Istota i formy ilościowych przekształceń przedmiotowych w polskim procesie cywilnym

2018 ◽  
Vol 75 ◽  
pp. 237-247
Author(s):  
Anna Wiśniewska
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Identical Result ◽  
General Terms ◽  
Before And After ◽  
The Subject ◽  
Definition Of ◽  
Polish Code ◽  
Substantive Law ◽  
As If

The Polish Code of Civil Procedure (CCP) does regulate the amendments of the subject of claim in Art. 193. It must be observed that the Code (similar to the former Code of Civil Procedure of 1932) does not supply a statutory definition of the amendment of claim, leaving this matter to the theory of civil procedure; the regulation is only concerned with the admissibility of a change. Speaking in most general terms, an amendment of a claim is a procedural act which results in transformation of particular elements of the claim, thus directly influencing the proceedings. However, the continuity of the proceedings before and after the amendment must be preserved, in the sense that earlier procedural acts of the parties and evidence collected remain at least partially pertinent. The claimant’s act amending the claim may as well limit as extend the subject matter of the proceedings. It can also, obviously, contain as well an amendment of the requested remedy as the factual basis of the claim. A separate amendment of only one of those elements seems also possible. As a quantitative amendment of the claim must also be considered the introduction of a new claim besides the original one (a cumulative amendment). Such an amendment is expressly provided by Art. 193 § 2 CCP. It must be stressed that, as a matter of fact, the extension of the claim in a cumulative form, as regulated in Art. 193§ 2 CPC, shall produce the identical result as if the claimant already in the statement of claim availed of a possibility provided in Art. 191 CCP, namely to cumulate more than one substantive law claim in one statement of claim against the same respondent. The claimant’s procedural acts aimed at the quantitative amendment of the claim include also the limitation of the claim, thus resulting in the limitation of the subject matter of the proceedings. Undoubtedly, the limitation of the claim is a party’s procedural act bearing upon the court’s decision.

THE BEGINNINGS OF WRITING ON CRETE: THEORY AND CONTEXT

2015 ◽  
Vol 110 ◽  
pp. 27-49 ◽  
Author(s):  
Silvia Ferrara
Keyword(s):  
Subject Matter ◽  
Early Writing ◽  
General Terms ◽  
Methodological Perspective ◽  
Key Points ◽  
The Subject ◽  
Minoan Crete ◽  
Multidisciplinary Perspective ◽  
Definition Of

This article examines the inception of writing on Crete in the second millenniumbcfrom a fresh methodological perspective. It aims to develop a synoptic understanding of the origin, purpose, experience, and significance of the earliest attestations of writing on the island, to investigate the context of its creation, and to explore the cultural triggers that underlie the application of writing in the context of Middle Minoan Crete. Three key points are considered: the problematic definition of early writing on Crete, the possible identification of the subject matter of the Cretan hieroglyphic inscriptions on sealstones, and the script's level of indebtedness to pre-existing models. These paths of investigation are also crucial points of departure for understanding the phenomenon of early writing in more general terms, from a multidisciplinary perspective that seeks to advocate a synergic collaboration between anthropology, archaeology, epigraphy and sociolinguistics.

scholarly journals The Subject Matter of the Lawsuit as a Feature Individualizing the Lawsuit

Lex Russica ◽  
2021 ◽  
pp. 61-72
Author(s):  
V. N. Ivakin
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Legitimate Interest ◽  
Legal Relationship ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Substantive Law

The question concerning the concept of the subject matter of the claim, which is one of the features that individualize the claim, is one of the most disputable and unsettled in the doctrine devoted to the claim. A number of legal scholars define the subject matter of the lawsuit as the substantive law claim of the plaintiff against the defendant. However, this definition cannot be accepted as correct, since, first, petitioners bring claims that cannot meet the above requirement (for example, claims for recognizing transactions as invalid), and, second, the statements of claim filed with the court contain demand (request) for the court, rather than a claim against the defendant.According to another point of view, the subject matter of the claim should be understood as the subjective right indicated by the plaintiff and the corresponding obligation or civil legal relationship in general, about which the court must make a decision. It is also impossible to agree with the above definition of the subject matter of the lawsuit in view of the fact that, as A. A. Dobrovolsky correctly noted, the law provides that the statement of claim must indicate the plaintiff’s claim rather than the disputed legal relationship. We should also agree with the argument given by G. L. Osokina, according to which the logic and practice of the statement of claim for the defense dictate the need to include a subjective right or legitimate interest in the basis of the claim, and not in its subject matter. According to the point of view of K. S. Yudelson, the subject matter of the claim is the requirement to the court to protect the right in the form that corresponds to the stated requirement. However, since this definition is too general, it cannot be used to resolve the issue of the equivalence of claims. The definition of the subject matter of the claim as protection (V.N.Scheglov) or a method of protecting the right (G.L. Osokina) also have the similar drawback. The most correct is the definition of the subject matter of the claim as the protection of a subjective right, freedom or legitimate interest through the specific application of one of the methods provided for by law or the direct exercise of the right that the plaintiff asks the court about.

Subjective Point of View of a Student on Ways of Subject Matter Structure Creation by the Teacher

2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Subjective Perception ◽  
Cognitive Frames ◽  
Teacher Work ◽  
Approach To Teaching ◽  
The Subject ◽  
Definition Of ◽  
Level Of Understanding ◽  
Education Process

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

Culture

2020 ◽  
pp. 45-63
Author(s):  
Mbosowo Bassey Udok
Keyword(s):  
Subject Matter ◽  
Human Existence ◽  
Technical Knowledge ◽  
Human Beings ◽  
Cultural Backgrounds ◽  
Patterns Of Behavior ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
The Impact

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.

Essentialism

2018 ◽  
Author(s):  
Stephen Yablo
Keyword(s):  
Subject Matter ◽  
Hard Part ◽  
Equal Footing ◽  
Essential Properties ◽  
The Subject ◽  
The 1950S ◽  
Definition Of

Essentialists maintain that an object’s properties are not all on an equal footing: some are ‘essential’ to it and the rest only ‘accidental’. The hard part is to explain what ‘essential’ means. The essential properties of a thing are the ones it needs to possess to be the thing it is. But this can be taken in several ways. Traditionally it was held that F is essential to x if and only if to be F is part of ‘what x is’, as elucidated in the definition of x. Since the 1950s, however, this definitional conception of essence has been losing ground to the modal conception: x is essentially F if and only if necessarily whatever is x has the property F; equivalently, x must be F to exist at all. A further approach conceives the essential properties of x as those which underlie and account for the bulk of its other properties. This entry emphasizes the modal conception of essentiality. Acceptance of some form of the essential/accidental distinction appears to be implicit in the very practice of metaphysics. For what interests the metaphysician is not just any old feature of a thing, but the properties that make it the thing it is. The essential/accidental distinction helps in other words to demarcate the subject matter of metaphysics. But it also constitutes a part of that subject matter. If objects have certain of their properties in a specially fundamental way, then this is a phenomenon of great metaphysical significance.

Philosophy and History in the Study of Political Thought

2007 ◽  
Vol 1 (1) ◽  
pp. 101-124 ◽  
Author(s):  
Jens Bartelson
Keyword(s):  
Subject Matter ◽  
Political Thought ◽  
Main Argument ◽  
Ontological Status ◽  
The Subject ◽  
Definition Of ◽  
The Relationship ◽  
Widespread View

AbstractThis article analyzes how the relationship between philosophy and history has been conceived within the study of political thought, and how different ways of conceiving this relationship in turn have affected the definition of the subject matter as well as the choice of methods within this field. My main argument is that the ways in which we conceive this relationship is dependent on the assumptions we make about the ontological status of concepts and their meaning. I start by discussing the widespread view that philosophy and history ought to be viewed as distinct if not incompatible ways of studying political thought, and then go on to describe the view that philosophical and historical approaches should be conceived of as identical or inseparable. I end this article by suggesting that these approaches rather should be viewed as mutually constitutive for the benefit of a more coherent study of political thought.

scholarly journals What is the Meaning of Critical Thinking in the Context of Globalization?

MANUSYA ◽  
2001 ◽  
Vol 4 (3) ◽  
pp. 80-96
Author(s):  
Stephen Evans
Keyword(s):  
Critical Thinking ◽  
Subject Matter ◽  
Recent Literature ◽  
Clear Picture ◽  
The World ◽  
The Subject ◽  
Definition Of

A review of recent literature advocating critical thinking as a necessary response to ‘globalizationʼ, gives no clear picture of what critical thinking is. Drawing on Kant and Hermeneutics, this paper proposes a critical definition of critical thinking as an understanding of its subject-matter which questions itself, and a characterization of critical thinking as the tension of standing within the subject-matter while holding it at a distance. Considered against a backdrop of concerns about ‘globalizationʼ, critical thinking is seen, not only as an intellectual method, but also as an existential engagement of the world.

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