Przywilej dla kredytobiorców w postaci tzw. Wakacji kredytowych w okresie pandemii koronawirusa (COVID-19) – wybrane zagadnienia

2021 ◽  
pp. 267-283
Author(s):  
Piotr Niczyporuk
Keyword(s):  
Legal System ◽  
Banking System ◽  
Legal Regulations ◽  
Legal Institution

The “Credit Holidays ”is quite an interesting institution that has been regulated by law. In the period of the spread of the COVID-19 pandemic, bearing in mind the difficulties in repaying liabilities to banks, initially on the part of the Polish Bank Association and the banks themselves, there were proposals to postpone repayment of principal and interest instalments or principal instalments. In this way, “non-statutory credit holidays” were created, and it was up to the lender and the borrower to specify the necessary contractual changes. As part of the so-called “anti-crisis shields” have been introduced into the legal system. First, the interference of the legislator provides for the possibility of postponing the repayment of credit obligations to entrepreneurs. These regulations introduced the possibility, not the obligation, of applying the “credit holidays” to the bank’s customer. However, it was an effective and desired instrument to help entrepreneurs. Under the so-called “Anti-crisis Shield 4.0”, obligatory “statutory credit holidays” aimed at consumers were introduced. The adopted legal regulations indeed cause some interpretation problems, but undoubtedly this legal institution will be a permanent element of the Polish banking system.

scholarly journals PROPER APPLICATION OF THE PROVISIONS ON SUPERVISION AND THE PROBATION OFFICER IN THE EXECUTIVE PENAL CODE (ARTICLE 55 § 2ND SENTENCE 2 OF THE E.P.C.)

Probacja ◽  
2021 ◽  
Vol 3 ◽  
pp. 45-60
Author(s):  
Krzysztof Stasiak
Keyword(s):  
Legal System ◽  
Probation Officer ◽  
Penal Code ◽  
Legal Regulations ◽  
Legal Institution

In the Executive Penal Code (e.p.c.), in two places (art. 55 § 2 sentence 2 e.p.c. and art. 43d § 3 sentence 2 e.p.c.), the phrase "the regulations on supervision and guardianship apply accordingly" is used. It is a type of reference which is quite often used in legislative technique. Thanks to its use, it is possible to avoid repeating in a legal act the content that has already been applied to another situation. This allows the legal act to be more coherent, but sometimes there are problems of interpretation during the application of this standard. This is due to the fact that the rules that we are supposed to apply properly have been laid down for another legal institution and it can be very difficult to apply them to another situation. This article is devoted to the analysis of art. 55 § 2 sentence 2 e.p.c. It was made on the basis of legal regulations and available literature. Its aim was to try to decode the norm contained herein and determine the manner of its application. In this study, it has been pointed out that the above mentioned article was originally connected with the execution of custody sentenced to the penalty of restriction of liberty. However, due to the removal from the legal system of the possibility of using this type of supervision, at present, art. 55 § 2 sentence 2 e.p.c. should be used for the activities of a court superintendent related to organising and controlling the performance by the sentenced person (sentenced) of obligations imposed in addition to the penalty of restriction of liberty.

Text trajectories, legal discourse and gendered inequalities

2012 ◽  
Vol 3 (1) ◽  
pp. 47-73 ◽  
Author(s):  
Susan Ehrlich,
Keyword(s):  
Social Media ◽  
Critical Discourse Analysis ◽  
Conversation Analysis ◽  
Legal System ◽  
Salient Feature ◽  
Critical Discourse ◽  
Legal Institution ◽  
Legal Case ◽  
Fertile Ground ◽  
Rape Trial

AbstractFollowing Blommaert (2005), this paper examines what he calls a ‘forgotten’ context within Critical Discourse Analysis (CDA) and Conversation Analysis (CA) – that of text trajectories. For Blommaert, a limitation of both CDA and CA is their focus on “the unique, one-time” instance of a given text and, by extension, the (limited) context associated with such an instance of text. Such a focus, according to Blommaert, ignores a salient feature of communication in contemporary societies – the fact that texts and discourses move around, are repeatedly recontextualized in new interpretive spaces, and in the process undergo significant transformations in meaning. The text trajectory investigated in this paper begins in a legal institution, more specifically, with a 2004 American rape trial, Maouloud Baby v. the State of Maryland. This legal case garnered much media attention and, as a result of such exposure, references to the case have appeared in both mainstream and social media outlets. Hence, as a ‘text’ that has displayed considerable movement across different contexts within the legal system and, subsequently, beyond the legal system to mainstream and popular forms of media, the Maouloud Baby trial constitutes fertile ground for the exploration of a text's trajectory. Indeed, in keeping with Blommaert's claims, I show how this trial's ‘text’ undergoes significant transformations in meaning as it is recontextualized in different kinds of interpretive spaces (both within the legal system and outside of it) and how these transformations in meaning reproduce larger patterns of gendered inequalities.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals The Promotion and Protection Human Rights under Vietnam’s Civil Law

2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regulations ◽  
International Human Rights ◽  
The Past ◽  
Research Findings ◽  
International Human ◽  
Social Domains

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.

scholarly journals Trust and Patrimony

2014 ◽  
Vol 38 (2) ◽  
pp. 379-403 ◽  
Author(s):  
Lionel D. Smith
Keyword(s):  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Legal Person ◽  
Fundamental Change ◽  
Legal Institution ◽  
Personal Rights ◽  
The Common ◽  
Trust Property

The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.

scholarly journals Arbitration Rules in Turkish Legal System

2013 ◽  
Author(s):  
Ahmet Tuncay
Keyword(s):  
Free Will ◽  
Legal System ◽  
International Agreements ◽  
Legal Regulations ◽  
Legal Systems ◽  
International Arbitration ◽  
International Commerce ◽  
International Companies

International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking notice of the international arbitration rules. Under the title of this, Turkish legal system of the arbitration rules will be researched in details.

scholarly journals The Development of the Russian Legal System after the “Accession” of the Republic of Crimea to the Russian Federation

2017 ◽  
Vol 7 ◽  
pp. 175-197
Author(s):  
Natalia Cwicinskaja
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Transition Period ◽  
Legal Regulations ◽  
Federal Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Republic

On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.

scholarly journals “Penal taxes” in the Russian legal system

2020 ◽  
pp. 121-128
Author(s):  
Zh. G. Popkova
Keyword(s):  
Legal System ◽  
Regulatory Framework ◽  
Legal Institution

Provides information on the foreign legal institution of penal taxes. It is concluded that in the domestic regulatory framework, under certain conditions, there is also essentially a fiscal taxation, that is, it does not meet the requirement of economic soundness of taxes and involves increased taxation of certain activities (property).

scholarly journals International Real Estate Review

2020 ◽  
Vol 23 (1) ◽  
pp. 137-149
Author(s):  
Aleksandra Sikorska-Lewandowska ◽  
Keyword(s):  
Real Estate ◽  
Legal System ◽  
Legal Status ◽  
Property Right ◽  
Legal Capacity ◽  
Legal Regulations ◽  
Legal Doctrine ◽  
Legal Personality ◽  
Housing Cooperatives ◽  
Legal Character

The number of housing communities in Poland is on the rise as they have a property right known as "separate ownership of the premises". Housing communities are now an important alternative to the still popular housing cooperatives. Housing cooperatives have many legal orders, and their legal status varies. Polish housing communities do not have legal personality, which raises questions about their legal status. The author of this article explains about the legal regulations around housing communities, analyses the contents of the Polish legal doctrine, and reviews important judgments regarding the legal character of housing communities. In conclusion, the author recognizes Polish housing communities as "defective legal persons", i.e., they are subject to rights that are independent of those of the owners of premises and therefore have legal capacity. In this respect, the Polish model bears similarity to the model adopted in the German legal system.

scholarly journals Fundamental Legal Bases of the Administrative Contract: A Legal Institution in Cuba and Mexico

2020 ◽  
pp. 969-974
Author(s):  
Salvador Santiago Villalobos González
Keyword(s):  
Legal System ◽  
Strong Influence ◽  
System Development ◽  
Legal Institution ◽  
Administrative Contract ◽  
Administrative Management ◽  
Similarities And Differences ◽  
Management Contract

This article aims to find the foundations of the administrative contract. lts similarities and differences, where it would be an institution of similar functions, in essence, pursuing the same goals. Specifically, it discusses the bases of the administrative management contract in Cuba and Mexico, taking into account both countries have initiated the process of the legal system development in the same way, however, at present, the administrative contract in each country is lead differently. The study shows that the administrative contract in Cuba is considered to be derived from the Spanish colony, while, in the Mexican law, there is a greater deepening and study of the French classic doctrine. However, in both cases, there is a strong influence of tradition brought by the colonization.

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