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.

Product Liability and the Conflict of Laws

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Legal System ◽  
Product Liability ◽  
Specific Aspect ◽  
Private Law ◽  
General Sense ◽  
Conflict Of Laws ◽  
The Subject ◽  
Specific Sense

The conflict of laws is one of the names given to the subject that deals with the resolution of private law disputes between private law parties where the facts have a connection to more than one legal system. Such situations arise frequently in product liability. For example, a product is assembled in State A using different components manufactured in States B, C, and D. Alternatively, a product is manufactured in State A, placed upon the market in State B, and consumed by the purchaser in State C, causing him injury which requires treatment in State D. In product liability litigation the fact that there are foreign issues means that a lawyer presented with such a case by the claimant must consider additionally three basic and interrelated questions. First, can the desired court hear the case the claimant would present to it? This is the jurisdiction question. If the answer is ‘No’, the claimant’s case will not proceed in that forum but may be able to be presented in another forum. If the answer is ‘Yes’, this means that the rules of jurisdiction may allow the claimant’s case to proceed as desired. The question of jurisdiction has a general and a specific aspect: the court must have the jurisdiction to hear the claim considered both in a general sense and in the specific sense involving the specific parties that the claimant would involve in the litigation he hopes to conduct before it.

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.

Financial Law and the Financial Market (part 2)

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 10-16
Author(s):  
Aleksandr V. Turbanov ◽  
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Legal Regulation ◽  
Private Law ◽  
Public And Private ◽  
The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

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>

scholarly journals The Public and Private Sides of Harmonized Standards:James Elliott Construction v. Irish Asphalt

2018 ◽  
Vol 19 (6) ◽  
pp. 1399-1416
Author(s):  
Pierluigi Cuccuru
Keyword(s):  
Public Law ◽  
Private Law ◽  
Technical Standards ◽  
Public And Private ◽  
The Public ◽  
Legal Provisions ◽  
Technical Specifications ◽  
Points Of View ◽  
Technical Standardization ◽  
The Eu

AbstractInJames Elliott v. Irish Asphalt, the Court of Justice of the Union addresses the interplay between the EU legal order and harmonized standards—i.e. non-binding technical specifications for products drafted by private bodies upon request of the Commission. The judgment offers interesting insights from the public law and the private law points of view. This Article touches upon both aspects. First, it considers that the Court extends its jurisdiction over harmonized standards under Article 267 TFEU, thus paving the way for a deeper intersection between European judiciary and technical standardization. Second, the paper highlights the Court's understanding of the interplay between harmonized standards and national private law. In this latter regard, it is argued that a rigid separation between technical standards and legal provisions might be excessively formalistic considering the use of technical standards in practice.

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 Сomplexity of structure of institute of bank responsibility

2016 ◽  
Vol 4 (3) ◽  
pp. 0-0
Author(s):  
Вера Степанова ◽  
Vera Stepanova
Keyword(s):  
Complex Structure ◽  
Public Law ◽  
Legal Responsibility ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
The Subject ◽  
The Right ◽  
Criminal Legislation ◽  
Credit Institutions

The article is devoted to research of institute of bank responsibility as complex structure which enters both in public, and private law. Bank responsibility as an independent legal design acts as an object of research. Both ad banking laws, and the codified legal acts which also contain regulations on responsibility of credit institutions (banks) are in detail analyzed. Legal comparison of content of standards of ad banking laws and norms on responsibility of credit institutions in the codified legal acts on features of subject and object accessory is carried out, the special attention is paid to bank responsibility in its private-law aspect where not only the legal, but also natural person can be the subject. Examples of standards of the civil legislation which are also related to bank responsibility are given. From the conducted research it is possible to conclude that uniqueness of institute of bank responsibility is that it is on crossing of private and public law. Bank responsibility only partially (public part) is included into institute of financial and legal responsibility while private-law responsibility is regulated also by standards of the civil, administrative and criminal legislation. Article is executed with assistance of RGNF, the project No. 16-33-00017 &#34;Complex interindustry institute of legal responsibility: concept, structure, interrelations and the place in system of the right&#34;.

Interim relief in the public law context

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Nicholas Bamforth
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Private Citizens ◽  
The Subject ◽  
The Individual ◽  
Law Commission

THE remedial aspects of judicial review illustrate in particularly vivid form the divergent nature of public and private law proceedings. The prerogative orders–mandamus, certiorari and prohibition–are available only via judicial review. Leave is required for judicial review but not for private law actions. By contrast with the private law writ procedure, judicial review must be brought promptly and within three months. In judicial review, a remedy can still be denied to the applicant who establishes a substantive case. As the Law Commission made clear in its Report Administrative Law: Judicial Review and Statutory Appeals, “[j]udicial review often involves values and policy interests, which must be balanced against and may transcend the individual interests, which are normally the subject of litigation between private citizens” (Law Com. No. 226, para. 2.1).

scholarly journals La adopción abierta. Medidas para fomentar su implantación

2018 ◽  
pp. 287
Author(s):  
Alberto Serrano Molina
Keyword(s):  
Family Environment ◽  
Legal System ◽  
Family Of Origin ◽  
The Other ◽  
Best Interests ◽  
Open Adoption ◽  
Public And Private ◽  
Autonomous Communities ◽  
Start Up ◽  
The Subject

Han transcurrido más de dos años desde la entrada en vigor de la Ley 26/2015, de 28 de julio, de Protección a la Infancia y a la Adolescencia. Como manifestación del principio del interés superior del menor, las instituciones, tanto públicas como privadas, deben priorizar al adoptar medidas y actuaciones dirigidas a su protección, el que su vida y desarrollo tenga lugar en un entorno familiar adecuado, preferentemente (es decir, siempre que sea posible y positivo para él) en su familia de origen, así como preservar el mantenimiento de las relaciones con ella. La adopción abierta se ha incorporado a nuestro ordenamiento jurídico para contribuir a este propósito. Nuestro legislador pretende que ciertos menores, especialmente los más mayores, alcancen a través de la adopción abierta, una mayor estabilidad familiar y personal y que su adopción presente menos dificultades. El objeto del presente estudio es, de una parte, conocer cuál es la implantación real de esta modalidad de adopción en nuestro país o, quizá debiéramos decir más correctamente, en las distintas Comunidades Autónomas. Ellas son las competentes por razón de la materia para su puesta en marcha. De otra, proponer algunas medidas (relacionadas con los requisitos, el procedimiento de constitución y efectos de la adopción abierta), para impulsar su implantación.More than two years have passed since the entry into force of Law 26/2015, of July 28, on the Protection of Children and Adolescents. As a manifestation of the principle of the best interests of the child, institutions, both public and private, must prioritize that their life and development takes place in a suitable family environment, preferably in his family of origin (if it is possible and positive for him). To this purpose, open adoption has been incorporated into our legal system. Our legislator intends that certain minors, especially the older ones, achieve through greater open adoption, greater family and personal stability. This type of adoption presents fewer difficulties. The object of the present study is, firstly, to know what is the actual implementation of this method of adoption in our country or, perhaps we should say more correctly, in the different Autonomous Communities. They are competent by reason of the subject for their start-up. On the other hand, it proposes some measures (related to the requirements, the constitution procedure and effects of open adoption), to promote its implementation.

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