INTERPRETATION OF THE TERM EMPLOYER IN ARTICLE 3 OF THE POLISH LABOUR CODE

The article discusses concepts related to the legal definition of the key term in the Polish labour law system ‒ the concept of employer. The author presents the evolution of models and concepts for both individuals and organisational units acting as employers. The article addresses the issue of corporate links and the influence of such links on the definition of an employer, as well as the problems related to the qualification of a civil partnership.

Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes

Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.

Establishing a State-civil (municipal-civil) partnership mechanism to develop the market of services for citizens over working age: A conceptual approach

Subject. This article discusses the issues of implementation of a public-civil partnership mechanism to provide services for persons over the working age in Russia. Objectives. The article aims to develop principles of formation and implementation of the mentioned mechanism. Methods. For the study, we used the methods of selective analysis, generalization, and the systems, and logical framework approaches. Results. The article describes the basic services provided for persons over the working age and articulates certain principles of implementing the mechanism of State-civil (municipal-civil) partnership. Conclusions. The elements of the agreement on State-civil (municipal-civil) partnership should be clearly regulated. It is important to ensure a sustainable increase in the capacity of social infrastructure facilities for persons over the working age.

MEMBERS OF THE LGBT COMMUNITY UNDER ARTICLE 12 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS

The author presents the most significant decisions of the European Court of Human Rights regarding the right to marriage for members of the LGBT community. From the analyzed cases, we can follow the development of this right for members of the LGBT community, on the basis of which they were given the opportunity to conclude the so-called civil partnership. At the same time, the author's paper distinguishes between cases in which there has been a change of sex and, accordingly, certain problems with regard to the exercise of rights under Article 12 of the Convention.

4. Discrimination

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on ss 4–12 Equality Act 2010. The Act protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also protects people from discrimination by association with someone who has one of the protected characteristics and from discrimination by perception (eg discrimination because of sexual orientation includes discrimination against those one perceives to be gay, even if they are not).

Public sex, private intimacy and sexual exclusivity in men’s formalized same-sex relationships

This article revisits the personal stories that younger male civil partners told about their sexual practices, in what most termed their ‘marriage’, to generate insights into the extent to which they succumbed to the dangers that critics of same-sex marriage foretold. It provides a baseline analysis against which the findings of future studies of both heterosexual and same-sex marriages and civil partnerships can be compared. The data we discuss are comprised of joint ( n = 25) and individual ( n = 50) interviews with couples. Participants’ stories about ‘public’, ‘private’ and ‘exclusive’ sex can appear to support the predictions of some key critics. Participants tended to make commitments to sexual monogamy and link their sexual practices to deepening couple intimacy. However, viewed as stories of socioculturally shaped and biographically embedded sexual practices, they offer insights into the more complex relationships between civil partnership, marriage, sexual exclusivity and intimacy. On closer examination, they suggest it is not simply the case that civil partnership or same-sex marriage (and marriage more generally) ‘imposes’ heteronormative sexual conventions but that relational biographies are significant in shaping simultaneously conventional and deconstructive approaches to married sexuality. Partners in formalized same-sex relationships do not simply follow heterosexual norms. Rather, they juggle the often contradictory norms of mainstream and queer sexual cultures. Understanding the implications for marriage as an institution requires approaches to analysis that do not pose heterosexual marriage as the ‘straw man’ of queer analysis.

COMMENTARY TO THE JUDGMENT OF THE NACZELNY SĄD ADMINISTRACYJNY OF 4 JUNE, 2013, REF. NUMBER ACT: II FSK 1534/12

The glossed judgment of the Supreme Administrative Court mainly concerns tax issues related to a civil-law partnership, including in particular the regulations of the Act of August 29, 1997 Tax Ordinance and the Act of July 26, 1991 on personal income tax. However, the NSA in the voted judgment also raised the issue of the principles of maintaining bank accounts for civil-law partnerships that are present in trade. This gloss does not cover tax aspects, but only the issues of a civil-law partnership as a bank client and the aforementioned rules for maintaining bank accounts in such cases. The author shares the view of the Supreme Administrative Court, according to which The bank cannot keep a settlement account for a civil partnership. However, such an account may be kept for the partners of this company (as a joint account - Art. 51 of the Banking Law) and presents arguments supporting this view

2. Marriage and Civil Partnership

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?