Prawo właściwe dla zobowiązań niewynikających z czynności prawnych w okresie Polskiej Rzeczpospolitej Ludowej

In the communist era, the law applicable to non-contractual obligations was regulated by two acts — the Private International Law of 1926 and the Private International Law of 1965, which dealt with the issue of the law applicable to obligations not arising out of legal action. The object of this study is to present the respective regulations in terms of determining this law. In particular, the author focuses on the analysis of two main connecting factors used at that time to determine the law applicable to non-contractual obligations, namely, the law of the place where the act giving rise to the non-contractual obligation was performed and the law of domicile. In the conclusion of the article the author assesses the solutions presented above from the point of view of both Polish and foreign doctrine.

Conceptualization of the Penology System under Islamic Criminal Law

Islam propounds a culture where everybody follows the rules. Islam aims to preserve peace and tranquillity within the society and thus takes all required legal action to ensure the community against disruptive elements. The notion of retribution in Islam is not the primary law of Islam. They are only imposed as a requirement or series and a vindication of the primary structure of Islamic society. Criminal activity within the revered Islamic order of society is not condoned. Islam aims to change the world by changing its human adherents. Shariah law is focused on the individual rights of persons, but those rights only exist within a framework that stresses the rights of other people. Islam is not against the relative culpability of offenders and how circumstances regulate illegal conduct. Islam is the only religion where its laws and regulations are enforced according to a particular set of laws and regulations. Islam uses a system of proportional punishment. Islamic punishments are entirely justified because Islam takes complete steps to deter crime and inculcates offenders' moral conduct. The Islamic Criminal law has accepted several crimes by offering deterrence, reformative, retaliate and other kinds of punishments to uphold harmony in the community and rehabilitate the offenders. This paper focuses on the Islamic penology and the concept of crime and their punishment and explores its social, historical, and current value

Document of October 10th, 1365 on the Cession of the Benedictine Monastery to the Nuns of St. Clare in Kotor

The first mentions of the nuns of St. Clare in Kotor date from the fourth decade of the 14th century. Their position in that commune improved in the second half of that century. In December 1364, at the request of the Kotor authorities, Pope Urban V asked the Bishop of Kotor, Dujmo II, to restore the former Benedictine monastery due to the needs of the nuns St. Clare. In the presence of the highest authorities of Kotor, on October 10th, 1365, a document on this legal action was issued. It is preserved in a transcript in the manuscript collection II b 21, held in the manuscript department of the Archives of the Croatian Academy of Sciences and Arts in Zagreb. The document contained the act of assigning the monastery to the Clarisses, prescribing the income which was given on that occasion to the monastery of St. Clare, as well as the appointment of Clare of Foro Julius as its first nun. Part of the transferred revenues consisted of communal revenues from fish market customs duties. The second part of the donation consisted of revenues in the amount of two hundred perpers, half of which came from the butcher's slaughterhouse, and the other half from customs revenue on wine. Customs officers or gabellers, ie persons who leased the mentioned revenues, were obliged to take care of the collection of those revenues. Revenues that the monastery of St. Clare received in October 1365 and are mentioned during the 15th century. Dukal of October 15th, 1447, says that the Venetian authorities after Kotor accepted their rule, recognized the right of the nuns of St. Clare on the said revenues. However, Kotor municipal authorities have occasionally challenged the right to collect assigned revenues, as well as the right to elect procurators themselves. That is why the nuns complained to the Venetian authorities, who ordered the Kotor authorities to allow them to enjoy the allocated income and the right to elect procurators themselves. The problem of paying the income from the fish market to the Clarisses was also present at the end of the 15th century, and Venetian authorities had to intervene.

Analisis Penyelesaian Sengketa Ekonomi Syariah Secara Non Litigasi

The aims and objectives of the research are to find out the practice of resolving sharia economic disputes in a non-litigation manner and the application of sharia economic dispute auctions. In order to achieve the aims and objectives, this research uses a normative juridical research method with an approach that refers to the Qur'an, Al-Hadith, ijtihad, legal theory, legal principles and legislation. Sources of data are obtained from the Qur'an, Al-Hadith, books, laws and regulations, court decisions, and so on as long as they are interrelated. The practice of resolving sharia economic disputes in a non-litigation manner can be pursued by arbitration, namely through the Sharia Arbitration Board (“Basyarnas-MUI”) and by alternative dispute resolution methods, namely through Consultation, Negotiation, Mediation or Expert Assessment. This is related to arbitration through the Basyarnas-MUI for the procedures and procedures that have been regulated. Meanwhile, alternative dispute resolution by means of Consultation, Negotiation, Mediation or Expert Assessment has not been sufficiently regulated. Despite this, there is already a National Committee for Islamic Economics and Finance (KNEKS) whose function is to formulate and provide recommendations for solving problems in the Islamic economy and finance sector. In addition to that, there are also arbitration institutions and other alternative dispute resolution, but these institutions have not specifically regulated the non-litigation settlement of sharia economic disputes. The application of sharia economic dispute auctions can be carried out on material guarantees by means of parate execution, executive titles or underhand sales. However, against the auction mechanism, the debtor can still take legal action, namely the cancellation of the auction or resistance / objection to the auction. This of course, apart from being less effective, it does not provide as intended the purpose of the law and legal protection for interested parties.

COURT’S DEFENSE OF PERSON’S RIGHTS IN A SPHERE OF CITY PLANNING BY PUBLIC ASSOCIATIONS: DEFINITION OF A PROBLEM

Unauthorized buildings are enough common problem of city planning in Ukraine. There is very popular practice to receive permissive documents after the beginning of building works and before commissioning. Therefore, effectiveness of activity of the Ukrainian State Architectural Building Service is not high. As a result, last decade some citizens and public organizations take part in struggle with city planning violations. Therefore, an investigation of a normative base of an appropriate activity of public organizations and court’s practice in this sphere is an actual task in purpose of an adoption of some legislative decisions. The author had identified position of Supreme Court on duty to application a rule about legal interest of a plaintiff. Only fact of an unauthorized building is not enough for its stopping on claims of not interested persons. The cessation of a town planning violation is possible only in condition of risk for rights and legal interests of plaintiffs (citizens and / or legal entities) or on actions of authorized state organs. The number of decisions of Supreme Court decided in favor of plaintiffs in cases on the claims of citizens and public organizations regarding unauthorized buildings of apartment buildings and other capital objects of town planning is small enough. Actual procedural legislation and normative legal acts which define a status of public organizations don’t provide its right to take legal action for a defense of rights and interests of legal entities and persons, territorial communities, public interests. Nowadays the question of provision public organizations by procedural interest in appropriate categories of disputes in the legislation kept up. Procedural interest of public organizations, its legal interest directly links to the question of court’s defense of public interests, with an institute of actio popularis. Because such organizations have to defend only public, not personal interest in accordance to its statutory object. It is important to understand that an interest for the stopping of illegal building cannot be personalize as an interest of any citizen. Therefore, it is an actual task to develop theoretical ideas about court’s defense of public interest. Nowadays Ukraine accepted the possibility of the defense of public interests only in spheres of consumer’s rights and ecological disputes. The legal public interest in other spheres of public life is not legitimize for the court’s defense. The author has made a conclusion about potential possibility and necessity of legislative recognizing of the right of public organizations to take legal action for the defense of rights of its members in the sphere of unauthorized buildings.

Shell departure will expose Dutch business risks

Significance The oil and gas giant cited the country’s 15% dividend tax on some types of shares as a key reason behind its decision, while in recent years the company has been subject to climate litigation in the courts. Impacts The government will be significantly more vigilant and protective of key industrial players such as semiconductor producer ASML. Farmers' protests are likely to increase amid worsening constraints over climate regulation and competition for space. Successful legal action over climate change in the Netherlands will encourage similar action in other countries.

The Impact of Some Emerging Technologies in Modern Military Actions

Among the emerging technologies, artificial intelligence represents nowadays an area of interest for all of the states around the world, making the technological progress a huge step in human evolution. The future role of the man in military actions will not be to fight in the field anymore, making decisions on how and when to use the weapons in order to stop the incoming enemy while also respecting the international laws. With the help of technology, humanity could provide its much needed security and put an end to conflicts regardless of their nature, because devices are not capable of emotions and subjectivism, making them transparent and objective and transforming the decision making process into a simpler, fairer and legal action. Technology represents the future and man should adapt to it as soon as possible in order to reach the best outcomes even when it comes to war.

L’héritage d’Henrietta Lacks

Many developments in biology and biotechnology have relied on the HeLa cell line, originally derived in 1951 from a Black cancer patient without her knowledge. This origin became generally known at the turn of the century, and the patient’s descendants have sought and obtained some recognition and some control but little compensation. They have now retained two famous attorneys to sue a biotech firm for very extensive damages, with more legal action planned against other companies. This may have important repercussions for the biotech industry, and raises complex issues regarding ownership of biological material and compensation to patients from whom these materials have been obtained.

Practitioner's Insights – The Importance of Strategic Litigation to Fight Human Trafficking and (Labour) Exploitation

This article calls for an increased use of strategic litigation in the anti-trafficking field to ensure long-lasting systemic reforms. While generally, the prosecution of human trafficking or related severe forms of labour exploitation, like forced labour, is quite challenging and prosecutions and convictions lag seriously behind, it is argued that strategic litigation, meaning continuing legal action, aimed at achieving rights-related changes in law, policy, practice, and/or public awareness, can help to ensure that justice is delivered to victims, as several landmark cases also show. Efforts to counter human trafficking through strategic litigation by NGOs remain in their infancy, among others as they are resource-intensive and require access to experienced lawyers in high level courts. The author discusses some examples and dilemmas and identifies needs for NGOs to use strategic litigation more often as an effective tool to effectuate systemic change.

المسؤولية القانونية للعمل الصحفي في السودان وفقاً لقانوني الصحافة والمطبوعات والعقوبات

This study sheds light on the legal responsibility for journalistic work in Sudan in the context of a number of regulations governing journalistic and media activity in Sudan. The study aims to identify the legal consequences of violating the rules and regulations imposed on journalistic activity in this country, with emphasis on the most notable articles of the law to which journalists could be subjected in cases of violation. The study adopts the descriptive, Analytical and historical methods. At the end, the study has reached a number of conclusions as follows , consequences of violating the regulations organizing journalistic work in Sudan involve legal action , criminal or civil responsibility; Sudanese journalist is subject to a range of regulations on top of the specifically publications regulations including 1991penal code and national security law; Sudanese journalistic institutions should conform with administrative andobligationsimposed by 2009 regulations pertaining to press and publication; large number of people involved in the journalistic domain make it difficult to assign clear responsibility to any of partners in a journalistic criminal offense.