Przemiany własności w rolnictwie – kontekst systemowy z perspektywy prawa krajowego i unijnego

2014 ◽  
pp. 29-72 ◽  
Author(s):  
Alina Jurcewicz ◽  
Paweł Popardowski
Keyword(s):  
Economic System ◽  
Public Interest ◽  
Civil Law ◽  
Legal Order ◽  
Point Of View ◽  
The Other ◽  
Eu Legislation ◽  
Economic Reality ◽  
Polish Law ◽  
Point Of Reference

In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory under-standing of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.

scholarly journals Perlindungan Hukum Terhadap Nasabah Mobile Banking dalam Transaksi Perbankan

2021 ◽  
Vol 7 (1) ◽  
pp. 135
Author(s):  
Ni Made Trisna Dewi
Keyword(s):  
Research Method ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Order ◽  
The Other ◽  
Mobile Banking ◽  
Electronic Information ◽  
Normative Study ◽  
Literature Research ◽  
Legal Literature

This essay discusses the legal protection for mobile banking custumers, because the mobile banking product as one of the delivery many benefits but contain many risk on the other side that could cause losses for the custumers. Therefore, the protection for mobile banking custumers is requiered in order to protect the rights of the custumers banking servise. The study was conducted to determine how the indonesian low and regulations that protect mobile banking custumers in banking transaction in case of the error transaction electronic in review of low number 11 of 2008 on information and electronic transactionsas well as the bank’s responsibility for the mobile banking custumers in case of a transaction error. This study is a normative study with the literature research method to analyze the book of legal literature and the low number 8 of 1999 about the custumers protection, low number 10 of 1998 about the indonesia banking sistem, low number 11 of 2008 about the transaction and electronic information. The result showed that although there is no customers legislation that specificaly regulates mobile banking, but in indonesia positive legal order there are laws and regulation which has provided legal protection for mobile banking custumers. There are law number 11 of 2008 about information and electronic transaction as contained in article 1.2 and 3. The bank’s responsibility to the custumer in case of error transaction. The loss is a proxy of fullfillment of one custumers protection law. Right to copensation in accordance with the treaty law in article 1313 civil law. Then the current legislation already includes aspects of legal protection for mobile banking custumers.

scholarly journals Factors of Failure of the Iraqi Banking System in the Implementation of the Decisions of the Basel Committee

2018 ◽  
Vol 4 (1) ◽  
pp. 161-166
Author(s):  
Jasim Mohammed Mushib Janabi ◽  
Zainab Husham Qasim Al-Rikabi
Keyword(s):  
Economic System ◽  
Financial Institutions ◽  
National Economy ◽  
Banking System ◽  
Point Of View ◽  
The Other ◽  
Modern World ◽  
Basel Committee

Abstract The role of the banking system is very important and sensitive in any inquisitive system in our modern world, because it is the other side of this economy in exchange for real activities and the great crossroads of the efficiency of the economic system and the legitimacy of its organizations according to the basic objectives of each national economy in any society. Based on this importance above, the importance of applying the banking system to the rules and decisions of the Basel Committee in all its copies, which can ensure that the banking system could avoid the risks that can lead to the entry into crises and serious intransigence. This paper seeks to provide a broad presentation of the possibilities of application of the Iraqi banking system to the decisions of the Basel Committee and seeks to provide a presentation of obstacles and factors that led to the failure of the Iraqi banking system to implement the decisions of the Basel Committee in all copies and both internal and external. This paper also seeks to look at the possibility of adapting the banking system in order to comply with the requirements of the implementation of Basel decisions from an economic and financial point of view represented by the views of economists and financial institutions inside and outside this body.

scholarly journals UDZIAŁ OSÓB NIEUPRAWNIONYCH W WYDANIU ORZECZENIA W POSTĘPOWANIU CYWILNYM - UWAGI NA TLE D.1,14,3 I D.41,3,44 PR.

2017 ◽  
Vol 6 (2) ◽  
pp. 97
Author(s):  
Bartosz Szolc-Nartowski
Keyword(s):  
Common Sense ◽  
Public Interest ◽  
Civil Procedure ◽  
The Other ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Civil Proceedings ◽  
Bona Fide ◽  
Polish Law

Participation of Unauthorised Persons in Issuance of Decisions in Civil Proceedings - Remarks on the Basis D. 1,14,3 and D. 41,3,44 pr.SummaryAccording to Polish civil procedure a sentence given by an unauthorized person is invalid. This was not always the case in ancien Roman law. Ulpianus declared that when a slave, who escaped from his master, became a praetor, his acts were valid. He took into consideration serious problems of those who had put their trust in the praetor’s office as well as the respect for humanitas. A basic common sense requires that what was well decided, should be considered valid. According to the author, Ulpianus realized that the rule of ius civile which determined the requirements for entering in a praetor’s duties had the character of a guarantee. If the purpose, for which this rule was established, was achieved, such acts should be accepted as valid.The question arises whether that approach could be applied to contemporary cases of iudex incompetens. Furthermore, whether it would be justifiable to extend this solution to other - not only procedural – but also material, guarantee rules?The answer is not easy. In D. 41,3,44 pr., a pater familias conducted the procedure of adrogation (adoption) improperly. Papinianus decided that, although pater familias made a justifiable mistake, all that the son enacted in the name of the father, was invalid. Nevertheless a different rule, as the jurist says in D. 41,3,44 pr., must be observed in the case of homo liber bona fide serviens - a person, who being unaware of his free man status, served as a slave. Actions taken by such a person were valid (the purchaser of a slave had to be protected), since transactions of that kind happened very often. More importantly, any other solution would be against the public interest. O n the other hand, it was very rare for a pater familias to wrongly adrogate, therefore the example of pater familias did not create a general rule.It seems quite difficult to indicate one principle which could be applied to all the guarantee rules. As far as the case of an unauthorized person giving sentence is concerned, the Roman private law shows that the regard for the public interest may sometimes justify solutions different from those preferred by Polish law.

scholarly journals PROBLEMS OF CRIMINAL LAW REGULATION OF PRIVATE (COMMERCIAL) BRIBERY

2020 ◽  
Author(s):  
Mariya Mihaylova ◽  
Keyword(s):  
Economic System ◽  
Criminal Law ◽  
Public Interest ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Private Interest ◽  
Normal Functioning ◽  
The Public ◽  
The One

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one hand there is the public interest requiring a stable and workable economy and on the other hand the private interest requiring certain limits of the state regulation.

scholarly journals Factors of Failure of the Iraqi Banking System in the Implementation of the Decisions of the Basel Committee

2018 ◽  
Vol 10 (1) ◽  
pp. 167
Author(s):  
Jasim Mohammed Mushib Janabi ◽  
Zainab Husham Qasim Al-Rikabi
Keyword(s):  
Economic System ◽  
Financial Institutions ◽  
National Economy ◽  
Banking System ◽  
Point Of View ◽  
The Other ◽  
Modern World ◽  
Basel Committee

The role of the banking system is very important and sensitive in any inquisitive system in our modern world, because it is the other side of this economy in exchange for real activities and the great crossroads of the efficiency of the economic system and the legitimacy of its organizations according to the basic objectives of each national economy in any society. Based on this importance above, the importance of applying the banking system to the rules and decisions of the Basel Committee in all its copies (1), which can ensure that the banking system could avoid the risks that can lead to the entry into crises and serious intransigence. This paper seeks to provide a broad presentation of the possibilities of application of the Iraqi banking system to the decisions of the Basel Committee and seeks to provide a presentation of obstacles and factors that led to the failure of the Iraqi banking system to implement the decisions of the Basel Committee in all copies and both internal and external. This paper also seeks to look at the possibility of adapting the banking system in order to comply with the requirements of the implementation of Basel decisions from an economic and financial point of view represented by the views of economists and financial institutions inside and outside this body.

The problem of joint co-ownership in a Polish civil law partnership

Upravlenie ◽  
10.12737/5640 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 71-75
Author(s):  
Лик ◽  
Jan Lic
Keyword(s):  
Civil Law ◽  
Public Law ◽  
The Other ◽  
Tax Law ◽  
Business Activity ◽  
Legal Capacity ◽  
Legal Personality ◽  
Foreign Law ◽  
Polish Law ◽  
The Right

The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of joint co-ownership, since in that case it would be the partners, as coowners, that would be the carriers of rights and obligations. It is not possible that a partnership and its partners are both carriers of the same property rights; particularly, the right to the property of partnership. Even if the legislature de-cided that a civil law partnership is not just a civil law obligation, but also an organisa-tional unit and that the legal capacity should be accorded to it, then the system of joint co-ownership in a civil law partnership would also have to be waived. Numerous provi-sions of public law, including in particular tax law, suggest such a solution. They already treat a civil law partnership as a legal entity. Accordance of” as the act of granting civil law capacity would unify its status in all areas of law. Furthermore, there are cases from foreign law that speak for the above-presented solution. In France and Scotland a civil law partnership has legal personality. In Germany the equivalent partnership was granted legal capacity. In the latter country, this was possible without the need to resign from the system of community of joint co-ownership (Gesamthand). Contrary to the Polish joint co-ownership, the German Gesamthand is not a type of co-ownership, but a type of legal community of personal rather than property nature. In countries in which a civil law partnership has not been granted legal capacity, problems similar to those that occur in Polish law arise. The postulate of granting legal capacity to a civil law partnership is justified. However, it should be limited to partnerships that operate business activity. Ordinary external partnerships do not require legal capacity; therefore they can still retain the system of joint co-ownership.

On the legitimacy of restoring the institution of an annuity right in rem on real estate

2021 ◽  
Vol III (III) ◽  
pp. 7-32
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Other ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Legal Nature ◽  
Basic Solutions ◽  
Polish Law ◽  
The One

The article presents the basic solutions to be applied in the so-called annuity real rights. These are limited real rights (iura in rem), which permit obtaining certain revenues from real property on a regular basis. Their essential purpose is to secure specified periodical benefits, primarily those of a pecuniary nature. These rights show some similarities, on the one hand, to pledge-type rights (especially mortgage) and, on the other hand, to easements. Currently, no annuity real charges of any kind have been regulated under the Polish civil law (since the entry of the Civil Code into force in 1965), as they were perceived, albeit incorrectly, as a reminiscence of the epoch of feudalism. However, they are still popular in other European civil law legislations, for example in the German, Swiss, Austrian, Spanish, Czech, Estonian, Slovenian or Croatian laws. The prototype for this category of rights is the real burden (German: Reallast). This paper presents various solutions for the latter institution as well as related institutions, such as the Swiss “annuity letter” (German: Gült, French: lettre de rente) and the German annuity land charge (German: Rentengrundschuld). Different concepts for the legal nature of the annuity rights have been presented, in particular the German real burden, which formed the basis for proposals of solutions in the work of the Polish Civil Law Codification Committee at the beginning of the 21st century. The potential usefulness of the real burden rights indicated in this article confirms the legitimacy of introducing this type of legal institution into the Polish law.

Economics and Culture in Africa

2015 ◽  
pp. 333-350
Author(s):  
Felwine Sarr
Keyword(s):  
Economic System ◽  
Social System ◽  
Cultural Context ◽  
Point Of View ◽  
The Other ◽  
Collective Actions ◽  
Other Hand ◽  
Group A ◽  
African Context

This chapter examines the articulation of two powerful determiners of individual and collective actions in the African context—culture and economy—from a point of view that could be called civilizational. The question is to determine in what measure the efficiency of an economic system is linked to its degree of adequation with its cultural context on one hand and, on the other, whether the efficiency of the resulting social system is dependent on respect of the functions assigned to each order by the group. A fruitful dialectics between economics and culture requires on one hand the assignation of each order to the finality for which it is the most efficient and, on the other hand, a better rooting of the African economies in their respective sociocultures.

Right to Resistance and Terrorism – the Example of Germany

2012 ◽  
Vol 13 (9) ◽  
pp. 1075-1094
Author(s):  
Georg Gesk
Keyword(s):  
Basic Principle ◽  
State Power ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
The Other ◽  
Conflict Of Laws ◽  
Principle Of Justice ◽  
Politically Motivated Violence ◽  
The Right

The right to resistance against state power is very often characterized by actions against an existing legal order that is perceived as being unjust and therefore both – illegitimate and illegal. Terrorism, on the other hand, is often defined as politically motivated violence that is prosecuted by state power according to the law and although the terrorist views his actions as being justified by the perceived illegitimacy of state power, the state by itself is not willing to accept such a point of view – henceforth the prosecution. Therefore we can often find situations where both sides claim legitimacy and legality, mutually excluding each other's positions. This situation is only one of many that epitomize and exemplifies the more common problem of paradox in law: any society that aims at harmonizing conflicts through law will find itself in the not so comfortable position that the basic principle of justice – the quest for treating similar things alike – inevitably leads to cases where we have to face a direct conflict of laws. Either one law is just and therefore ought to apply, or the other, but we will not be able to apply both at the same time, since they may turn out conflicting results.

Can the Academic Self-Concept be Positive and Realistic?

2005 ◽  
Vol 19 (3) ◽  
pp. 129-132 ◽  
Author(s):  
Reimer Kornmann
Keyword(s):  
Academic Performance ◽  
Opposite Effect ◽  
Self Esteem ◽  
Point Of View ◽  
The Other ◽  
Self Concept ◽  
High Ability ◽  
Self Image ◽  
Other Hand

Summary: My comment is basically restricted to the situation in which less-able students find themselves and refers only to literature in German. From this point of view I am basically able to confirm Marsh's results. It must, however, be said that with less-able pupils the opposite effect can be found: Levels of self-esteem in these pupils are raised, at least temporarily, by separate instruction, academic performance however drops; combined instruction, on the other hand, leads to improved academic performance, while levels of self-esteem drop. Apparently, the positive self-image of less-able pupils who receive separate instruction does not bring about the potential enhancement of academic performance one might expect from high-ability pupils receiving separate instruction. To resolve the dilemma, it is proposed that individual progress in learning be accentuated, and that comparisons with others be dispensed with. This fosters a self-image that can in equal measure be realistic and optimistic.

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