of his heritage have retained its importance even to the present they, including a liturgical rite book heavily influenced by the renaissance art, as well as various fragments located in the Eger basilica, which was built at his command, as well as his plans of the castle in Nové Zámky.

8

VÝKLAD A APLIKÁCIA DOBRÝCH MRAVOV A ZÁSAD POCTIVÉHO OBCHODNÉHO STYKU V ROZHODOVACEJ ČINNOSTI SÚDOV

75%

Ovečková O.

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nr 4

351 – 364

EN

The first part of the contribution deals with the issue of contradiction of a legal act with good morals. It defines the term of good morals and their function in law, as well as the substance of contradiction of the legal act with good morals. It analyses the application of the provision of Art. 39 of the Civil Code. It refers to the most serious weaknesses in the application of Art. 39 in the case-law. The second part of the contribution is devoted to the enforcement of law and to the principles of fair trade. First it analyses the terms enforcement of law and principles of fair trade. Then it examines the issue of application of the provision of Art. 265 of the Civil Code in the case-law. It deals with the following specific problems: relationship of provision of Art. 265 of the Commercial Code and the provision of Art. 3 (1) of the Civil Code; relationship of the provision of Art. 39 of the Civil Code and the provision of Art. 265 of the Commercial Code, as well as the issues of an abuse of law enforcement and moderation law.

9

Kryzys oznacza także osąd

75%

Jelonek T. B.

Studia Socialia Cracoviensia

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2010

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nr 1(2)

27-35

EN

In the face of a great interest in the problem of crisis in a political, social and economic area it is important to focus on the fact that Greek text of the Holy Scriptures uses the word κρίσις for the God’s judgment. It is portrayed in the Bible with a variety of images and it is the reality that is still present in the history of mankind. A special attention is paid to the Final Judgment, one of the aspects of the Lord’s Day which will finish the history of salvation and manifest itself as parousia and epiphany. The article explains these two manifestations of Christ’s return and within epiphany it takes into consideration the Final Judgment which will be the manifestation of God’s justice in God’s whole economy of salvation.

10

SEALS OF MEDIEVAL HUNGARIAN KINGDOM AS MEANS OF COMMUNICATION IN COURT PRACTICE AND PROPERTY PROTECTION

75%

Glejtek M.

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2022

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tom 15

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nr 1

11 - 23

EN

In medieval society seals used to be important instruments, bearing a wide range of applications. Closer attention is usually paid to their connection to documents with legal content. When attached to charters and letters they fulfilled several functions such as authenticating, authorizing and enclosing them. Researchers usually do not pay as much attention to other uses of seals that have no direct connection to written documents. In the Early Middle Ages, seals were also used for court summons and for sealing the wounds during ordeals. In the Late Middle Ages, we know of their application for property protection against unauthorized manipulation. Seals used to safeguard cases with seal matrices, money or insignia as well as reliquaries. This study introduces the ways seals had been used based on written legal, diplomatic and narrative sources from specific periods.

11

DVOŘANÉ NEUHERSKÉHO PŮVODU NA STRÁNKÁCH KNIH ÚČTŮ DVORA KRÁLE VLADISLAVA II. Z LET 1494–1495: PŘÍSPĚVEK K FUNGOVÁNÍ UHERSKO-ČESKÉ PERSONÁLNÍ UNIE V DOBĚ JAGELLONSKÉ

75%

Kozák P.

Historický časopis (Historical Journal)

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2021

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tom 69

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nr 2

193 – 222

EN

The aim of the study is to present the potential of the surviving register of revenue and expenditure of the King of Hungary from 1494–1495 in relation to research on the personal composition of the royal court of Hungary and Bohemia. At the same time, emphasis was placed on the circle of persons from outside the Kingdom of Hungary. Analysis of the account material shows that after 1490, a group of people from the Czech Lands formed a group at the court in Buda that could not be overlooked. If we add to them identified courtiers of Polish – Lithuanian origin or with roots in the German regions of the Holy Roman Empire, they make up more than 60% of the people of noble origin, who gave colour to the court of King Vladislav Jagiello in Buda. A detailed prosopographical analysis of Vladislav’s court in the period 1490–1516 is still lacking. However, the partial analysis of the situation in the mid 1490s shows that it was not just the Hungarian court with a not very important Bohemian appendix, but an institution fully representing both the Hungarian and Bohemian parts of Vladislav’s realms.