Wyniki wyszukiwania - Biblioteka Nauki

1

Powszechność usługi rachunku bankowego

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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

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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

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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

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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

Wybrane problemy prawne w funkcjonowaniu Europejskiej Sieci Ekologicznej Natura 2000

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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.

6

Preasumptiones iuris tantum w ujęciu logicznym

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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

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.

9

Przesłanki historyczne ujednolicania prawa własności w Unii Europejskiej

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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.