polish law
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2021 ◽  
Vol 9 (2) ◽  
pp. 153-154
Author(s):  
Józef Budniak
Keyword(s):  

Lucjan Świto: Zawarcie małżeństwa przez pełnomocnika w formie wyznaniowej ze skutkami cywilnymi w prawie polskim [Entering into a marriage by proxy in the denominational form with civil consequences under Polish law]. Olsztyn: Wydawnictwo UWM, 2019, 254 pp


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 575-581
Author(s):  
Zbigniew Hajn

The presented study concerns the concept of a “trade union organization covering the entire work establishment”. In this study an attempt was made to answer the question whether the term means that the trade union organization must actually conduct activity in each unit of the work establishment in the objective sense, or it is sufficient when, in accordance with the statute or other union resolution defining the subjective scope of its activities, the trade union activity covers the workplace as a whole. The research is based on a dogmatic and legal analysis of Polish law as well as on case-law and legal writing. As a result of the considerations, the Author comes to the conclusion that the status of a work establishment trade union organization is determined by specifying the subjective scope of its activity in its statute or other union resolution. Fears that such a solution to the problem enables the dictatorship of a minority in the workplace can be neutralized by making union rights conditional on the representativeness of a trade union organization also where there is only one such organization in the workplace


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 439-444
Author(s):  
Zbigniew Hajn

The presented study concerns the concept of a work establishment trade union organisation after the changes introduced to collective labour by the Act of 5 July 2018 amending the Act on Trade Unions and certain other acts. Its main purpose is to consider the impact of changing the concept of an employer on the concept of a work establishment trade union organisation. The research is based on a dogmatic and legal analysis of the provisions of Polish law as well as on case-law and legal writing statements. As a result of the considerations, the Author comes to the conclusion that the above-mentioned changes to the legal regulations create complications that are difficult to explain. In the Author’s opinion, the only way out of the legal impasse would be to change the law by assuming that the employer within the meaning of Article 3 of the Labour Code and within the meaning of the provisions of collective labour law is an entity with legal capacity within the meaning of art. 33 and art. 331 of the Civil Code.


2021 ◽  
Vol 27 ◽  
pp. 423-429
Author(s):  
Violetta Kwiatkowska-Wójcikiewicz ◽  
Józef Wójcikiewicz

The comment deals with the evaluation of (not only) Serbian law concerning taking body samples for DNA examinations. The authors share the arguments of the dissenting opinion from the judgment in question that the phrase “other medical procedures” was at that stage sufficient for such a procedure. A comparative analysis of the Polish law is also conducted.


Author(s):  
Adam RUCIŃSKI ◽  
Mateusz DALBA ◽  
Rafał LASKOWSKI

The paper treats with refrigerants which affect on excessive heating of atmosphere. They are in group offluorinated greenhouse gases which are regulated by European and polish law. The main aim is to lower their amount in industry leading to overall removal from use. We present possible way to design refrigeration system lowering their adverse effect on natural environment. So three options of cooling systems are analyzed: one-stage refrigeration system working with R449A, cascade refrigeration system with R744 (carbon dioxide)/ R134a and R717 (ammonia) refrigeration plant. Due to the nowadays raising use of the cascade systems, an analysis of the operating parameters of such installation was carried out with considering the cascade heat exchanger as a condenser/evaporator. The installations concerned are three alternative offers for meat processing manufactory. A thermal balance was prepared for chambers located in building and the operating parameters of the installation were assumed. The equipment corresponding to the required cooling capacities were selected.


2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.


2021 ◽  
pp. 343-364
Author(s):  
Fryderyk Zoll ◽  
Katarzyna Południak-Gierz ◽  
Wojciech Bańczyk
Keyword(s):  

Author(s):  
Paweł Koczkodaj ◽  
Paloma Cuchi ◽  
Agata Ciuba ◽  
Elwira Gliwska ◽  
Armando Peruga

Prevalence of smoking and e-cigarette use among teenagers in Poland is high. Polish law bans most advertising and promotion for cigarettes, e-cigarettes, and heated tobacco products (HTPs). This study investigates marketing for these products at points of sale (POS) near secondary schools in Warsaw, Poland, noting if the advertising and promotion were allowed under current Polish laws. All POS within 250 m radii of five selected secondary schools in each of three Warsaw districts were assessed for tobacco and e-cigarette direct advertising, inside and outside; offers of gifts or promotional discounts; tobacco merchandising, and tobacco displays. Of the 112 POS surveyed, 83% exposed customers to some form of advertising or promotion of cigarettes, e-cigarettes, or HTPs; in 76%, advertising or promotion that violated Polish law was present. More than 80% of POS surveyed displayed tobacco products; in 19%, these products were displayed near products of interest to minors. POS density observed here was 30.3 per km2, higher than in other European cities. In Poland, a high proportion of POS near schools violates the law banning the advertisement and promotion of tobacco and nicotine consumer products through a dense tobacco retailer network.


2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.


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