Miejsce spółki wspólnoty gruntowej w systemie prawa polskiego

2018 ◽  
Vol 72 ◽  
pp. 323-332
Author(s):  
Kamil Rudol
Keyword(s):  
Rural Community ◽  
Legal System ◽  
Administrative Law ◽  
Legal Personality ◽  
Legal Nature ◽  
Joint Ownership ◽  
The Common ◽  
Common Lands ◽  
Land Manager

According to the Act of 1963 of Common Lands, in order to properly manage and develop the common land, its shareholders shall appoint the administrative entity called the common land’s company. The company is not the owner of common land, but acts as the land manager, since these lands are subject of specific type of joint ownership operated by a rural community. The establishment of the company is made by way of a resolution adopted by a majority of members entitled to participate in the common land in the presence of at least half of them. Upon approval of the statute of the company by the appropriate administration authority, the company acquires legal personality. The article describes the legal nature of the common land’s company and aims at placing it in the Polish legal system. In order to achieve it, the common land’s company is being compared to a civil, commercial and administrative law companies.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

Common lands within the meaning of the common lands act of 29 june 1963 – selected civil law issues

2020 ◽  
Vol IV (IV) ◽  
pp. 52-81
Author(s):  
Grzegorz Wolak
Keyword(s):  
Civil Law ◽  
Real Property ◽  
Legal Nature ◽  
The Common ◽  
Common Lands ◽  
A Company

The article will discuss the general issues related to common land - the term applied in the Common Lands Act of 29 June 1963 and its legal nature. In addition, an attempt will be made to answer the question about an entity that should be disclosed in the second section of the land and mortgage register in the case of real property being a part of the common land. Currently, land and mortgage registers may be established for common land. The question is whether it should be the common land itself or natural and legal persons entitled to hold shares therein, or maybe a company established to manage and develop such a common land. It seems that the legislator itself has been unable to deal with this issue. There are no legal acts where it would indicate directly or indirectly an entity that should be disclosed in the second section of the land and mortgage register as an owner (co-owner).

scholarly journals Legal Nature of the Commissioner for the Protection of Equality in Republic of Serbia // Upravno-pravni aspekti poverenika za zaštitu ravnopravnosti u Republici Srbiji

2018 ◽  
Vol 8 (8) ◽  
pp. 244
Author(s):  
Stefan Andonović
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Legal Nature ◽  
Legal Position ◽  
Specific Position ◽  
The Subject ◽  
The Republic ◽  
Constitutional System

The subject of this paper is determination of the legal nature of the Commissioner for the Protection of Equality in legal system of the Republic of Serbia. The specific position and role in the legal system is examined from the perspective and methods of administrative law. Special attention is paid to the analysis of the legal nature of the Commissioner’s acts in the framework of his powers. Also, the paper analzyed certain issues related to the procedure before the Commissioner, as well as the connection between this procedure and the general administrative procedure. Based on the analysis of the legal position, the legal acts of the Commissioner, and the constitutional system of division of power, the author concludes that the Commissioner’s legal nature in the Republic of Serbia is predominantly administrative-legal.

The Common Real-Life Reference Point Methodology—Or

2020 ◽  
pp. 989-1007
Author(s):  
Yoav Dotan
Keyword(s):  
Legal System ◽  
Reference Point ◽  
Real Life ◽  
Administrative Law ◽  
Legal Language ◽  
Legal Research ◽  
Legal Regimes ◽  
Practical Tool ◽  
The Common ◽  
Methodological Difficulties

This chapter reviews the conceptual and methodological difficulties in the field of comparative administrative law. It seeks to present a new and different conceptual and practical tool for the study of comparative administrative law (CAL). This suggested methodology is based on using a common real-life reference point such as McDonald’s branches, and testing the ways in which various legal regimes apply to them in each and every different legal system. The chapter first presents the various difficulties and fallacies of current CAL research. It then demonstrates the proposed methodology and discusses its potential, as well as some constraints and problems that should be taken into account. The chapter concludes by inviting the community of comparative public lawyers to join the project of mapping the field of CAL and developing a new common legal language that would enable everyone to benefit from comparative legal research.

scholarly journals The restriction of compromise interpretation of the contract

2019 ◽  
Vol 5 (2) ◽  
pp. 90
Author(s):  
Asos Namiq ◽  
Ismael Namiq
Keyword(s):  
Legal System ◽  
Internal Controls ◽  
The Real ◽  
Legal Rules ◽  
Legal Nature ◽  
Interpretation Process ◽  
The Common ◽  
Principles Of Justice ◽  
Shed Light

This study focuses on the statement of the rules of compromise interpretation of the contract, and we found through the research that the interpretation process to identify the real will of the contractors through the expression of the contract, and what is required of the legal rules, and the reality in which the contract is implemented, All these wishes must be constrained by the interpreter with several controls during interpretation, and those controls should either be  Internal controls imposed by the type of contract to be interpreted or the extent of clarity and ambiguity of the terms used in the contract, or through the search for the common intention of the contractors. External controls imposed by the legislation or public legal system, or the custom that follows the place where the contract is concluded or its implementation, or principles of justice that must be taken into consideration when interpreting, or the legal nature of the obligation. Therefore, in this study, which consists of a preliminary requirement and two topics, we attempt to add to the introduction and conclusion, shed light on the concept of conciliatory interpretation and internal and external controls of compromise interpretation.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2019 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

International Law and Sources of Law in MERCOSUR: An Analysis of a 20-Year Relationship

2012 ◽  
Vol 25 (3) ◽  
pp. 707-737 ◽  
Author(s):  
BELÉN OLMOS GIUPPONI
Keyword(s):  
International Law ◽  
Legal System ◽  
Dispute Settlement ◽  
Case Law ◽  
Dispute Settlement Mechanism ◽  
Legal Personality ◽  
International Economic Law ◽  
The Common ◽  
The Relationship ◽  
Settlement Mechanism

AbstractThe Treaty of Asunción in 1991 gave rise to the Common Market of the Southern Cone (MERCOSUR) as a promising economic integration process. Over the past 20 years, as the legal personality of MERCOSUR was reinforced, there were also important changes in its legal system. International law and international economic law played a fundamental role in the development of MERCOSUR law. The main aim of this article is to provide some insights into the current stage of MERCOSUR law, taking into account the evolution of the legal system, the dispute settlement mechanism, and the relationship with international law. In order to do so, the author examines various turning points in the case law of the arbitration tribunals constituted so far and the Permanent Review Tribunal established by the Olivos Protocol.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

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