scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

scholarly journals On the Possibility of Acquisitive Prescription by the State of Real Properties Unlawfully Seized under the Provisions of the 1944 Agrarian Reform Decree

2021 ◽  
Vol 30 (4) ◽  
pp. 143
Author(s):  
Piotr Fiedorczyk ◽  
Anna Stawarska-Rippel
Keyword(s):  
Agrarian Reform ◽  
The State ◽  
Article 9 ◽  
Real Socialism ◽  
The Subject ◽  
The Common

<p>The subject of this paper are those factual states that occurred on the basis of the agrarian reform decree and concerned the unlawful seizure by the State of palace-park complexes. It was only after the collapse of real socialism in 1989 that the owners or their legal successors obtained an annulment of the decision to seize the property. However, this was, and is, only the beginning of the struggle, as the State Treasury or its legal successors are claiming before the common courts the acquisitive prescription of the property being the subject to the recovery claim. The divergence of at least 20 years in jurisprudence as to the date of commencement of the period required for acquisitive prescription (1980–1991) is an undesirable phenomenon, requiring the adoption of a coherent approach of the courts. Consequently, the authors of this text represent the view that the period of validity of both the Agrarian Reform Decree and the subsequent legal acts, with particular emphasis on the period of validity of the Decree of 1945 (Journal of Laws no. 28, item 321) and then Article 9 (16) of the Act of 1958 excluded the course of the acquisitive prescription in favour of the State Treasury of the agricultural and forestry properties unlawfully seized by the State. This period lasted until 31 December 1991, i.e. until the final date when Article 9 (16) was in force.</p>

1. Foundations and structure of international law

2021 ◽  
pp. 1-19
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

Specific Performance with Compensation as a Purchaser's Remedy—A Study in Contract and Equity

1981 ◽  
Vol 40 (1) ◽  
pp. 47-82
Author(s):  
Charles Harpum
Keyword(s):  
Present Article ◽  
The State ◽  
Specific Performance ◽  
The Subject ◽  
Academic Discussion

The circumstances in which a party to a contract for the sale of land may recover damages have been the subject of considerable judicial and academic discussion recently. That discussion has focused on those situations in which the contract has been terminated for breach. The purpose of the present article is to consider the position where the purchaser either wishes or is obliged to keep the contract on foot notwithstanding the breach by the vendor. There are at least three possible situations:(1) Where the vendor misdescribes the property in the particulars of sale. That misdescription may take one of two forms. The vendor may either misdescribe the extent of the land (for example, he agrees to sell twenty acres when he has only fifteen) or the state of his title (for example, he contracts to sell as freeholder when the property is in fact leasehold). A purchaser may terminate the contract if the misdescription is substantial even if there is a conditien of sale which states that the contract will not be vitiated by reason of, or that compensation will be payable in the event of any misdescription.

scholarly journals ATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 168-174
Author(s):  
Débora Aparecida Mafra Moras ◽  
Danielle Yurie Moura da Silva
Keyword(s):  
Legal System ◽  
Human Action ◽  
The State ◽  
Penal Code ◽  
Scientific Article ◽  
Concrete Case ◽  
Self Defense ◽  
The Subject ◽  
The Right ◽  
Apparent Conflict

t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionary cause of illegality. And, in this sense, the State that is not able to be present at all times guarantees the victim the right to evade or even defend himself from aggression. However, some situations may characterize an apparent conflict of norms, making it difficult to frame the correct institute in fact. One such case is the dog attack, making the subject a state of necessity and legitimate self- defense essential. The method applied was the legal deductive, based on the interpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of an irrational animal can be characterized as a state of necessity or self- defense, which will depend on the recognition of human action or not, an analysis that should be carried out in the concrete case

scholarly journals Foreign overriding mandatory provisions under the regulation (EC) No 593/2008 (Rome I Regulation). Judgment of the European Court of Justice of 18 october 2016, case c-135/15 = Leyes de policía de terceros estados en el ámbito del reglamento (CE) No 593/2008 (Reglamento Roma I). Comentario a la STJUE de 18 de octubre de 2016, asunto c-135/15

2018 ◽  
Vol 10 (2) ◽  
pp. 873
Author(s):  
Alexander Kronenberg
Keyword(s):  
Case Note ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Article 9 ◽  
European Court ◽  
Long Time ◽  
Substantive Law ◽  
Rome I ◽  
Conflict Of Law

 Abstract: The role and treatment of foreign overriding mandatory provisions in international con­tract law have been subject to academic discussions for a long time. This has not changed with the introduction of Article 9 of the Rome I Regulation. In the judgment discussed in this case note, the Eu­ropean Court of Justice addressed some of the contentious issues in relation to Article 9(3) of the Rome I Regulation. This note examines and evaluates the solutions found by the ECJ and puts them into context. It also points out some questions the ECJ did not discuss; these questions remain open for now but will need to be addressed in the future.Keywords: Article 9(3) Rome I Regulation, foreign overriding mandatory provisions, conflict-of-law level consideration, substantive law level consideration, principle of sincere cooperation.Resumen: El tratamiento de las leyes de policía de terceros estados en derecho de contratos inter­nacionales ha sido objeto de la polémica desde hace tiempo. Esto no ha cambiado con la entrada en vigor del artículo 9 del Reglamento Roma I. Con la sentencia comentada el Tribunal de Justicia de la Unión Europea ha tratado algunas de la cuestiones debatidas respecto al artículo 9.3 del Reglamento Roma I. Este comentario analiza, evalúa y pone en contexto las soluciones encontradas por el TJUE. También aborda las cuestiones que no han sido comentadas por el TJUE; estas cuestiones permanecen abiertas por el momento pero deberán ser examinadas en el futuro.Palabras clave: leyes de policía de terceros estados, consideración en nivel conflictual, considera­ción en nivel sustantivo, principio de cooperación leal.

scholarly journals Heraldry in the Republic of Macedonia (1991-2019)

2021 ◽  
Author(s):  
Jovan Jonovski
Keyword(s):  
Legal System ◽  
The State ◽  
Name Change ◽  
Republic Of Macedonia ◽  
The Subject ◽  
The Republic ◽  
The Given ◽  
Coats Of Arms

Every country has some specific heraldry. In this paper, we will consider heraldry in the Republic of Macedonia, understood by the multitude of coats of arms, and armorial knowledge and art. The paper covers the period from independence until the name change (1991-2019). It covers the state coat of arms of the Republic of Macedonia especially the 2009 change. Special attention is given to the development of the municipal heraldry, including the legal system covering the subject. Also personal heraldry developed in 21 century is considered. The paper covers the development of heraldry and the heraldic thought in the given period, including the role of the Macedonian Heraldic Society and its journal Macedonian Herald in development of theoretic and practical heraldry, as well as its Register of arms and the Macedonian Civic Heraldic System.

The Land and Petroleum Laws of Mexico

1928 ◽  
Vol 22 (1) ◽  
pp. 50-69
Author(s):  
John P. Bullington
Keyword(s):  
Legal System ◽  
The State ◽  
Roman Law ◽  
Considerable Evidence ◽  
The Earth ◽  
Legal Nature ◽  
The Subject

The legal nature of property in mines has been the subject of much discussion, and varies, not only with the different systems of law, but also in different countries accepting the same legal system. In Roman law, the owner of the soil was theoretically considered to own all beneath the surface to the center of the earth, and all above it to the heavens, though there is considerable evidence that at one period of the Roman law the property in mines was separate from that of the surface. It is fairly certain, too, that the State was deemed to have an interest in mines and entitled to a portion of the profits.

scholarly journals Ustawa o dokumentach publicznych i jej rola w zapobieganiu fałszerstwom dokumentów

2020 ◽  
Vol 29 (4) ◽  
pp. 85
Author(s):  
Mieczysław Goc ◽  
Dorota Semków
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Scientific Community ◽  
Legal Regulation ◽  
The State ◽  
Legal Relationship ◽  
Document Security ◽  
Positive Assessment ◽  
The Subject ◽  
Almost All

<p>Forgeries of documents concern almost all types – from ID cards, passports, to money marks and securities. This procedure is a serious threat to proper legal transactions. Security of legal transactions means the need to ensure the credibility of documents by caring for trust in the document as a formal way of ascertaining the law, legal relationship or circumstances that may have legal significance. For this reason, the document benefits from protection in many areas. There are nearly 400 legal acts in the legal system in force in Poland, the subject of which are documents. Representatives of the scientific community, lawyers and experts in the field of document research, however, have for years emphasized the need for a legal act to legally organize the issues of documents. The Act of 22 November 2018 on Public Documents, therefore, constitutes a long-awaited legal regulation and thus is an important element in the process of preventing crimes against the credibility of documents, filling the organizational and legal gap in the broadly understood issue of public documents. The Act had to be a form of coherent, comprehensive legal regulation that would be used in both administrative, civil and criminal law. Its solutions should be considered as correct and necessary in creating a system of public document security. The implementation of the provisions of the Act on Public Documents gives hope for comprehensive regulation of the indicated issues. Both from the perspective of securing the interests of the state and its citizens, the Act deserves a positive assessment of its provisions.</p>

4. States as the Primary Subjects of International Law

2020 ◽  
pp. 79-91
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Aspects ◽  
The State ◽  
Legal Rules ◽  
State Action ◽  
Spatial Dimensions ◽  
International Legal System ◽  
The Many

This chapter focuses on the State as the primary subject of international law. It begins with a discussion of the continuing pre-eminence of States as pivotal subjects of the international legal system and then analyses the processes through which States are created; the role of recognition of States, particularly in the context of contested Statehood; the legal rules governing the continuity, succession, and extinction of States; and the evolving concept of sovereignty, which is a notion at the very core of what a State is. The chapter is intended to introduce the main legal aspects of ‘Statehood’, as a first step in the discussion of more advanced concepts in subsequent chapters, such as the State’s spatial dimensions, its immunities and those of State officials, and the many limitations imposed by international law on State action.

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