LEGAL STATUS OF ENTERPRISE IN SUCCESSION IN POLISH LAW IN THE GENERAL PERSPECTIVE OF THE NEED OF UNIFICATION OF THE REGULATION OF LEGAL STATUS OF LEGAL INSTITUTIONS NAMED IN AN IDENTICAL MANNER IN INDIVIDUAL BRANCHES OF LAW

2019 ◽  
Author(s):  
Grzegorz Kozieł
Keyword(s):  
Legal Status ◽  
Legal Institutions ◽  
Identical Manner ◽  
Polish Law ◽  
General Perspective

ALTERNATIVE FORMS OF DISPUTE RESOLUTION TO COURT PROCEEDINGS. GENERAL COMMENTS ON NEGOTIATIONS AND MEDIATION IN POLISH LAW

2020 ◽  
Vol 4 (XX) ◽  
pp. 225-234
Author(s):  
Katarzyna Zadora
Keyword(s):  
Dispute Resolution ◽  
Legal Status ◽  
Civil Procedure ◽  
Civil Code ◽  
Alternative Form ◽  
Legal Institutions ◽  
Historical Outline ◽  
Court Proceedings ◽  
Polish Law ◽  
The Way

In my article I described the general assumptions of two legal institutions, i.e. negotiation and mediation as an alternative form of dispute resolution to court proceedings. Negotiations were characterized in the current legal status with a brief historical outline. I have indicated the scope of matters in which negotiations can be used as one of the ways of concluding an agreement that are binding in the Civil Code. At the same time, I drew attention to frequent mistakes made during negotiations, which result in the transfer of a dispute to court. In turn, mediation was described on the basis of civil procedure regulations. I described the way of conducting out-of-court and court mediation. I listed the types of cases in which we can use this institution and those in which mediation has been excluded from the Act.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

Tajność głosowania w prawie wyborczym wybranych państw Europy Środkowej

2019 ◽  
Vol 76 ◽  
pp. 171-198
Author(s):  
Maciej Gorazdowski
Keyword(s):  
Legal Status ◽  
Legal Doctrine ◽  
Technical Aspects ◽  
Secret Ballot ◽  
Proxy Voting ◽  
Station Mobile ◽  
International Regulations ◽  
Voting Methods ◽  
Polish Law

The article describes Polish, Czech and Lithuanian regulations on secret ballot, with a particular emphasis on the functionality and technical aspects of its execution. The two main methods of voting subjected to research are voting at polling station and postal voting, with some references to other alternative voting methods (proxy voting, mobile polling station, mobile ballot box) as well. Statutory provisions are at some point confronted with the views of legal doctrine and international regulations on the matter. Appearing across the whole work are considerations on the legal status of the secret ballot rule for individuals, whether it is an obligation or a right. The part devoted to Polish law also contains a commentary on changes to Polish Electoral Code in force from years 2016–2018.

scholarly journals Pozbawienie wolności w celu zbadania stanu psychicznego w prawie polskim

2020 ◽  
Vol 55 ◽  
pp. 11-20
Author(s):  
Teresa Gardocka
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
The State ◽  
Legal Institutions ◽  
Main Subject ◽  
The Subject ◽  
Polish Law

The subject of these considerations is the deprivation of freedom ordered to diag-nose the state of an individual’s/person’s mental health. Polish law provides for such a diagnostic deprivation of freedom in the event of a suspected offense with a simultaneous doubt as to the person’s sanity at the time of the committing the act (Code of Criminal Procedure), doubt as to mental illness beings a cause of behavior threatening one’s own life or health, or the lives of others (Act on the Protection of Mental Health) and the exist-ence of a mental illness as a reason for incapacitation (Code of Civil Procedure). These legal institutions differ as for constitutional justification (Article 31 point 3) of the Polish Constitution) and their permissible duration. These differences are the main subject of the analysis. Particularly doubtful seems the possibility of diagnostic deprivation of freedom provided for in the proceedings on incapacitation, as to its duration (it may last up to 3 months).

scholarly journals O POLSKIM PRAWIE UBEZPIECZEŃ GOSPODARCZYCH W KONTEKŚCIE WYMOGÓW ACQUIS COMMUNAUTAIRE UE (REASUMPCJA STANOWISK PREZENTOWANYCH W PRACACH IZBY)

2017 ◽  
Vol 4 (2) ◽  
pp. 93
Author(s):  
Stanisław Nowak
Keyword(s):  
Risk Management ◽  
Legal Status ◽  
Insurance Market ◽  
Lisbon Strategy ◽  
Adaptation Measures ◽  
Acquis Communautaire ◽  
Insurance Law ◽  
The Law ◽  
Polish Law ◽  
Substantial Change

Po l i s h In s u r a n c e La w i n t h e C o n t e x t o f t h e ‘Ac q u i s Communautaire’ UE Requirements (Recapitulation of the Standpoints Presented in the Chamber’s Works)SummarySubstantial changes of the legal status in the system of Polish economic insurance, called a revolution in the Polish insurance law, initiated by a series of bills dated 22 M ay 2003 and multiplicity of accompanying secondary legislation made the insurance market start numerous analytic works, also in the context o f the requirements to adapt to the com m unity law.These im portant and vast issues, already for some time, have been subject to studies and discussions taking place in the Insurance and Risk Management Cham ber of Commerce. They draw to a conclusion that the quality o f Polish law is unsatisfactory, the law is complicated and unclear. Further they show deficiencies in the knowledge of the com m unity law in Poland due to which a social and professional insurance education is necessary.Further adaptation measures should start from a substantial change of the law on insurance contract. This process should also regard the act insurance agencies.An urgent need of insurance education, belonging to a so-called Lisbon strategy adopted by the European Council in M arch 2000, is highly im portant for the insurance market.

scholarly journals Status prawny zwierząt a ich kategoryzacja biologiczna

2020 ◽  
pp. 29-41
Author(s):  
Michał Janowski
Keyword(s):  
Cognitive Functions ◽  
Legal Status ◽  
Current Model ◽  
Self Awareness ◽  
Legal Regulations ◽  
Animal Protection ◽  
Linguistic Ability ◽  
Polish Law ◽  
Higher Cognitive Functions

Polish legal regulations protecting animals are inconsistent. The Act of 21 August 1997 on Animal Protection and the Act of 15 January 2015 on the Protection of Animals Used for Scientific or Educational Purposes accord protection to different categories of animals. These regulations should be harmonized due to the underlying values. In addition, the current model of animal protection in Poland requires consideration. Polish regulations protecting animals have not been preceded by a reflection on the special features of some groups of animals. In particular, Polish law does not take account of the fact that some animals have higher cognitive functions, including non-linguistic ability to recognize themselves – awareness of self. The article characterizes the phenomenon of animal self-awareness, which should be relevant in discussions on the legal status of some animals.

scholarly journals Odrębność wydziałów kościelnych Uniwersytetu Kardynała Stefana Wyszyńskiego w Warszawie w świetle prawa kanonicznego

2009 ◽  
Vol 52 (1-2) ◽  
pp. 85-113
Author(s):  
Arkadiusz Domaszk
Keyword(s):  
Canon Law ◽  
Legal Status ◽  
Public University ◽  
Catholic Theology ◽  
The Public ◽  
Law Faculty ◽  
Polish Law ◽  
The Right ◽  
The Mind ◽  
The University

The public University of the Cardinal Stefan Wyszynski in Warsaw (UKSW) came into being from the transformation in 1999 from the ecclesiastical college – Academy of the Catholic Theology. The statutes UKSW bases the activity of the University on Polish right, also that within the framework of UKSW are the place for ecclesiastical faculties: The Faculty of the Theology, The Canon Law Faculty and the Faculty of the Christian Philosophy. The originality of these faculties gets out of their directing on the Christian Revelation and the realization of the evangelization mission on the scientific ground. A second factor distinctive from other faculties UKSW is the dependence from the canonical right, at the simultaneous observance of the Polish law. The article showed that three church faculties UKSW kept their own canonical status. This legal status confirm records of the law the Right about the higher educational system (2005 year). Ecclesiastical faculties UKSW in Warsaw compose the perfect foot-bridge for the dialogue between the faith and the mind. Across their own investigative space fill up research of other sciences with which determine universitas. These departments are an important part of the University.

scholarly journals Legal institutions securing socially recognised rightsof the subjects participating in legal transactions, based on the example of legitimate expectative

2021 ◽  
pp. 190-198
Author(s):  
Joanna Bocianowska
Keyword(s):  
Civil Law ◽  
General System ◽  
The State ◽  
European Countries ◽  
Legal Institutions ◽  
Law System ◽  
General Issue ◽  
Constitutional Tribunal ◽  
The Creation ◽  
Polish Law

The article “Legal Institutions Securing Socially Recognised Rights of the Subjects Participating in Legal Transactions, Based on the Example of Legitimate Expectative” sheds light on the concept of legitimate expectative as a separate right. It gives arguments in favor of qualifying this type of right as legitimate since it protects legally important issues connected with the transactions undertaken by the participants of the market. The article also draws attention to the decisions of the international tribunals and the European legislatives that grant the position of the legitimate expectative in the general system of law. Coined by the German doctrine of law under the names: Anwartschaft, Wartenrecht and Zwischenrecht, the notion of expectative becomes widely recognised in other European countries, also in Poland, which is highlighted in the text. The protection of the said right in the Polish law system is mainly guaranteed by the Polish Constitutional Tribunal, in the described in the article decisions of 1989, 1993 and 1996. The topic of the article is not only the analysis of the said right of expectative but it also aims at a more general issue which is the creation of the new rights in very traditional civil law systems, especially in the Polish one. The summary of the analysis shown in the article leads to the conclusion that new rights and regulations are necessary, and the source of them should stem from the needs of the society, not the needs of the state.

scholarly journals Erbschaft- und Schenkungsteuer in Polen und in Deutschland. Konstruktionselemente der Steuer: Steuerpflicht, Besteuerungsgrundlage, Steuerbefreiungen, Stundung und Erlass der Steuer, Steuerklassen, Freibeträge, Instrumentalpflichten. Zweiter Teil

2020 ◽  
Vol 30 ◽  
pp. 30-51
Author(s):  
Stefan Babiarz ◽  
Keyword(s):  
Property Rights ◽  
Income Tax ◽  
German Law ◽  
Legal Institutions ◽  
Structural Elements ◽  
Personal Income Tax ◽  
Polish Law ◽  
The Moment ◽  
Full Exemption ◽  
German Citizen

From the comparison of the structural elements of the tax structure, the Polish and German inheritance and donation tax acts, the following conclusions can be drawn: – the German law – unlike the Polish law – allows for the recognition of inheritance and donation tax paid by a German citizen abroad at the taxpayer’s request, – the German act provides for an earlier tax point in the case of acquisition by inheritance than in Poland – it is the moment of opening the inheritance, – German law does not provide for the institution of re-emergence of the tax obligation, – in the German act, there is no broad subjective exemption, as in the Polish one, and in the case of the acquisition of an enterprise (current assets), it does not always provide for a full exemption, and the conditions for the exemption are stricter than in the Polish one, – in the German Act on inheritance and donation tax in a different way, considering not only classification to the tax group, thresholds for tax-free amounts have been defined, – the exemption of pension assets is provided for in the German law, and not, as in the Polish solution, in the Personal Income Tax Act, – the German Act on Inheritance and Donation Tax provides for different legal institutions that do not exist in the Polish law, such as deferral or remission of tax, – instrumental obligations have been regulated differently in both acts, it seems that the German law is not as strict in this respect as the Polish one, and the tax declaration and tax declaration in the German act do not mean the same legal institutions as in the Polish act. Generally speaking, however, beneficial for taxpayers of inheritance and donation tax in Poland is a solution that covers all (in principle) cases of free acquisition of property and property rights.

scholarly journals Legal status of a renewables self-consumer under Polish law in light of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources

2021 ◽  
Vol 35 ◽  
pp. 85-101
Author(s):  
Bartłomiej Kupiec
Keyword(s):  
Legal Status ◽  
Renewable Energy Sources ◽  
European Parliament ◽  
Energy Market ◽  
Dramatic Decrease ◽  
Renewable Sources ◽  
Market Signals ◽  
Operation Costs ◽  
Rapid Spread ◽  
Polish Law

The rapid spread of RES technologies, due to regulatory pressure and a dramatic decrease in their construction and operation costs, makes it possible for citizens to become active participants in the energy market. European Union’s legislation demands that citizens should be empowered to actively participate in the energy market by responding to market signals and in return benefit from lower electricity prices or other incentives. The aim of the article is to present and evaluate the concept of the renewables self-consumer regulated in the Polish Renewable Energy Sources Act in the light of the content of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11th December 2018 on the promotion of the use of energy from renewable sources.

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