Glosa do wyroku Naczelnego Sądu Administracyjnego z 21 kwietnia 2016 r., II GSK 2566/14

Radca Prawny ◽  
2021 ◽  
pp. 201-216
Author(s):  
Witold Matejko
Keyword(s):  
Alcoholic Beverage ◽  
Civil Code ◽  
Legal Norm ◽  
Alcoholic Beverages ◽  
The Internet ◽  
Business Activity ◽  
Case File ◽  
Analysis And Evaluation ◽  
The Creation ◽  
The Law

Gloss to the Supreme Administrative Court of Poland judgment of April 21, 2016 – case file no. II GSK 2566/14 The gloss is an analysis and evaluation of the judgement of the Supreme Administrative Court of 21 April 2016, case file no. II GSK 2566/14. In this judgement, the Supreme Administrative Court of Poland adopted a view that distance sales of alcoholic beverages, including those made via the Internet, are illegal under the current provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism. In its interpretation of the law, the Supreme Administrative Court of Poland also referred extensively to the regulations of the Polish Civil Code on the sale agreement and the transfer of ownership of the sold item. The author critically evaluates the standpoint adopted by the Supreme Administrative Court of Poland. In author’s opinion, the interpretation of the law presented in the reasons for the judgement is law-generating in nature, leading to the creation of a legal norm which is not supported by the provisions of the Act. In author’s opinion, the Supreme Administrative Court of Poland wrongly equated the notions of a sale and the occurrence of the dispositive effect of a sale agreement, wrongly assuming that they occur at the same time and in the same place, which results in the assumption that the sale of an alcoholic beverage is effective upon the delivery of its object to the buyer at the place where the beverage is to be delivered. The position taken by the Supreme Administrative Court of Poland limits the constitutionally guaranteed freedom of business activity in a manner not supported by the Act.

Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.

PRINCIPLES OF BALANC E IN THE FRANCHISE A GREEMENT VIEWED FROM ARTICLE 1338 OF THE CIVIL CO DE

2015 ◽  
Vol 1 (2) ◽  
pp. 111-120
Author(s):  
J Jopie Gilalo
Keyword(s):  
Distribution System ◽  
Contract Law ◽  
Civil Code ◽  
Business Activity ◽  
The Law ◽  
The Government

ABSTRACTBusiness franchise is already a business activity to invest quickly in a way the distribution system and marketing of a product of goods and or services. Shape franchise made with a covenant between franchisor and franchisee. Problems in the agreement, if the position between the rights and obligations of both parties had been balanced in the implementation of the bonds they created. Franchise agreement is a contract specially (not named). Based on the Law of Treaties in Indonesia Franchise agreements as was as contract law, which refers to Article 1338 of the Civil Code with the fulfillment of the terms of contract law. In addition, the legal umbrella which provides franchise business, namely in the form of regulations issued by the government for guarantees in this business, even though the principle of balance in terms of an agreement, the franchise agreement has not been providing some balance to the franchise yet.

scholarly journals Electronic Criminal Case File in the Epoch of Digitalization

2021 ◽  
Vol 2 ◽  
pp. 23-27
Author(s):  
Svetlana I. Volodina ◽  
Keyword(s):  
Criminal Case ◽  
Case File ◽  
Legal Proceedings ◽  
Foreign Experience ◽  
Defence Lawyer ◽  
The Creation ◽  
The Law

The article is devoted to the creation of an electronic dossier of a defence lawyer. It shows the significance of the dossier in the law practice, its content, the disadvantages of the «dossier in paper» and the advantages of the «electronic dossier». The article analyzes the «Methodological recommendations for conducting legal proceedings by attorneys», usage of the investigator’s automated workplace and the judge’s automated workplace. It presents some related foreign experience. The various capabilities of digital dossier and its potential are described.

scholarly journals Hidden Potential of Arak Bali to be The World’s Seventh Spirit; from religious purpose to negative investment list

2019 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Putu Herry Hermawan Priantara
Keyword(s):  
House Of Representatives ◽  
Alcoholic Beverage ◽  
Tourism Industry ◽  
Provincial Government ◽  
Raw Material ◽  
Alcoholic Beverages ◽  
Economic Welfare ◽  
Religious Activities ◽  
Type C ◽  
The Law

In a joint meeting between Governor and Bali Regional House of Representatives on 11 February 2019, Bali Governor Wayan Koster expressed his interest to promote arak as a trademark of Bali, a traditional Balinese spirit. Arak is a type of distilled alcoholic beverage, generally produced in Southeast Asia and South Asia countries. Each region has its distinctive method in selecting the most delicate raw material as primary ingredient, to its patients and meticulous preparations in producing the best liquor. Religious activities becomes chief reason the art of liquor distilation present in the island of God, especially Arak. It serves as tetabuhan in traditional and religious ceremonies, a recreational beverage for adults or even utilize to make herbal paste. Some traditional farmer use Wariga as a reference to determine the perfect day to produce arak, therefore, the process becomes its distinctive feature. Realizing its hidden potential, Governor Koster expressed his interest in making Balinese Arak legal as a prospective industry to improve the communities economic welfare, by promoting it as a heritage-based product. Through departments in Provincial government, he prepares standardisation as well as legal basis to promote the liquor in tourism industry. However, the distilled spirit is classified as Alcohol type C on the law thus its distribution in full scale is strictly regulated by the law. Furthermore, Presidential Regulation which adds alcoholic beverages as negative investment list, become a high wall to climb before the customer could safely sip the product.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

E-Commerce Security and the Law

2011 ◽  
pp. 122-134
Author(s):  
Assafa Endeshaw
Keyword(s):  
Information System ◽  
Codes Of Conduct ◽  
The Internet ◽  
Central Control ◽  
Security Culture ◽  
Catch Up ◽  
The Creation ◽  
The Law ◽  
Secure Network ◽  
Alternative Solutions

The nature of the Internet as an open network means that it is devoid of central control and regulation. That in turn has exposed the Internet to the caprices and untoward intentions of some of its participants. Online businesses particularly suffer from an explosion of fraudulent activities and breach of security (destruction or theft of data and identity). The law has attempted to catch up with the problems by providing sanctions against perpetrators. Alternative solutions such as technical means and ethical codes of conduct are also in place. However, the creation of a secure network demands more than law or better technology. There is widespread recognition among lawyers, management and information system specialists that the creation of a secure network is part of the broader task of creating a security culture, starting from top management and sustained by clear and easy-to-implement policies.

Verkehrshypothek und Sicherungsgrundschuld

2019 ◽  
Author(s):  
Jovanka Gehrenbeck
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Before And After ◽  
Similarities And Differences ◽  
The Creation ◽  
The Law ◽  
Bürgerliches Gesetzbuch ◽  
Debtor Protection

The creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch (Germany’s civil code) through the Risk Limitation Act (Risikobegrenzungsgesetz) has gradually improved the opportunities for material debtors to object to land charges. In contrast, the law relating to mortgages has remained unchanged with the result that it has in part lost its model character. This study first presents the similarities and differences between mortgages and land charges with regard to the justification of obtaining credit security and then focuses in detail on the opportunities to object to the use of in rem jurisdiction before and after the Risk Limitation Act came into effect. In doing so, the study explains the developments in case law in this regard and alternatives to the creation of § 1192, para. 1a of the Bürgerliches Gesetzbuch, and in conclusion addresses the question of improving debtor protection.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

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