scholarly journals Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część pierwsza

2020 ◽  
Vol 29 (5) ◽  
pp. 343
Author(s):  
Tomasz Woś

<p>The origins of the modern Polish system of notaries date back to the period of the Polish Second Republic. At the end of World War I, the institution of notaries in Polish lands was heterogeneous. There were three separate notary organizations, which regulated differently the systemic position, tasks and functions of the notary. The rebirth of the Polish State brought the issue of unification of the system of notaries. Works on this ground-breaking task took place for several years and ended with the creation of the Law on Notaries of 27 October 1933. The article is intended to precisely determine the systemic position of the notary under the first Polish Law on Notaries. Article 1 of the Regulation defined notary as a public functionary appointed to draw up acts and documents to which the parties were obliged or wanted to give the public attestation and to carry out other acts as entrusted to him by law. Attempts to define the concept of a public official revealed numerous terminological problems and generated the need to conduct research on the issue of the notary’s position both in terms of scholarly reflection and dogmatic terms. In order to determine the systemic position of the notary, the article presents a detailed analysis of the term “public functionary” used in Article 1 of the Law on Notaries, views of the most eminent representatives of legal science in Poland on this subject and the scope of activities of the notary. The doubts and terminological difficulties identified in the course of these activities led to a deeper analysis of the provisions of Section I of the Law on Notaries, entitled “System of Notaries” (provisions of Chapters I–III) and of the case law. However, the attempt undertaken in the article to clearly define the position of the notary under the first Polish Law on Notaries did not bring a fully satisfactory result. The analysis of the position of the notary in the light of the Law on Notaries of 1933 indicates that there are serious difficulties in defining it precisely, both among the scholars in the field and the judicature. To fully define it, a closer analysis of the provisions of the Law on Notaries concerning the supervision of notaries, disciplinary and compensation liability of notaries, the professional self-government of notaries and the rules of preparation for the profession of notary was necessary. These issues have a significant impact on the final shape of the notary’s position within the legal system. Due to editorial limitations, these issues will be addressed in the second part of this article, along with final conclusions.</p>

1947 ◽  
Vol 41 (1) ◽  
pp. 20-37 ◽  
Author(s):  
George A. Finch

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1


2019 ◽  
Vol 80 ◽  
pp. 119-134
Author(s):  
Michał Gałędek

The purpose of this article is to analyze the ideological basis of concepts that underpinned the establishment of the Codification Commission by virtue of the Act of 3 June 1919 and to assess its position within the system of authorities of the Second Republic of Poland. The author has found that the issues around shaping the relations of the Codification Commission with the Government and the Sejm have been covered in literature of the subject in a one-sided manner. Authors who have devoted their attention to the issue of autonomy of the Codification Commission formulated their evaluations based on the interpretation of the regulations in the drafts of the Act that established the Commission, as well as on their subsequent application that enabled the restriction of this autonomy. They did not, however, sufficiently account for the ideological declarations, thus in fact rejecting the deputies’ assertions of their striving to ensure “complete autonomy and self-sufficiency” of the Codification Commission, and the Government’s affirmations that it did not aim to “subject” the Commission to its control. Meanwhile, the author’s intention is to show that there was a widespread consensus at the time, especially at the Sejm, which sovereignly decided on the wording of the Act on the Codification Commission, that deputies had adopted a law that sufficiently protected the autonomous status of the Commission and its apolitical nature.


2020 ◽  
Vol 147 (4) ◽  
pp. 745-759
Author(s):  
Lech Krzyżanowski

The judiciary system in the Second Republic of Poland (1917–1939): Organisational assumptions, structures, functioning The standardisation of legal provisions regulating the functioning of the judiciary system was one of the key challenges faced by the Second Republic of Poland at the dawn of its independence. The law that had been created by the partitioners was still used in the first years of interwar Poland. A regulation uniform for the whole country: the Law on Common Courts Organisation, had not entered into force until 1929. Under that regulation, women could enter the profession of judge for the first time in the country’s history. This must be recognized as one of the greatest achievements of interwar Poland, whereas one of its significant failures were the low salaries that hindered the functioning of the courts. Judges had protested against that throughout the interwar period, but they did not manage to gain any considerable pay increase. The 1930s also saw a dispute over judicial independence. The adherents of Józef Piłsudski, who ruled Poland at the time, tried to gain control over the judiciary system, which was perceived by the majority of judges as an attempt to limit their rights. Despite those turbulences, the assessment of actions taken in regard to the judiciary system in the interwar period should be positive. The functioning of the courts achieved a definitely higher level compared to the time before World War I.


2021 ◽  
pp. 161189442199268
Author(s):  
Friederike Kind-Kovács

World War I and its aftermath produced a particularly vulnerable group of child victims: war orphans. This group included children whose fathers had fallen in battle, who had disappeared, or who had not (yet) returned home. Most of Europe’s war and postwar societies witnessed the massive presence of these child victims, and responded in various ways to rescue them and secure their future survival. This article offers an exploration of the ways in which the Hungarian part of the Austro-Hungarian monarchy, and then later the post-imperial Hungarian state, became invested in providing care and relief to Hungarian war orphans. In contrast to other groups of child victims, whose parents were blamed for neglecting their parental duties, war orphans as the offspring of ‘war heroes’ profited from the public appreciation of their fathers’ sacrifice for the war effort and the Hungarian nation. The public discourse in the contemporary Hungarian media offers a glimpse into the emergence of a new public visibility of these child victims and of a new recognition of the societal obligation to care for them. Exploring World War I and its aftermath as a telling example of political transformation in the 20th century, the article showcases how war orphans were taken to personify essential notions of war- and postwar destruction, while also capturing visions of postwar recovery. It furthermore examines how welfare discourses and relief practices for Hungary’s war orphans were embedded in contemporary gender norms, notions of proper Christian morality and ethnic nationalism. On this basis, the article assesses the ways in which the case of Hungary’s war orphans not only mirrors the professionalization but also the fundamental transformation of child welfare in the aftermath of World War I.


2015 ◽  
Vol 39 (1) ◽  
pp. E5
Author(s):  
Prateeka Koul ◽  
Christine Mau ◽  
Victor M. Sabourin ◽  
Chirag D. Gandhi ◽  
Charles J. Prestigiacomo

World War I advanced the development of aviation from the concept of flight to the use of aircraft on the battlefield. Fighter planes advanced technologically as the war progressed. Fighter pilot aces Francesco Baracca and Manfred von Richthofen (the Red Baron) were two of the most famous pilots of this time period. These courageous fighter aces skillfully maneuvered their SPAD and Albatros planes, respectively, while battling enemies and scoring aerial victories that contributed to the course of the war. The media thrilled the public with their depictions of the heroic feats of fighter pilots such as Baracca and the Red Baron. Despite their aerial prowess, both pilots would eventually be shot down in combat. Although the accounts of their deaths are debated, it is undeniable that both were victims of traumatic head injury.


2009 ◽  
Vol 39 (3) ◽  
pp. 290-304 ◽  
Author(s):  
Ofer Ashkenazi

Prison cells constituted a unique sphere in post-World War I German films. Unlike most of the modern city spheres, it was a realm in which the private and the public often merged, and in which reality and fantasy incessantly intertwined. This article analyses the ways in which filmmakers of the Weimar Republic envisaged the experience within the prison, focusing on its frequent association with fantasies and hallucinations. Through the analysis of often-neglected films from the period, I argue that this portrayal of the prison enabled Weimar filmmakers to engage in public criticism against the conservative, inefficient and prejudiced institutions of law and order in Germany. Since German laws forbade direct defamation of these institutions, filmmakers such as Joe May, Wilhelm Dietherle and Georg C. Klaren employed the symbolism of the prisoner’s fantasy to propagate the urgent need for thorough reform. Thus this article suggests that Weimar cinema, contrary to common notions, was not dominated by either escapism or extremist, anti-liberal worldviews. Instead, the prison films examined in this article are in fact structured as a warning against the decline of liberal bourgeois society in the German urban centres of the late 1920s.


PEDIATRICS ◽  
1955 ◽  
Vol 15 (4) ◽  
pp. 479-487
Author(s):  
John A. Askin ◽  
Kurt Glaser

IN SPITE of a short period of sovereignty— less than 7 years—the State of Israel is playing an important role in matters pertaining not only to the Middle East but, in some respects, in matters of importance to the whole world. In medicine the advances in Israel have been no less striking than the progress made in other fields. It is felt that the pediatricians of our country might be interested to learn about Israel's medical status, particularly pertaining to pediatrics. Palestine, of which the present Israel is a part, was in Old Testament times known as Canaan or Philistia because of the tribes which lived there. Palestine was the home of the Jewish people from the time Joshua conquered the land, about 1400 B.C., until the Romans destroyed the Jewish State in the year 70 A.D. Around 630 A.D. the country came under Moslem power. From 1516 to the end of World War I Palestine was a part of the Turkish Empire. In 1917, the British Government issued the famous Balfour Declaration which promised the Jews of the world that they could build a national homeland in Palestine. The League of Nations made the land a British mandate in 1920. From then until World War II Palestine was at several occasions plunged into violent civil war between the Jews and the Arabs. After World War II in 1947 Great Britain announced a decision to give up the Mandate.


2021 ◽  
Vol 10 (2) ◽  
pp. 357-381
Author(s):  
Michael Zok

On October 22, 2020, the long-term dispute about reproductive rights in Polish society had a comeback. The Constitutional Tribunal declared the embryo-pathological indication of abortions guaranteed by the law of 1993 to be unconstitutional. The tribunal’s ruling was met with widespread protests, as it effectively forbade almost all reasons for terminations of pregnancies. While members of the Church’s hierarchy and pro-life activists celebrated, politicians began once again to discuss the law, and different suggestions were made (including a draft law similar to laws in effect in other European countries like Germany, and a law which would allow the termination of a pregnancy if the fetus were likely to die, or a law forbidding them in the case that the fetus had been diagnosed as having down’s syndrome). The debates are hardly new to Polish society and history. On the contrary, they date back to the recreation of the Polish state after World War I. This article concentrates on the developments in the Communist People’s Republic that led to the legislation of 1993, which is commonly referred to as a “compromise.” It focuses on the main actors in this dispute and the policymakers and their arguments. It also contextualizes these discursive strategies in a long-term perspective and highlights continuities and ruptures.


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