scholarly journals Minor Victim Representation in Cases of Crimes Committed by Family Members in Polish Law

2020 ◽  
Vol 29 (5) ◽  
pp. 181
Author(s):  
Kamil Łakomy
Keyword(s):  
Legal System ◽  
Family Members ◽  
Criminal Court ◽  
Private Law ◽  
Legal Regulations ◽  
Public And Private ◽  
Polish Law ◽  
A Minor ◽  
Procedural Rights

<p>The study presents the current legal regulations and problems with the implementation of procedural rights of a minor victim in the case of crimes committed by members of his family in the Polish legal system. The presented issue concerns the necessity to apply provisions contained in various acts, both public and private law. The author discusses the most important judgements of Polish jurisprudence in the indicated scope, emphasizing, however, that many aspects of the discussed issues, of a procedural nature, have still not been regulated. The conclusions include <em>de lege ferenda</em> postulates concerning, i.a., the transfer to the criminal court of the competence to appoint a guardian <em>ad litem</em> for disadvantaged minors.</p>

The changing face of private law: doctrinal categories and the regulatory state

Legal Studies ◽  
1982 ◽  
Vol 2 (3) ◽  
pp. 257-268 ◽  
Author(s):  
N. E. Simmonds
Keyword(s):  
Legal System ◽  
Public Law ◽  
Private Law ◽  
Regulatory State ◽  
Public And Private ◽  
University Curricula

Legal scholars over the last 25 years or so have experienced a growing sense of dissatisfaction with the traditional classifications that segment university curricula and legal textbooks. Contract and tort, for instance, are felt to be not so different after all. The intimate historical links between the tort of negligence and the action of assumpsit may be seen as reflecting the realitics more truly than the later doctrinal separation of voluntarily and involuntarily incurred obligations. The growing impact of public law on the exercise of privatc rights, and the interweaving of public and private law that runs through an evcn greater portion of the legal system, cause still more fundamental doubts.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

scholarly journals Prawo moratoryjne państwa polskiego w okresie kryzysu gospodarczego lat 30. XX wieku

2021 ◽  
pp. 74-83
Author(s):  
Robert Zygmunt Jastrzębski ◽  
Keyword(s):  
Interest Rate ◽  
Research Method ◽  
Private Law ◽  
Legal Regulations ◽  
Public And Private ◽  
The Great Depression ◽  
The Subject ◽  
Polish Economy ◽  
The Interest Rate ◽  
Farming Industry

Purpose – The article aims at characterising Polish moratory laws during the Great Depression. The article is centred around the legislation on public and private law liabilities. The author pays particular attention to the structure of the Polish economy and to Poland’s deflationary policy that determined the Polish legislation of that time. Research method – The author reviewed the literature on the subject and analysed legal regulations. Results – The author indicates that – given the structure of the Polish economy – moratory legislation concerned the farming industry in particular. It was mainly of an anti-enforcement nature and consisted in reducing the interest rate and spreading the debt repayment over several years (particularly as regards private law liabilities). Originality / value / implications / recommendations – The purpose and functions of moratory laws were, and still are, of particular importance to the economy, especially at the time of economic crisis. This is exemplified by the moratory legislation of the Polish State that adopted and pursued the deflationary policy.

scholarly journals Interpretation in modern legal literature on the functioning of private and public law

2021 ◽  
pp. 258-263
Author(s):  
N. V. Teremtsova
Keyword(s):  
General Theory ◽  
Legal System ◽  
Public Law ◽  
Fundamental Rights ◽  
Traditional Theory ◽  
Private Law ◽  
Public And Private ◽  
Stage Of Development ◽  
Private And Public ◽  
Theory Of Law

The article is concerned with problem of interpretation the public and private law. At the beginning of the article the author describes the imperfection of approaches to differentiation.The article examines the topical issue of general theory of law, which contains a delicate phenomenon that has existed for a long time, but during all this time has not developed a common understanding of its basic parameters, and therefore remain controversial theoretical foundations for construction and operation. Its existence raises a number of very important questions about properties for the legal community. At the moment it is not possible to assert the presence of the same understanding of the essence of separation of the right to private and public. Different scientific schools actually offer his vision within the Ukrainian legal system and traditional doctrine. It would be wise to mention here at the present stage of development of legal matter, it is necessary to make some adjustments to the traditional theory of law, as well as some provisions of the law regarding the division of law into private and public. In brief each new field studied by scientists is a legal phenomenon, but when applying general theoretical conclusions to it, it is necessary to take into account the specifics of the object under study in terms of the general theory of law. To conclude a pattern that allows to establish two objectively independent branches of law, linking them to the manifestations of public and private foundations, and to represent the spread of rights to private and public, as it is not just a classification, but conceptual, concerning the most fundamental rights of each place and role in human life, its defined values, continues in the theory of law today. Keywords: public law, private law, legal system, legal science, branches of law. References

Comparative History and the Internal View of French, German, and English Private Law

2006 ◽  
Vol 19 (1) ◽  
pp. 133-160 ◽  
Author(s):  
Catherine Valcke
Keyword(s):  
Legal System ◽  
German Idealism ◽  
Private Law ◽  
Legal Systems ◽  
Stare Decisis ◽  
Cartesian Dualism ◽  
Public And Private ◽  
Age Of Reason ◽  
Institutional Features

This Article explores the different intellectual and socio-political contexts that attended the emergence of the French, German, and English legal systems with a view to understanding French, German, and English private law from the perspective of the participants in these systems. The French legal system is a child of the Cartesian dualism that marked the Age of Reason, according to which the material world can and ought to be fully dominated by the human intellect. This conception of the relation of facts to ideas arguably is reflected in the structure and design of the French civil code, in such institutional features as the French conception of the role of the judge, as well as in the tendency of French jurists to view contractual consent subjectively. In contrast, the German legal system congealed at a time when Cartesian dualism was losing ground to German idealism. The dialectic conception of facts and ideas favoured by the German idealists arguably made its way into several institutional features of the German legal system, including the content of the BGB, the codification process, the conception of the role of the judge, the style of judicial decisions, and the greater inter-penetration of public and private law. It may also partly explain why German jurists have tended to view contractual consent as simultaneously objective and subjective. Finally, whereas both the French and the German legal systems emerged from highly intellectual contexts, the English legal system grew from a maize of pragmatic political and administrative considerations that left little room for explicit ideas. The emphasis on hard facts still is palpable in many aspects of contemporary English law, in particular, the doctrine of stare decisis, the conception of the judicial function, and the mode of reasoning by analogy. It arguably also is reflected in the tendency of English judges to privilege the objective conception of contractual consent.

scholarly journals Prawo żeglarskie – pytanie o status dyscypliny i program badań

2019 ◽  
pp. 243-255
Author(s):  
Kamil Zeidler
Keyword(s):  
Legal System ◽  
Human Activities ◽  
Maritime Transport ◽  
Private Law ◽  
Public And Private ◽  
Legal Provisions ◽  
Legal Principle ◽  
General Clause ◽  
The Subject ◽  
Offshore Sailing

The traditionally established divisions of law are currently subject to modification occurring in line with the phenomenon of regulating more and more human activities. While the division between public and private law, as well as the catalog of legal branches is still quite stable, more specific areas of law are visible, indicated mostly according to their subject. Sailing law (also called boating law) is the case. The collectivity of norms regulating offshore sailing is most often referred to as maritime law (lex generalis), and it covers norms regulating sailing, i.e. sailing law (lex specialis). however, sailing is subject to very complex and heterogenous regulations. The article lists the most significant legal provisions in practice. more aspects of sailing can be included and specified as indicated in the article. each aspect mentioned above may require going beyond the legal system due to the general clause referring to the best maritime practices. This helps us to realize that sailing law can be divided into sets of theoretical aspects pertaining to the creation of the theory of sailing law. It all reflects the complexity and beauty of sailing law. It is not a branch of law. however, due to the subject of its applicability and the specificity of sailors, it is an area of law ensuring safety on the water. This precaution has the nature of a legal principle justifying and being the basis for most of the regulations applicable to maritime transport, therefore, also sailing.

scholarly journals The Legal Force of Law and Its Justification: History and the Present Day

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
Vladislav V. Denisenko ◽  
Keyword(s):  
Legal System ◽  
Private Law ◽  
Public And Private ◽  
Social State ◽  
Legal Science ◽  
The Social ◽  
The Law ◽  
Legal Force

The article is devoted to the category “legal force” and its justification in legal science. The author analyzes various approaches to understanding the legitimation of the law in the process of historical formation of the social state. The problems of implementing the concept of legal force of law in public and private law in the modern legal system are revealed.

scholarly journals Historical roots and current state of the “public - private law” issue in French legal doctrine

2021 ◽  
Vol 25 (3) ◽  
pp. 562-585
Author(s):  
Alexey P. Semitko
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Public Law ◽  
Social Market Economy ◽  
Private Law ◽  
Legal Doctrine ◽  
Public And Private ◽  
Law System ◽  
Private And Public ◽  
Social Market

The Soviet legal system did not know the division of law into private and public, because communist ideology did not recognize anything private. The end of communist experiment and transition to legal state, social market economy and respect for human rights naturally led to the need to revive private law and to further develop it; therefore in Russian jurisprudence the issue of dividing the law into private and public has become relevant. The subject is the French legal doctrine on this issue; the study is carried out on the unpublished in Russia sources. The historical roots of the basic division of law and its significance for the French legal system are in the focus. Despite the absence of rigid boundaries in this division, the theory describing it is based on the real legal reality of the Romano-Germanic family of legal systems. This theory is not abstract theorizing; it is useful for practice because it aims to maintain a balance between public law and private law regulation. The issue of basic division of law in the case law system is discussed. A comparative study of the issue in the Russian legal doctrine is conducted. The author comes to the conclusion that human rights are the common part that unites public and private law, and therefore their unity is inextricable: the abrogation of private law, as the experience of building communism in Russia showed, inevitably leads to the destruction of human rights, and then to the transformation of public law into a pseudo-legal system.

Organisational aspects of spatial information infrastructure in Poland

2013 ◽  
Vol 62 (1) ◽  
pp. 85-95 ◽  
Author(s):  
Elzbieta Bielecka ◽  
Agnieszka Zwirowicz-Rutkowska
Keyword(s):  
Spatial Information ◽  
Information Infrastructure ◽  
Class Diagram ◽  
Use Case ◽  
Legal Regulations ◽  
Organisational Structure ◽  
Technical Aspects ◽  
Polish Law

Abstract One of the more important elements of spatial information infrastructure is the organisational structure defining the obligations and dependencies between stakeholders that are responsible for the infrastructure. Many SDI practitioners and theoreticians emphasise that its influence on the success or failure of activities undertaken is significantly greater than that of technical aspects. Being aware of the role of the organisational structure in the creating, operating and maintenance of spatial information infrastructure (SII), Polish legislators placed appropriate regulations in the Spatial Information Infrastructure Act, being the transposition of the INSPIRE Directive into Polish Law. The principal spatial information infrastructure stakeholders are discussed in the article and also the scope of cooperation between them. The tasks and relationships between stakeholders are illustrated in UML, in both the use case and the class diagram. Mentioned also are the main problems and obstructions resulting from imprecise legal regulations.

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