scholarly journals Dopuszczalność i charakter prawny instytucji prokury łącznej niewłaściwej w świetle nowelizacji kodeksu cywilnego z dnia 16 grudnia 2016 r.

2017 ◽  
Vol 21 ◽  
pp. 131-141
Author(s):  
Anna Grzywacz
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Power Of Attorney ◽  
The Past ◽  
Legal Nature ◽  
The Supreme Court ◽  
A Company ◽  
The Way

Admissibility and the legal nature of inappropriate joint procuration in the light of the amendment of the Civil Code of 16 December 2016This article describes the institution of the power of attorney in a company and the changes in the way of representation of the company introduced by the amendment of the Civil Code of 16 December 2016. In the light of the latest regulations, the construction of the inappropriate joint procuration has become admissible. The author presents the most important rulings of the Supreme Court and analyzes the consequences of this change. Determining how a company should be represented is fundamental to businessman and has arisen lots of controversies in the past years.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

Shouldn't Dead Be Dead?: The Search for a Uniform Definition of Death

2017 ◽  
Vol 45 (1) ◽  
pp. 112-128 ◽  
Author(s):  
Ariane Lewis ◽  
Katherine Cahn-Fuller ◽  
Arthur Caplan
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Definition Of Death ◽  
The Past ◽  
The Supreme Court ◽  
Uniform Definition ◽  
Definition Of ◽  
Death By Neurologic Criteria ◽  
The Way

In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

scholarly journals The Impact of the Voting Rights Act on American Political Parties

1994 ◽  
Vol 14 ◽  
pp. 565-575
Author(s):  
Howard A. Scarrow
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Voting Rights ◽  
Voting Rights Act ◽  
Legal Standards ◽  
The Past ◽  
The Supreme Court ◽  
The Impact

The weakening of American political parties has been a theme featured in the writings of political scientists for the past several decades. This essay is addressed to developments which may further that decline-developments which have undermined the very purpose which American political parties are said to serve. I refer to legal standards which were established by the Supreme Court in 1964, and which have since been expanded by the Court and then incorporated into the Voting Rights Act of 1965 and its amendment in 1982.

scholarly journals The Contractual Interpretation of Tipping J

2016 ◽  
Vol 47 (2) ◽  
pp. 227
Author(s):  
Matthew Barber
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
The Supreme Court ◽  
Comprehensive Examination ◽  
The Future ◽  
Lower Courts ◽  
The Way

In the Supreme Court decision of Vector Gas Ltd v Bay of Plenty Energy Ltd, Tipping J put forward an approach to contact interpretation that, while indebted to that of Lord Hoffmann, was expressed differently and promoted the use of evidence of prior negotiations. Despite not gaining the support of any of the other sitting judges, this approach was swiftly taken up in the lower courts and, until recently at least, seems to have been accepted as representing New Zealand law. This article attempts a comprehensive examination of Tipping J’s approach. It concludes that, while coherent in principle, the detail of the approach is flawed in a number of ways, especially the way in which evidence of subsequent conduct is assumed to work. The future of Tipping J’s approach is considered.

scholarly journals Las sentencias exhortativas de la Corte Suprema de Justicia de la Nación a la luz del derecho de ejecución de sentencias. /

2021 ◽  
pp. 105-119
Author(s):  
Cynthia Belén Contreras
Keyword(s):  
Supreme Court ◽  
Fundamental Rights ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Complex Cases ◽  
Sobre Todo ◽  
The Way

Las sentencias exhortativas de la Corte Suprema de Justicia de la Nación son un instituto jurídico de reciente y novedosa aparición en nuestro sistema argentino de derecho. Entre los años 2005 a 2012, la Corte Argentina, llegó el punto más álgido en lo que respecta a la producción y dictado de este tipo de sentencias atípicas, sobre todo en casos complejos y de transcendencia pública e institucional que involucraban a su vez derechos fundamentales. Nuestro país, está dando los primeros pasos en lo que respecta al dictado de sentencias exhortativas y en el camino se ha topado con algunos obstáculos al momento de la ejecución de sentencia. Este trabajo propone la identiicación y descripción de dichas dificultades con las que deben lidiar los operadores jurídicos, víctimas y actores a los fines de hacer realidad los derechos declarados en las sentencias exhortativas de la Corte.Abstract The exhortative sentences of the Supreme Court of Justice are a legal institute of recent and novel appearance in our Argentine system of law. From 2005 to 2012, the Argentine Supreme Court reached to the highest point with regard to the production and delivery of this type of atypical sentences, especially in complex cases of public and institutional transcendence which involved fundamental rights. Our country is taking the irst steps regarding the issuance of exhortative sentences and along the way it appears some obstacles at the time of the execution of the sentences. his work proposes the identiication and description of the diiculties with which legal operators, victims and actors must deal with in order to make the rights declared in the Court's exhortative judgments a reality.

scholarly journals A Choice among Values: Theoretical and Historical Perspectives on the Defence of Necessity

1969 ◽  
pp. 848 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Historical Perspectives ◽  
Theoretical Approaches ◽  
A Value ◽  
Canadian Law ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
The Way

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a robust defence of necessity, which would acknowledge that, in some circumstances, pursuit of a value of greater worth than the value of adherence to the law can be justified.

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