Wyniki wyszukiwania - Biblioteka Nauki

1

Powszechność usługi rachunku bankowego

100%

Mianowana R.

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tom 58

203-214

EN

Nowadays the agreement of the bank account is a most often concluded agreement. It results above all from the fact that employees are paid directly to their bank accounts. Amassing financial means, granting credits and loans and conducting cash settlements are main activities of banks. Bank account are more common because of the change of lifestyle and that people need to send different payments, the amount of which is becoming proportional to life activity of a given person. Fixed payments or the subscription of the Internet, digital and cable television, rents, energy, taxes etc. are a duty of more people who don’t want to spend much time on it. A bank account which conducts cash settlements without the need of leaving our home, a solution to such a problem. Connecting bank account with payment cards is also significant, because the possibility of purchasing goods without the need of withdrawing cash is a facility that help trading and saves time as well as goods.

2

Udział obrońcy w czynnościach procesowych postępowania przygotowawczego – zagadnienia wybrane

100%

Magdziak M.

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tom 59

359-384

EN

In the article the author discusses selected issues of the counsel’s defence participation in procedural acts during preparatory criminal proceedings, which is highly important as the guarantee of a suspect’s right to defence. An essential part of this paper focuses on the way of obtaining information by the counsel about planned procedural acts of proceedings authorities, as well as highly precise methods of expressing the will by the counsel to take part in those acts. The mentioned issues are often clearly presented by the doctrine, but the expressed views are not always complementary with practical problems connected with them. As a result, it seems necessary to make such amendments to the Criminal Procedure Code that, on the one hand, will provide an adequate level of procedural guarantees to the defendant, and on the other hand will not be destroying the efficiency level of preparatory criminal proceedings. Presented remarks have been also made in the context of Act of 27 September 2013 amending the Criminal Procedure Code and certain other acts. Although the mentioned act does not make crucial amendments in case of the counsel’s participation in procedural acts during preparatory criminal proceedings and such amendments are still needed, there are several regulations that may have an impact on the course of preparatory proceedings under the new law and consequently on the counsel’s possibilities (even obligations) to take part in procedural acts during this stage of proceedings.

3

Transfer tradycji. Zmiany prawa na Bałkanach

100%

Giaro T.

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tom 58

95-104

EN

Not all legal traditions display necessarily the same linear stability as the western tradition in its central sector. For instance the Balkans, which are now generally considered to form a sub-tradition of the western one, were originally subjected to the Byzantine influence. Together with the Christianization by the orthodox Church of Byzantium, they received simplified versions of Roman-Byzantine law. However, in the middle of the 15th century the Ottoman conquest of the Balkans brought the Byzantine millennium to an end. This conquest could not force the Muslim law upon the Balkan population, which in great prevalence retained its Christian faith, but on the other hand it did isolate the region for centuries from any western influence. The gradual retreat of the Ottomans occurred only during the 19th century. From this moment on, the original legal systems of the Balkans, which were mummified under the Ottoman occupation, revealed themselves unsuitable for the needs of capitalist economy. It is the reason why in the Balkan countries during the 19th century, alongside with the expansion of capitalism, the massive reception of western codifications and constitutions took place.

4

Mandat imperatywny – charakterystyka instytucji w polskiej tradycji konstytucyjnej

100%

Pisz M.

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tom 59

247-262

EN

The aim of this article is to present the concept of an imperative mandate in the Polish constitutional tradition. In the first part, the notion of an imperative mandate will be characterized in terms of basic criteria, which distinguish this mandate from a different type – a free mandate. In further parts the regulation of an imperative mandate in the Polish constitutionalism of the Noble Republic of Poland until the 20th century will be presented. In the context of the discussion a special emphasis will be placed on regulations of the Constitution of the People’s Republic of Poland of 22 July 1952.

5

Legitymacja czynna spółki kapitałowej w organizacji do udzielenia prokury

100%

Kozłowska-Chyła B.

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tom 59

195-204

XX

The analysis of the legal regulations concerning the institution of procuration shows that capital companies in organisation may not use this legal instrument. These entities, bestowed by the legislator with the legal capacity and possibility to acquire the entrepreneur’s status, do not fulfil, however, the second criterion established in Art. 1091 § 1 of the Civil Code, i.e. they are not subject to the requirement of entry into the entrepreneurs’ register. Thus, capital companies in organisation do not have an active right to grant procuration. This conclusion is strictly correlated with the legal shape of procuration itself, since its obligatory entry into the register – as an element of protection of the third parties performing a legal action with the empowering party represented by the proxy – is the essence of this legal relation. Allowing for the possibility for capital companies in organisation to grant procuration would mean creating a new type of procuration – “non-registered procuration” –which is not grounded in legal regulations and which distorts the very nature of the institution of procuration in its legal shape as applicable by now.

6

Preasumptiones iuris tantum w ujęciu logicznym

100%

Malinowski A.

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tom 58

167-180

EN

This article studies the formal models of rebuttable presumption built using a conceptual apparatus of a monotone logic. The paper presents its own project model using a strict implication in conjunction with the notation of a first-order predicate logic and a sentence logic. The presumption is modeled as a normative criterion for the Court to determine the validity of an unacknowledged descriptive sentence. Moreover other selected formal models of rebuttable presumption are discussed.

7

Sprawozdanie z IV Konferencji Europejskiego Stowarzyszenia Prawa Zdrowia na temat Bezpieczeństwa Pacjentów (9–11 października 2013 roku, Coimbra, Portugalia)

100%

Sarnacka E. , Kapelańska-Pręgowska J. , Syroka-Marczewska K. , Jacek A.

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tom 58

301-322

8

Wybrane problemy prawne w funkcjonowaniu Europejskiej Sieci Ekologicznej Natura 2000

100%

Niewiadomski A.

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tom 59

231-246

EN

The approaching tenth anniversary of the European Ecological Network Natura 2000 is an opportunity to summarise and assess currently binding regulations referring to these areas. The legislation in this field exists both on the level of European and Polish regulations. Their simultaneous application brings some legal problems that can be identified already today and for which new regulations can be proposed. This article describes selected legal problems referring to the function of the European Ecological Network Natura 2000 in Poland. It deals above all with the issue concerning the plans of protection tasks and influence of sustainable development concept on the changes in Polish law in the scope of regulations regarding the areas of Natura 2000.

9

Przesłanki historyczne ujednolicania prawa własności w Unii Europejskiej

100%

Woźniak B.

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tom 59

285-326

EN

Ownership is a central institution of private law and the core of property law. It is usually treated as strictly national area which has been hardly influenced by the process of harmonization. However, the Europeanization of other areas of private law requires creation of common proprietary rights, including ownership. Crucial differences in the concept of ownership exist between civil law, based on the Roman legal tradition, and common law with its medieval roots. Roman ownership was the most comprehensive right from which simple rights (to use, to dispose, to possess) descend. In contrast to common law, classical Roman law refused temporary ownership or split title. These functions were fulfilled by well-developed limited proprietary rights, strictly separated from ownership. Ownership was usually omitted in the process of harmonization of European private laws. One of the few examples of projects to unify ownership to some extent was presented in the Draft Common Frame of Reference – a private study on European civil code. The DCFR did not answer directly the question which concept of ownership should be adopted in the common European law of the future. Numerous references to Roman law indicate, however, that the authors of the DCFR included Roman legal tradition in their studies and, as regards the ownership right, they preferred continental solutions to the approach of the English common law.

10

Ewolucja statusu gospodarstwa rolnego i gospodarstwa ekologicznego w prawie polskim i prawie UE

100%

Wysocka E.

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tom 59

327-355

EN

This article discusses the issues related to the legal structure of the farm as an organized whole, viewed as a set of components, but primarily in functional terms, as a defined operation. In recent years, the farms have faced changes relating to the agricultural policy pursued after the accession of Poland to the European Union. With regard to Poland, the occurring legal changes concern historical political conditions and the Common Agricultural Policy. A considerable intensification and specialization of agricultural production, the use of chemical fertilizers, machinery, plant protection products and new genetic engineering technologies have contributed to environmental degradation and the need to protect it for future generations, which has found application in the legal regulations concerning the changes in the Common Agricultural Policy of the European Union. The directions of changes in the status of the agricultural farm gave the opportunity for a transition from conventional farming to organic production, certified or integrated, based on the principle of sustainable development. In addition to typical agricultural production, the European Union is now striving to integrate rural areas into multifunctional activities aimed at fulfilling the production functions, spatial and environmental functions, as well as service functions by the farm. Protection of Earth’s natural resources is, therefore, implemented through the search for other, more friendly management methods for the farm, which is reflected both in the Polish law and the European Union law.

11

Przeżytki ustawodawstwa wyznaniowego w polskim systemie prawnym.

100%

Borecki P.

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tom 59

41-58

EN

Nowadays there are a few regulations and acts which are still formally in force in the legal system in Poland: the Regulation of the President of the Republic of Poland of 22 March 1928 on the Relation of the State to the Eastern Orthodox Church of the Old- Believers, having no ecclesiastical hierarchy, the Act of 17 March 1932 on the Contributions to the Catholic Church, the Act of 21 April 1936 on the Relation of the State to the Muslim Religious Union in the Republic of Poland, the Act of 21 April 1936 on the Relation of the State to the Karaim Religious Association in the Republic of Poland and the Act of 25 March 1938 on the Manufacture and Trade of Devotional Articles and the Objects of Worship. The compliance of these acts with the Constitution of 1997 raises a number of concerns, what is more, they contain a number of anachronisms. Currently, those acts represent signs of isolated phenomena in their home jurisdiction. They exist in isolation from their original historical context, axiological and constitutional grounds, especially in the relations between the state and religious denominations. Their ratio legis is at present in the vast majority out of date. It can be assumed that the standards resulting from the enlisted above acts and regulations have already expired either totally or partially due to desuetudo. In behavioural terms the acts of 1932 and of 1938 currently no longer exist and the legislative acts of 1928 and of 1936 do not exist in a substantial extent. The reference to the pre-war religious legislation in the current legal system is very limited. It is not used in practice except from certain regulations of an organizational nature, concerning the legal personality of the right of religious denominations and their organizational units. It is urgently necessary either to repeal these acts or implement necessary amendments to them. Their validity interferes with the principle of the citizens’ trust in the state. Moreover, it does not serve properly the development of proper confessional communities and even undermines the authority of the state.

12

Reklama kredytu konsumenckiego w świetle ustawy o kredycie konsumenckim

100%

Kopeć-Kowalczyk M.

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tom 58

105-126

EN

New credit advertising regulations came into force on December 18, 2011, implementing the Consumer Credit Directive. The Consumer Credits Act provides for what information must be included in advertisements for consumer credit agreements and how that information must be presented. In particular – if an advertisement includes any figures relating to the cost of the credit – a ‘representative example’ must be submitted including the percentage rate, the annual actual rate of interest, any non-interest charges required to be paid for the credit, and the amount of credit. If applicable, also the term of an agreement, the total amount payable, the periodic installments, and the cash price of goods or services financed by the credit must be included in an advertisement. The above information must all be displayed in a clear, comprehensive and prominent way. Sanctions for creditors and credit agents breaching the aforementioned are stipulated under other acts. However, impact of the new regulations on daily praxis on the market seems to be limited. It still happens that the compulsory information is not provided in the advertisements in a way which enables consumers to compare different offers, also due to the official interpretation of regulations.

13

Działalność rolnicza w przepisach prawa publicznego i prywatnego

100%

Łobos-Kotowska D.

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tom 59

217-230

EN

The concept of agricultural activity is of particular importance for agricultural law. It should be the basic concept of this branch of law, and according to some representatives of the doctrine of agricultural law, it is the concept of agricultural activity which formed the basis of its separation. The aim of this paper is to define the legal nature of farming and determine whether the agricultural activities can be classified as public law or private law. The subject of the discussion of this paper is therefore to define characteristics of agricultural activity, in particular in terms of objective, and to distinguish the business from the generation of a different nature, and other economic activities awarded on the basis of the Act of 2 April 2007 on the freedom of economic activity. This will answer the question whether the agricultural activity is a category of economic activity, in particular on the basis of the provisions of the act, but also other laws, including tax laws. Due to the complex and heterogeneous nature of the concept of agricultural activities, considerations will be transferred to the rules of substantive private law. The analysis will focus on the uniform treatment by these provisions of entrepreneurs and farmers engaged in agricultural activities.

14

Ochrona gruntów rolnych na obszarach realizacji inwestycji przeciwpowodziowych – wybrane zagadnienia prawne

100%

Stańko M.

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tom 59

263-274

EN

Widespreading floods for many years call for undertaking a numer of prevention measures. It is also necessary to create new legal instruments enabling faster reaction to occuring disasters. The problems were reflected at the European Union level which was expressed in the Directive 2007/60/WE of the European Parliament and Council of 23 October 2007 on flood risk assessment and management. The expression of legislative work at the domestic level is, among others, the Act of 8 July 2010 on special principles of preparation of investments within the scope of flood constructions. Against the background of the act a problem has occurred whether within the framework of undertaken construction processes, which are often implemented on agricultural areas, the issue of land protection has been pushed aside or generally stopped being of crucial, if any, importance. The problem is the subject matter of considerations of the article. The considerations resulted in drawing some conclusions and enabled to put forward some demands on the legislature.

15

Pożyczka morska w zachodniej tradycji prawnej

100%

Blicharz G.

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tom 58

9-30

EN

Researches on the sea loan in Roman law have led to the question of its fate in the western legal tradition, and its actuality for the legal science. Following the history of pecunia traiecticia from medieval times until the nineteenth century, it is fair to talk about the creation of a common framework of sea loan, which, in practice, completely relied on the achievements of Roman legal thought. Ancient heritage is evident from the name itself. Fenus nauticum, sometimes written foenus nauticum, pecunia traiecticia and even usura maritima were constantly present in glosses, commentaries and textbooks of ius civile and common law. They remained in legal science, even if much more popular have become a contract of insurance, bottomry loan or respondentia, different types of contracts that aimed to be a continuation of ancient sea loan. With the full awareness legal tradition preserved sea loan and in order to provide the dogmatic distinction, it found new names for other similiar but not the same contracts. For historical and comparative legal perspective, much more important, however, is the influence of the Roman conceptual framework on the structure of sea loan itself. Undoubtedly, the greatest hero of these ages has been the expression pretium periculi. Together with another ancient formulation si modo in aleae speciem non cadat, they were constant points of reference in the legal tradition. It turns out that not only the Romans feared that the sea loan does not become an convenient opportunity for speculation, or maybe even a way to circumvent the limits for interest. Gregory IX, decretalists, representatives of the usus modernus, nineteenth-century French doctrine and finally jurisprudence and doctrine of English and American common law, emphasized that such an agreement is binding on the parties in so far as it is circumvention of interest or „pure gambling”. In this form sea loan remained an important solution in the western legal tradition that has preserved its autonomy in relation to other types of contracts until the end of the nineteenth century.

16

Znaczenie przeprosin w rozwiązywaniu sporów prawnych. Przykłady uregulowań prawnych i orzecznictwa dotyczącego przeprosin w systemie common law

100%

Gmurzyńska E.

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tom 59

95-140

EN

Apology is a mechanism which is hard to describe and define. It is a phenomenon known from our everyday life experience. In most situations people think about apology in a psychological or axiological context. Although apology shows how important feelings of forgiveness and repentance are for people, apology also has a legal meaning. Recently, due to a wider application of the alternative dispute resolution in legal systems, apology has become an interesting research subject particularly in cases of medical malpractice, family disputes, and disputes in labour law, as well as product liability, since application of apology may have meaningful legal consequences. Many authors suggest that apology may have a positive influence on resolution of legal conflicts and disputes. As a consequence, apology may result in resignation from bringing a formal complaint and in effect decrease the number of court claims, thereby reducing the level of conflict between the parties, and causing more creative and constructive negotiation. Benefits of apology have meaning not only in making strategic and procedural decisions, but also result in calming emotions, repairing of relationships, and fulfilling the need for justice or bringing social harmony. However, in many situations apology may be interpreted as admitting an error and cause legal liability. The problem with apology is such that it may have many benefits for the related parties in changing the approach to the conflict and the other party, but on the other hand it may also encourage a legal claim, because one party may believe that the other was at fault. This article discusses how apology may positively influence conflict resolutions in legal matters, why lawyers in most cases advise their client not to apologize and why this traditional attitude needs to be differentiated and changed. It also discusses legal regulation (apology laws) and court decisions in selected common law countries (the US, Canada, Australia) concerning this particular subject.

17

Mechanizm przeciwdziałania antyspołecznemu zachowaniu uczestników obrotu w obowiązującym ustawodawstwie cywilnym

100%

Yatsenko T.

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tom 58

277-290

EN

In the article historical conditions of formation of a category „antisocial” in civil law are analyzed. The existence of the general prohibition of antisocial behavior in the Russian civil legislation, ensue from the content of the legal relationship between the state and the legally capable person, is proved. The content of civil law’s mechanism of prevention and suppression of anti-social activity of the participants of turnover is considered.

18

Ramy prawne satyry.

100%

Gołda-Sobczak M.

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tom 59

71-94

XX

Although satirical works by their nature are one of the literary genres and artistic creations, the satire framework is introduced by law. The first regulations on this subject can be found in Poland in the period of the Republic of Nobles. During the Partitions of Poland the responsibility for the publication of a satirical work was associated with the liability for defamation or possibly for an insult. The Criminal Code of 1932 and later the Criminal Code of 1969 were heading towards this conviction. The censorship was an effective barrier to political satire. For a long time there were no specific differences between a defaming satirical piece of work and a scientific, artistic or derived from political beliefs criticism that is defamatory in its content. The freedom of criticism is part of the freedom of speech and is considered to be a circumstance repealing liability (Article 41 of the Press Law). The negative reviews of scientific and academic works or other creative, professional or public activity are used as implementation of tasks of the press defined in the Article 1 of the Press Law and, therefore, these reviews are protected by law. This principle, by the Article 54b of the Press Law, was extended to all messages of the critical character. Although a satire authorizes the use of stricter measures of literary expression, it does not allow the breach of other people’s personal rights. A satire – as noted by the Supreme Court – cannot exceed the barrier beyond which a sphere of personal rights protected by law is located.

19

Profesor na Uniwersytecie Cesarskim w Warszawie V. A. Savalsky

100%

Ivannikow I.

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tom 59

141-148

XX

In the article, on the basis of archival data of the state archive of the city of Warsaw and unknown to the Russian reader works (“State law. General and Russian” ‒ parts I Warsaw 1912, and part II – Warsaw 1913) the author sets out a creative way as well as the doctrine of the state and the law of the forgotten Russian philosopher of the early twentieth century V. A. Savalsky (В. А. Савальский) – the first person in Russia who wrote a work on the philosophy of Marburg School of Law.

20

Informatyka prawnicza a argumentacja prawnicza

100%

Lewandowski S.

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tom 59

205-216

EN

Although legal informatics and legal argumentation do not belong to the latest topics in the Polish literature, they are rarely discussed together. Prima facie, it may seem that these fields are considerably different from each other, have little in common and even to some degree are competitive against each other. Argumentation is associated with justification, giving the answer to the question “why?”, whereas informatics is perceived as the expression of strict and condensed knowledge. A computer solution resembles a mathematical result obtained after entering the data while the world of law is not a mathematical model. A slightly deeper analysis of the subjects of research, goals and tasks which legal informatics and legal argumentation have to face shows that these disciplines, when skillfully used, may give each other wide support. Legal informatics may provide and frequently does provide far-reaching assistance in finding and gathering arguments. On the other hand, argumentation protects against mechanical and uncritical use of the achievements of legal informatics.