scholarly journals Legal institutions securing socially recognised rightsof the subjects participating in legal transactions, based on the example of legitimate expectative

2021 ◽  
pp. 190-198
Author(s):  
Joanna Bocianowska
Keyword(s):  
Civil Law ◽  
General System ◽  
The State ◽  
European Countries ◽  
Legal Institutions ◽  
Law System ◽  
General Issue ◽  
Constitutional Tribunal ◽  
The Creation ◽  
Polish Law

The article “Legal Institutions Securing Socially Recognised Rights of the Subjects Participating in Legal Transactions, Based on the Example of Legitimate Expectative” sheds light on the concept of legitimate expectative as a separate right. It gives arguments in favor of qualifying this type of right as legitimate since it protects legally important issues connected with the transactions undertaken by the participants of the market. The article also draws attention to the decisions of the international tribunals and the European legislatives that grant the position of the legitimate expectative in the general system of law. Coined by the German doctrine of law under the names: Anwartschaft, Wartenrecht and Zwischenrecht, the notion of expectative becomes widely recognised in other European countries, also in Poland, which is highlighted in the text. The protection of the said right in the Polish law system is mainly guaranteed by the Polish Constitutional Tribunal, in the described in the article decisions of 1989, 1993 and 1996. The topic of the article is not only the analysis of the said right of expectative but it also aims at a more general issue which is the creation of the new rights in very traditional civil law systems, especially in the Polish one. The summary of the analysis shown in the article leads to the conclusion that new rights and regulations are necessary, and the source of them should stem from the needs of the society, not the needs of the state.

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

scholarly journals Pozbawienie wolności w celu zbadania stanu psychicznego w prawie polskim

2020 ◽  
Vol 55 ◽  
pp. 11-20
Author(s):  
Teresa Gardocka
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
The State ◽  
Legal Institutions ◽  
Main Subject ◽  
The Subject ◽  
Polish Law

The subject of these considerations is the deprivation of freedom ordered to diag-nose the state of an individual’s/person’s mental health. Polish law provides for such a diagnostic deprivation of freedom in the event of a suspected offense with a simultaneous doubt as to the person’s sanity at the time of the committing the act (Code of Criminal Procedure), doubt as to mental illness beings a cause of behavior threatening one’s own life or health, or the lives of others (Act on the Protection of Mental Health) and the exist-ence of a mental illness as a reason for incapacitation (Code of Civil Procedure). These legal institutions differ as for constitutional justification (Article 31 point 3) of the Polish Constitution) and their permissible duration. These differences are the main subject of the analysis. Particularly doubtful seems the possibility of diagnostic deprivation of freedom provided for in the proceedings on incapacitation, as to its duration (it may last up to 3 months).

PRAVNOISTORIJSKI POGLED NA ZELENAŠKE USLUGE U SRPSKOM PRAVU

2021 ◽  
Author(s):  
Biljana Gavrilović ◽  
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Second World War ◽  
The State ◽  
World War ◽  
Money Economy ◽  
The Creation ◽  
Second World

The paper analyzes the state reaction to usurer services, starting from the 1830s until the Second World War. At the time of the transition from the natural to the money economy, the need for money was great. Since agricultural loans were not still regulated, the money could only be requested from usurers. Thanks to that, the usurers become richer and peasants perished. Therefore, the state begins to take certain legal measures, first in the field of civil law and after that in the field of criminal law. In the Principality and Kingdom of Serbia, the range of civil law measures was rich, while the criminal law reaction of the state against usurer services was modest. However, with the creation of the Kingdom of Serbs, Croats and Slovenes, and due to the process of unifications, the focus of the state actions on usurer services is shifted from civil to criminal law.

scholarly journals Air quality and odour evaluation on terrains characterized by a complicated odour emission profiles

2018 ◽  
Vol 57 ◽  
pp. 02012
Author(s):  
Izabela Sówka
Keyword(s):  
Air Quality ◽  
Field Measurement ◽  
Meteorological Conditions ◽  
European Countries ◽  
Emission Sources ◽  
Situation Analysis ◽  
Law System ◽  
Measurement Results ◽  
Polish Law

The complexity of describing the very phenomenon of odour nuisance is probably the cause of lack of regulations concerning this topic in the Polish law system as well as standardized odour law in EU. However, in European countries there are solutions regarding this matter. Moreover, methods enabling the evaluation of odour air quality are available. The problem of an authoritative assessment of odour nuisance appears especially when few emission sources characterized by changing conditions and emission profiles and, very often, a complex spatial/topographical structures, also showing locally variable meteorological conditions are located in „vulnerable” places (with many „odour complaints” being recorded there). In conditions similar to the aforementioned the odour situation analysis requires simultaneous usage of several studying methods. In this work are presented: field measurement results and sociological poll results, all carried out for area with several domineering odour emission sources. The research conducted made possible showing the concentration of various odour types and their sources for the researched area, which later on enabled to undertake action aiming at reducing odour nuisance.

scholarly journals Rozważania na temat represyjnych i prewencyjnych elementów odpowiedzialności odszkodowawczej na przykładzie instytucji odszkodowania karnego (punitive damages) w świetle orzeczenia Sądu Najwyższego oraz Trybunału Konstytucyjnego

2019 ◽  
pp. 83-100
Author(s):  
Maciej Kochanowski
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Point Of View ◽  
Punitive Damages ◽  
Law System ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
German System ◽  
Polish Law

The verdict of the Supreme Court of 11 October 2013 (fi le I CSK 697/12) and the decision of the Constitutional Tribunal of 25 June 2015 (fi le SK 32/14) are discussed and their signifi cance for the understanding of punitive damages analysed. The main problem discussed in this paper is the question whether there is room under Polish law for punitive damages modelled a common law system and whether the adoption of this solution could possibly infl uence the basic premises constituting the liability for damages already adopted. The main focus has been put on the argumentation of the Supreme Court presented in its verdict regarding the possibility of enforcing by Polish courts a judgment in which a foreign court awarded punitive damages, and the arguments of the Constitutional Tribunal regarding the constitutionality of a legal provision establishing a possibility of fl at-rate damages, being awarded and increased in the event of the determination of guilt by the breaching party. Certain detailed provisions that are contradictory from the point of view of the fundamental assumptions underlying the liability for damages in Polish law and the laws of most European legal systems (and the German system in particular) are also examined. Further, a synthetic analysis of the positive and negative aspects of punitive damages identifi ed by other researchers is presented. This is followed by a mention of other institutions available under Polish law which may constitute an alternative to punitive damages, at least when it comes to the provision of an adequate preventive and punitive measure in the event of gross or culpable damage.

scholarly journals Civil-legal institutions in tax law enforcement.

2017 ◽  
Vol 1 (3) ◽  
pp. 42-49
Author(s):  
Marina Karaseva (Sentsova)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The State ◽  
Constitutional Court ◽  
Legal Institutions ◽  
The Russian Federation ◽  
Property Losses ◽  
Civil Order

The subject. The enforcement of civil-legal institutions, such as liability for damage and unjustenrichment in tax disputes.The purpose of the paper is to identify how the civil-legal institutions may help in interpretationand enforcement of tax legal rules.The methodology. The methods of analysis and synthesis are used. The focus of the scientificanalysis concerns the decisions of the Constitutional Court of the Russian Federation,the Supreme Court of the Russian Federation and the courts of general jurisdiction.Results and scope of application. Damage (harm) caused to the state by tax arrears is fundamentallydifferent from the harm (damage) caused to the civil order, responsibility forwhich is provided by Art. 1064 of the Russian Civil Code. Concerning the damages to stateby tax arrears, these arrears don’t affect the initial assets of the state and couldn’t be reimbursedusing to the civil order (Art. 1064 of the Russian Civil Code).Concerning property deduction on personal income tax, it can't be equaled to tax (arrears)by using the legal fiction. Because the underestimation of the tax base for personal incometax leads to property losses of the budget, this situation is subject to the application of civillaw institutions.Conclusions. Today the law enforcement practice creates a situation of substitution of legalityby expediency. The essence of this situation is that, if it is not possible to solve a situationby using tax legal rules, the situations is solved by civil law, although the applicationof the civil law to these situations is not possible on the merits.

scholarly journals Civil Liability for Damage Caused by a Physical Defect of an Autonomous Car in Polish Law

2020 ◽  
Vol 29 (5) ◽  
pp. 165
Author(s):  
Jolanta Loranc-Borkowska
Keyword(s):  
Active Control ◽  
Autonomous Vehicles ◽  
Civil Law ◽  
Civil Liability ◽  
Effective Protection ◽  
Law System ◽  
Levels Of Automation ◽  
Polish Law ◽  
Definition Of ◽  
Civil Law System

<p>The issue of liability for damage caused by the movement of a defective autonomous car is multi-faceted and multi-problem. The purpose of the article is to investigate the issue of liability for damage caused by a physical defect in an autonomous car in the Polish civil law system and determining whether the currently existing civil law regulations are sufficient for effective protection of victims. The paper begins with a definition of an autonomous car – that is a vehicle enabled with technology which has the capability of operating without the active control or monitoring of a natural person. Next, the levels of automation (from 0 to 5) are presented. The following describes the concept of a physical defect. The next part is an analysis of the theories that can be applied to the problem of autonomous vehicles, along with an assessment of the effects of their use. Finally, conclusions from the analysis of the title issue are included.</p>

Inauthentic Sovereignty: Law and Legal Institutions in Manchukuo

2010 ◽  
Vol 69 (3) ◽  
pp. 749-770 ◽  
Author(s):  
Thomas David DuBois
Keyword(s):  
Civil Law ◽  
The State ◽  
State Sovereignty ◽  
Domestic Institutions ◽  
Legal Institutions ◽  
Japanese Empire ◽  
National Sovereignty ◽  
Sovereign State

Although Manchukuo is easily dismissed as a puppet of Japan, at the time of its founding, it was one of many examples of a partially sovereign state. Specific compromises of Manchukuo's sovereignty shaped the formation of its domestic institutions, such as the legal sphere, in tangible ways. Manchukuo handed over to Japan the power to staff and ideologically mold its judiciary, while the tutelary attitude that Japan took toward the state was concretely manifested in aspects of Manchukuo penal and civil law, and a surprisingly contentious path to the abrogation of Japanese extraterritoriality. With the outbreak of war, Manchukuo effectively surrendered its national sovereignty to the needs of the Japanese empire, sacrificing its jurisdictional integrity as well. While not denying the deliberate attempt made by Japan to misrepresent the independence of Manchukuo, this article also seeks to understand more precisely how Manchukuo's architects assumed certain limits to state sovereignty, and how this understanding systematically crippled the new state's legal institutions.

ANALISIS PERBANDINGAN KEKUATAN MENGIKAT PRA KONTRAK DALAM HUKUM KONTRAK DI INDONESIA DENGAN HUKUM KONTRAK DI EROPA KONTINENTAL

2019 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Rida Halimah , ◽  
Pranoto ,
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
European Countries ◽  
Source Analysis ◽  
Comparative Approach ◽  
Modern Theory ◽  
Literature Study ◽  
Conceptual Approach ◽  
Law System ◽  
Principles Of Justice

<p>Abstract<br />This article aims to determine the Comparison of the Binding Strength of Pre-Contract in Contract Laws <br />in Indonesia with Contract Laws in European Countries. This research is prescriptive normative legal <br />writing using the source of legal materials, whether in the form of primary legal materials and secondary <br />legal materials. The technique of collecting legal materials in this research is by way of literature study <br />through the collection of legislation, books, and other supporting documents. In the writing of this law, the <br />authors use case approach, comparative approach and conceptual approach and using the technique of <br />legal source analysis by syllogistic method through deductive thinking pattern. Based on the results of the <br />research that the authors did, it was found that the contract law in Indonesia related to the pre-contract <br />arrangement is still unclear while in Europe it is clearer and more assertive, Indonesia tends to still follow <br />the classical theoretical view that good faith should be applied at the stage of contract implementation, <br />countries in Europe have embraced the modern contract theory’s view that good faith must already exist <br />in the pre-contract stage. Pre-contract is not specifically regulated in Indonesian legislation, especially in <br />the Civil Code the absence of regulation on pre-contract making the binding of preband contracts vague, <br />there is a prominent difference in the jurisprudence of pre-contract. The results of this study suggest that <br />the law of Indonesia more firmly in regulating the pre-contract should refer to European countries because <br />Indonesia and Europe have in common that is the civil law law system. Thus, although Indonesia does <br />not specifically have written rules in legislation but Indonesia can expressly decide on pre-contract based <br />on the principles of justice and trust.<br />Keyword: Good Faith; Classical Theory; Modern Theory; Pre-contract.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui Perbandingan Kekuatan Mengikat Pra kontrak Dalam Hukum <br />Kontrak  Di  Indonesia  Dengan  Hukum  kontrak  di  Negara-negara  Eropa.  Penelitian  ini  merupakan <br />penulisan hukum normatif yang bersifat preskiptif dengan menggunakan sumber bahan-bahan hukum, <br />baik yang berupa bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan bahan hukum <br />dalam penelitian ini adalah dengan cara studi kepustakaan melalui pengumpulan peraturan perundang-<br />undangan, buku, dan dokumen lain yang mendukung. Dalam penulisan hukum ini, penulis menggunakan <br />pendekatan  kasus,  pendekatan  komparatif  dan  pendekatan  konseptual  serta  menggunakan  teknik <br />analisis sumber hukum dengan metode silogisme melalui pola pemikiran deduktif. Berdasarkan hasil <br />penelitian yang penulis lakukan, ditemukan bahwa Hukum kontrak di Indonesia terkait pengaturan pra <br />kontrak masih belum jelas sedangkan di eropa sudah lebih jelas dan lebih tegas, Indoesia cenderung <br />masih mengikuti pandangan teori klasik bahwa itikad baik harus diterapkan pada tahap pelaksanaan <br />kontrak sedangkan pada negara-negara di Eropa sudah menganut pandangan teori kontrak modern <br />yakni itikad baik harus sudah ada pada tahap pra kontrak.. Pra kontrak tidak diatur secara khusus dalam <br />peraturan perundang-undangan di Indonesia, khususnya dalam Kitab Undang-Undang Hukum Perdata <br />(KUH Perdata) tidak adanya pengaturan mengenai pra kontrak membuat kekuatan mengikat pra kontrak <br />menjadi samar, terdapat perbedaan yang menonjol dalam yurisprudensi mengenai pra kontrak. Hasil <br />penelitian ini menyarankan agar hukum Indonesia lebih tegas dalam mengatur pra kontrak sebaiknya <br />mengacu pada negara-negara Eropa karena Indonesia dan Eropa mempunyai kesamaan yakni menganut <br />sistem hukum civil law. Dengan begitu meskipun Indonesia tidak secara khusus memiliki aturan tertulis <br />dalam perundang-undangan namun Indonesia bisa secara tegas memutuskan mengenai pra kontrak <br />dengan berlandaskan asas keadilan dan kepercayaan.  <br />Kata Kunci: Itikad Baik; Teori Klasik; Teori Modern; Pra kontrak</p>

scholarly journals Development of legal institutions of Ukraine as consequence of historical events

2020 ◽  
Vol 11 (11) ◽  
pp. 102-106
Author(s):  
Vasetsky V. Y.
Keyword(s):  
Soviet Union ◽  
Legal Status ◽  
The State ◽  
European Countries ◽  
Legal Institutions ◽  
Historical Events ◽  
Independent State ◽  
Legal Documents ◽  
The Soviet Union ◽  
The Future

The emergence of Ukraine as an independent sovereign state is connected with important historical events that have significantly influenced its present. The purpose is to study the dynamics of the gradual historical development of the legal institutions of Ukraine, focusing on important historical events that significantly influenced the emergence and development of our country's statehood and its strengthening in the future. Historically, the development of local self-government in the territory of Ukraine-Russia is closely linked to the situation on these lands, which occurred after the Tatar-Mongol invasion of 1240 and the actual destruction of Kievan Rus. The distribution of Magdeburg law in Ukrainian cities is considered, which is related to the influence of the processes inherent in European states of that time. The importance of Philip Orlik's Constitution for the democratic development of both Ukraine and European countries is considered. This document is a source of law not only in Ukrainian but also in European history and is important both in terms of Ukraine's internal development and its impact on the processes of becoming democratic European countries. In legal terms, the importance is to solve one of the most important issues - to justify the role of representative power as a prototype of the future Ukrainian parliament. It is emphasized that the most significant events concerning the establishment of Ukraine as a sovereign independent state occur in its recent history: after the First World War 1914 - 1918, when Ukraine became an independent state; as a result of the collapse of the USSR in the late twentieth century and the final creation of independent states on the ruins of the Soviet Union, which marked the beginning of a new era of Ukrainian statehood. The formation in April 1917 of the Central Rada as the highest territorial authority in Ukraine was the source of a number of legal documents on the way to the independence of Ukraine, four Universals were adopted, which gradually brought Ukraine closer to an independent state. Universals of the Ukrainian Central Rada are political and legal documents of programmatic character of 1917-1918, defining changes in the state and legal status of Ukrainian lands of the former Russian Empire. The most important milestone on the path to the formation of an independent Ukrainian state was the adoption by the Verkhovna Rada of the Ukrainian SSR on the eve of the final collapse of the Soviet Union a well-known document of historical significance - the Declaration of State Sovereignty of Ukraine and the adoption of the Act of Declaration of Ukraine on August 24, 1991. It is concluded that on the long road of gradual historical and legal development in Ukraine law has been formed as a sign of its statehood and which is of great national value. Keywords: formation of the state and legal institutions, Magdeburg law, Constitution of Phillip Orlik, creation of independent state.

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