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Ius Novum
|
2010
|
issue 3
110-131
EN
The work is aimed at introducing the political background, as well as legal solutions, regulated at the level of standard legislation (within the scope of civil and agricultural law) and referring to testamentary inheritance of farms. Due to the universality of a holographic (personally hand-written) will in the rural areas, the author presents just this form of testament giving numerous examples of court decisions regarding the definition of an agricultural farm as well as the rules of inheriting it. The article also discusses the evolution of legal solutions connected with the abolition of some formal and legal conditions for the inheritance of agricultural farms. The work finishes with conclusions containing a suggestion that a German farm inheritance model is the one that would probably have an effective impact on the improvement of the Polish agrarian structure. But it would be connected with the necessity to introduce significant legislative changes in the area of farm inheritance and this seems to be impossible at present.
Ius Novum
|
2009
|
issue 4
95-109
EN
The aim of the work was to show the varied forms of social dialogue that is functioning in Poland based on the political system principles contained in the Constitution of the Republic of Poland and specified in parliamentary acts. The author classifies social dialogue as classical social dialogue (sensu stricto) comprising only relations of public authorities and representatives of labor and capital and social dialogue sensu largo being a result of the development of civil society and democratic structures of the state, highlighting that trade unions are not the only social partner of the state. The article also discusses the law creation aspect because it speaks about parties which influence the legislative process. In order to reach the above mentioned aim, the author uses a dogmatic method. The normative material which enables writing the article refers to the Constitution, parliamentary acts creating the law on religious denominations, administrative law and collective labor agreements. Apart from that, the author used extensive literature on the above mentioned fields of law. Having this in mind, it can be stated that Polish constitutional regulations encourage development and formalization of social dialogue which is becoming a vital element of civil society and a transparent state.
EN
The paper analyses in detail the changes in civil procedures between 1989 and 2011. The analysis includes political and legal conditions affecting the accepted procedural solutions. It describes legislative developments in the successive parliamentary terms. Also, the authors present the intensive changes to the aforementioned law and the frequency of the initiatives proposed by the authorized bodies; this includes the adequate statistics and the information about the length of proceedings in the individual component chambers. The paper presents a comprehensive, unique deliberations on legislation, including judicial decisions of the Constitutional Tribunal as a negative legislator which initiates legislative work of the Civil Law Codification Committee, as well as the amendment to the civil procedure proposed by the Minister of Justice.
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