Legal and Historical Perspective on Public Character of Cassation Complaint in Polish Civil Procedure

2019 ◽  
Vol 81 ◽  
pp. 247-266
Author(s):  
Kinga Flaga-Gieruszyńska
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Civil Procedure ◽  
Legal Aid ◽  
Effective Implementation ◽  
Starting Point ◽  
Scope Of Application ◽  
Public Character ◽  
The Right

The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.

Mandatory Representation by an Attorney or Legal Counsel and Access to the Courts in Civil Cases

2019 ◽  
Vol 81 ◽  
pp. 247-266
Author(s):  
Kinga Flaga-Gieruszyńska
Keyword(s):  
Legal System ◽  
Legal Counsel ◽  
Legal Aid ◽  
Effective Implementation ◽  
Starting Point ◽  
Scope Of Application ◽  
Civil Cases ◽  
The Right

The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

Kofin Al Midat S'dom: Jewish Law's Concept of Abuse of Rights

1980 ◽  
Vol 15 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Shmuel Shilo
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Right To Privacy ◽  
System A ◽  
Legal Principle ◽  
Scope Of Application ◽  
The Right ◽  
Made In

The Jewish legal system's concept ofKofin al midat S'dom(kofin, in this essay) is a rule of equity whose scope of application is almost without parallel in other legal systems. Strict translation of this phrase, which is “one is compelled not to act in the manner of Sodom” is not very helpful. The rule is interpreted to mean that if A has a legal right and the infringement of such right by B will cause no loss to A but will remove some harm from, or bring a benefit to B, then the infringement of A's right will be allowed. Such a concept at once brings to mind the modern view concerning abuse of rights. There is, in fact, much in common between the two principles but they are certainly not the same. According to one legal system a certain given fact situation can have the legal principle of abuse of rights applied to it, while in another legal system a different rule of law would be resorted to. To illustrate: In certain jurisdictions the right to privacy is based on the concept of abuse of rights, while in others, as is the case in Jewish law, such a right is independent of the equivalent abuse of rights—kofin. So with other rights such as the right to light or unfair trade competition. An attempt will be made in this essay to show the range and the limits of thekofinprinciple. We will discuss those problems which are dealt with within the framework ofkofineven if their non-Jewish parallel is one which is far from the concept of abuse of rights. Conversely, we will not examine those questions which, in other legal systems, fall within the ambit of abuse of rights but are not looked upon, in Jewish law, as problems to which the rule ofkofinis to be applied, since they have been solved by other legal rules.

Private Prosecution in Nigeria: Recent Developments and Some Proposals

1990 ◽  
Vol 34 (1) ◽  
pp. 53-66 ◽  
Author(s):  
Isabella Okagbue
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
The State ◽  
Traditional Society ◽  
Checks And Balances ◽  
Recent Developments ◽  
The Right ◽  
Appointed Officials ◽  
Government Security

In most modern legal systems the prosecution of offences is conducted by government-employed or appointed officials on behalf of the State. Nevertheless it is generally recognised that private individuals also have an important, if somewhat diminished, role to play in this process. Recent legislation introduced into one of the 21 states of Nigeria has however partially abolished the right of private prosecution except in relation to the offence of perjury. This and the additional controversy surrounding one man's attempts to prosecute two government security agents for the murder of his friend has generated a surge of interest in a topic which has for the most part been largely ignored.This article traces from an historical perspective the role of the private prosecutor in Nigerian traditional society and under its present legal system. An attempt is then made to examine the powers, obligations and importance of the private prosecutor in Nigeria today, and to identify and suggest the checks and balances that are needed to preserve the right of the citizen to seek judicial redress by private prosecution when otherwise justice would be denied.

scholarly journals Efficient Verification Proceedings in a Civil and Arbitration Procedure

2020 ◽  
Vol 12 ◽  
pp. 38-42
Author(s):  
Sergey A. Kurochkin ◽  
Keyword(s):  
Civil Procedure ◽  
Present Stage ◽  
Important Condition ◽  
Effective Implementation ◽  
Fourth Level ◽  
Arbitration Procedure ◽  
The Right ◽  
Judicial Error ◽  
Efficient Verification

Judicial instances are the factors of key importance in ensuring the effectiveness of court protection, an important condition for the effective implementation of the right to correct a judicial error, and minimize the costs of civil litigation. What is the role of appeal and cassation in ensuring the efficiency of Russian civil procedure at the present stage? Do verification procedures need to be rationalized at a fourth level? The answers to these questions are offered.

Patient Rights Within the System of Legal Aid. A Starting Point Towards Medical Anthropology

2020 ◽  
Vol 82 ◽  
pp. 53-69
Author(s):  
Adriana Sylwia Bartnik ◽  
Błażej Kmieciak ◽  
Katarzyna Julia Kowalska
Keyword(s):  
Medical Anthropology ◽  
Patient Rights ◽  
Diagnostic Methods ◽  
Health Examination ◽  
State Of Health ◽  
Legal Aid ◽  
Starting Point ◽  
Right To Information ◽  
The Right ◽  
Context Free

Paper expounds upon the problem of patient rights, taking particular account of the right to information: on one’s state of health, examination, diagnosis, proposed and practicable diagnostic methods, proposed and practicable medical methods, prognosis. The authors also pinpoint that, in a broader context, free legal aid centres operating under the 2015 Act might face up to issues pertaining to patient rights. An answer is also sought to the question of how the realization of the right to information could be enhanced, and the authors furnish recommendations on the matter.

Historical Traditions of the Control of Labour Legislation Compliance

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Legal Framework ◽  
Compliance Control ◽  
Legal Norms ◽  
Labour Rights ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right ◽  
Historical Periods

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

scholarly journals Access To Justice Through Pro Bono Legal Aid

2019 ◽  
Vol 3 (1) ◽  
pp. 30-48
Author(s):  
Anthon Raharusun
Keyword(s):  
Social Justice ◽  
Legal System ◽  
The State ◽  
Access To Justice ◽  
Legal Aid ◽  
Pro Bono ◽  
The Right

The concept of access to justice basically focuses on two basic objectives of the existence of a legal system, namely: First, the legal system shall be accessible to everyone from all walks of life. Second, the legal system shall be able to make fair provisions and decisions to all groups, both individually and in group. The basic idea to be prioritized in this concept is to achieve social justice for citizens of all walks of life. In this connection, the right to legal aid is a small part of the access to justice. The fulfillment of the right to legal aid as part of access to justice means that the state shall use all its resources to realize the rights to progressive legal aid.

scholarly journals Kurator spadku w postępowaniu o przyznanie prawa pomocy przed sądem administracyjnym

2019 ◽  
Vol 16 (2) ◽  
pp. 215-227
Author(s):  
Robert Talaga
Keyword(s):  
Legal System ◽  
Court Records ◽  
Scope Of Application ◽  
Administrative Courts ◽  
The Right ◽  
Reconstructed Model

The present study aims to reconstruct selected issues related to the position of the curator of the estate proceedings before administrative courts. The analysis includes basically applicable procedural regulations supplemented with practice shaped by courts (both administrative courts and common courts). Determining the scope of application of the regulations in force is to facilitate the answer to the question regarding the possibility of applying for the right of assistance by the curator of the estate. The reconstructed model of proceeding in Polish legal system taking into account not only the views presented in the literature, but also the views extracted from previous court records. As a consequence, the article attempts to combine theoretical views with practical views derived from the jurisprudence of administrative courts and common courts.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Sign in / Sign up

Export Citation Format

Share Document