Notarialna jurysdykcja prewencyjna. Sprzeczność z prawem jako kryterium odmowy dokonania czynności notarialnej

2017 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Justyna Holocher
Keyword(s):  
Subject Matter ◽  
Public Trust ◽  
Third Parties ◽  
Community Life ◽  
Statutory Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
The Concept Of Law ◽  
Polish Law

The subject matter of the article is notarial preventive jurisdiction and its rules provided in the Polish law, with an emphasis laid on refusal of performing a notarial transaction, pursuant to Art. 81 of the Law on Institution of Notary Public and Notarial Services. The issue under analysis boils down to answering the question whether the prerequisite for refusing a notarial transaction in the form of ‘contradiction with the law’ covers only the statutory law or also the principles of community life. According to the essential thesis of the article, the systemic and functional reasons advocate taking a stand on having the concept of law limited exclusively to a statute. A Notary Public, for being a person of public trust, is to be a guardian of the legitimacy of a notarial act conceived not only as a conflict with the statutory law, but also with the axiology resulting from other normative systems, including principles of community life. The objective of notarial preventive jurisdiction is to make institutional and procedural frameworks for legal entities which make declarations, which should, in turn, secure the safety of legal transactions, including protection of parties of legal transactions, the efficiency of execution of their rights, as well as that of the rights of third parties and the State. It means that in the course of a ‘notarial procedure’, the Notary Public is obliged not only to apply simply the statutory rules, but also to investigate and to examine the circumstances which might imply the illegitimacy of a notarial action due to a conflict with the law or with the principles of community life.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

Letter to the Editor

2002 ◽  
Vol 17 (4) ◽  
pp. 192-192
Author(s):  
Ian Winspur
Keyword(s):  
Subject Matter ◽  
Performing Arts ◽  
Scientific Evidence ◽  
Performing Arts Medicine ◽  
Letter To The Editor ◽  
The World ◽  
The Subject ◽  
The Law

I enjoyed Alice Brandfonbrener’s editorial “But I Didn’t Ask to Be a Lawyer” in the June 2002 issue of MPPA [MPPA 2002;17(2):57]. I understand and sympathize with her. Many physicians who, like her, are involved in these cases for altruistic reasons rather than pure commercial—-and I believe that this is more common in the world of performing arts medicine—-must find themselves in the same predicament. However, in the words of an eminent English lawyer, who qualified and practiced as a gynecologist before turning to the law, when considering medical and scientific evidence (or in many cases, including performers, non-scientific evidence!): “However scientific the subject matter of the claim and however recondite the evidence and the argument, the legal definitions must apply in a Court of Law; the problem for the lawyer is in making the scientist understand a totally different concept of proof required by the court.” Therefore physicians involved, whether altruistic or not, must understand the basis of these claims.

Does the Name of a Case Matter?

2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Fishing Vessel ◽  
International Commerce ◽  
Arbitral Award ◽  
The Subject ◽  
The Law ◽  
A Company

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

Constitutional and Administrative Law

2020 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Writing Style ◽  
The Subject ◽  
Self Test ◽  
The Law

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This eleventh edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

The Invention and Plant Variety

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Individual Subject ◽  
Plant Variety ◽  
Essential Properties ◽  
The Subject ◽  
The Law ◽  
The Relationship

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

Capacity to Contract

2021 ◽  
pp. 27-38
Author(s):  
Bruce W. Frier
Keyword(s):  
Young Adults ◽  
Subject Matter ◽  
Contract Law ◽  
Limited Capacity ◽  
The Subject ◽  
The Law

This brief chapter gives an overview of the diminished contractual capacity of some Romans: children, the insane, young adults, and women. The law is intended to protect them, but also those with whom they make contracts, some of whom may be unaware of their partners’ limited capacity. The role of guardians in authorizing transactions is emphasized. The material in this chapter is introductory, for students who have not previously studied the law of status; this law has important effects on the overall structure of Roman contract law. The subject matter is partially taken up again in Part A of Chapter VII, where the ability to acquire rights and duties through one’s dependents is examined.

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