scholarly journals Loyalty in Civil-Law Relationships as Found in the Polish Law

2020 ◽  
Vol 4 (1) ◽  
pp. 33-42
Author(s):  
Ewa Lewandowska
Keyword(s):  
Civil Law ◽  
Special Role ◽  
Unique Nature ◽  
Duty Of Loyalty ◽  
Polish Law

This paper discusses manifestations of loyalty as found in selected civil-law regulations, as well as the possible consequences of disloyalty, either during negotiations or for the duration of the obligation relationship, and as exemplified by Actio pauliana. Furthermore, it explores situations where ‘contractual’ loyalty stands in conflict with behaviour loyal towards other participants in the economy. It has been established that the categories of norms wherein broadly understood loyalty plays a special role are a part of the civil-law principles. It has been demonstrated that due to the unique nature of each situation, the introduction of the duty of loyalty as a general directive would be undesirable.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

scholarly journals HIPOTEKA PRZYMUSOWA JAKO FORMA ZABEZPIECZENIA WYKONANIA ZOBOWIĄZAŃ PODATKOWYCH

2016 ◽  
Vol 14 (4) ◽  
pp. 131
Author(s):  
Aneta Makowiec
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Tax Law ◽  
Private Law ◽  
Legal Literature ◽  
Polish Law

The Judicial Mortgage: A Form of Securing Tax LiabilitySummaryThis paper incorporates a characterisation and a thorough dogmatic analysis of the judicial mortgage as a form of securing the satisfaction of tax liabilities in Polish law. The significance of this issue warrants a discussion of the research both on its practical and theoretical aspects. In addition there has not been much interest in this subject in the Polish tax and legal literature. Undoubtedly, the amendments introduced during the last few years have prompted numerous questions and doubts with regard to these issues, which justifies the need for such research all the more. The fact that securing the satisfaction of tax liabilities is performed by employing methods well-known in civil law connected with liability involving rights in rem such as the mortgage, and the insufficient regulations regarding the judicial mortgage in tax law have made it necessary to analyse the legislation on private law as well as the doctrines and case-law connected with it.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.

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.

The role of a mediator in real property disputes

2021 ◽  
Vol III (III) ◽  
pp. 63-77
Author(s):  
Marcin Jurgilewicz ◽  
Kamila Spalińska
Keyword(s):  
Conflict Resolution ◽  
Civil Law ◽  
Special Role ◽  
Legal Knowledge ◽  
Real Property ◽  
The Subject ◽  
Financial Obligations

Being one of alternative forms of legal disputes resolution, mediation is an institution which is becoming more and more popular as its use increases statistically. In practice, mediation is used mainly in civil law disputes, however, the legislators have introduced normative solutions in almost every branch of law to enable the use of this solution if the parties so desire. One of the areas where mediation can be used is also real property disputes. The subject of those disputes will most often be issues related to the mutual performance of financial obligations, although they may also apply to administrative matters. A mediator will play a special role in resolving real property disputes. It is the mediation procedure, well-organized and properly conducted by the mediator, that might determine whether the parties would reach an agreement and make a settlement, or whether no agreement would be attainable. Therefore, it is of essence that mediation proceedings, particularly in real property disputes, are conducted by mediators who not only have conciliation skills, but also extensive legal knowledge, so as not to miss any chance for conflict resolution. Therefore, in the article, the authors drew attention to the essence of mediation, and in particular the role of a mediator in resolving real property disputes

scholarly journals Civil Law in Forced Unions. The Austrian Civil Code and its Significance for the Development of Civil Law in Central Europe

2020 ◽  
Vol 13 (3) ◽  
pp. 289-301
Author(s):  
Kamila Staudigl-Ciechowicz
Keyword(s):  
20Th Century ◽  
Central Europe ◽  
18Th Century ◽  
Civil Law ◽  
Civil Code ◽  
The Political ◽  
Political Systems ◽  
History Of ◽  
Polish Law

The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.

scholarly journals Civil Liability for Damage Caused by a Physical Defect of an Autonomous Car in Polish Law

2020 ◽  
Vol 29 (5) ◽  
pp. 165
Author(s):  
Jolanta Loranc-Borkowska
Keyword(s):  
Active Control ◽  
Autonomous Vehicles ◽  
Civil Law ◽  
Civil Liability ◽  
Effective Protection ◽  
Law System ◽  
Levels Of Automation ◽  
Polish Law ◽  
Definition Of ◽  
Civil Law System

<p>The issue of liability for damage caused by the movement of a defective autonomous car is multi-faceted and multi-problem. The purpose of the article is to investigate the issue of liability for damage caused by a physical defect in an autonomous car in the Polish civil law system and determining whether the currently existing civil law regulations are sufficient for effective protection of victims. The paper begins with a definition of an autonomous car – that is a vehicle enabled with technology which has the capability of operating without the active control or monitoring of a natural person. Next, the levels of automation (from 0 to 5) are presented. The following describes the concept of a physical defect. The next part is an analysis of the theories that can be applied to the problem of autonomous vehicles, along with an assessment of the effects of their use. Finally, conclusions from the analysis of the title issue are included.</p>

scholarly journals WOLNOŚĆ KOALICJI ZWIĄZKOWEJ PRACOWNIKÓW NIETYPOWYCH, OSóB ZATRUDNIONYCH NA PODSTAWIE UMÓW CYWILNOPRAWNYCH I SAMOZATRUDNIONYCH

2016 ◽  
Vol 13 (4) ◽  
pp. 127
Author(s):  
Anna Reda-Ciszewska
Keyword(s):  
Public Administration ◽  
Civil Law ◽  
Armed Forces ◽  
The Self ◽  
Freedom Of Association ◽  
Labour Law ◽  
International Labour Organisation ◽  
Polish Law ◽  
The Right ◽  
Labour Organisation

FREEDOM OF ASSOCIATION OF ATYPICAL EMPLOYEES, PERSONS EMPLOYED ON THE GROUNDS OF CIVIL CONTRACTS, AND THE SELF-EMPLOYED Summary This article discusses the freedom of association of atypical employees, persons employed on the grounds of civil law contracts, and the selfemployed. Polish law guarantees the right of association to employees on the grounds of its labour law (kodeks pracy). However, the International Labour Organisation Convention denies the right of association to members of the armed forces, police, and public administration. In 2011 a complaint was submitted to the Committee on Freedom of Association, which has drawn up recommendations for Polish law. The author analyses the solutions of Polish law in the context of the Committee’s recommendations on freedom of association for atypical employees, persons employed on a civil law contract, and the self-employed.

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