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Prawo
|
2015
|
issue 317
123 - 131
EN
The paper presents the institution of disinheritance in Polish civil law by comparing it with a corresponding institution set forth in the law of Louisiana (the USA). The comparative method applied allows the disinheritance examination from a completely different point of view. It is worth mentioning that the mixed legal system is in force in Louisiana, comprising the elements of the continental and common law. The mixed legal systems are nowadays perceived as examples for any codifications in the world. The paper leads to the conclusion that Polish regulation of the disinheritance in the light of rules of proper legislation leaves much to be desired. Polish provisions on disinheritance are misplaced in the Civil Code without separate chapter, their content is insufficient and their application in practice raises many doubts. In this respect, the corresponding provisions of the Louisiana Civil Code outmatch the Polish provisions both in quality and quantity, providing more comprehensive and precise regulation. Comparing these two legal systems, it is desirable to provide a separate chapter in the Civil Code for the institution of disinheritance as well as introduce more detailed and precise provisions— in particular on the reasons for disinheritance.
EN
Since the mid-20th century, there is a noticeable strengthening of the creative functions of everyday documents, which are contained in the photographs and films. Previously, culture was dominated by the opposition of documentary and artistic functions. One of the earlier attempts to compromise these areas was photographic pictorialism. Avantgarde tendencies led eventually to balancing the status of photography considered in the context of category of the document, as well as the context of creation. It was the harbinger of conceptual art, where each visualization was understood as art document. Collections of existing images are treated today as a global archive where we can find material for new narratives. They are constructed on the basis of traditional narratives, their transformations, technical systems and any logical sequences. They contribute to the creation of a new visual culture of communication.
EN
My intention is to describe essential artistic strategies associated with conceptualism mainly by highlighting examples of artists associated with the Wroclaw milieu, one of whose strategies included using so called new media, that in the 1960s and 1970s were photography, film and video. This strategy opened the concept of art to the influences of mass culture, everyday life, to the issues of broadening perception and manipulating information. Confrontations and contradictions between the use of new media and classic art forms were expressed by within the milieux and by the various generations of artists causing acute polemics in Poland in the mid-seventies. First I want to focus on the arguments supporting the analysis of photomechanical media, as an essential artistic problem. In Polish art, pioneers of such an awareness were Zbigniew Dlubak and Zbigniew Staniewski. Since 1970 it was expressed in the program of the Permafo group (Dlubak, Natalia LL, A. Lachowicz) and then within other artistic groups, including Foto-Medium-Art and by Jerzy Olek. They were in touch with similar tendencies in Lodz, Krakow and Warsaw. Photomedialism preferred an objective criteria of activities and an openness towards the rules of visuality and the laws of nature typical for documentary movies. On the other hand, it could not exist without pointing at the subject of the creator and its subjective conditions. So the criteria of media and personality interweaved in artistic practice, but also appeared as antagonistic. It was best seen in the work of Natalia LL, who pointed at the instrumental blindness of the photomedialists, even though she paid a lot of attention to media issues herself. The reduction of the role of art objects in conceptual art on behalf of a person and his/her life activities required a search of the personality which often reached the broadest cultural references, associated with philosophy, religion or mythology. It is well illustrated by the artistic activity of Natalia LL and Andrzej Dudek-Durer, anchored in conceptual art and constantly developing through the confrontation of corporality and mental power combined with the language and communication possibilities offered by media.
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EN
An artistic phenomenon called the ‘Pitch-In Culture’ distinguished the Łódź artistic scene, although it actually reflected the situation in the whole country during the eighties and that is the reason why it attracted artists from different towns and various generations. The most radical arts programme emerged across the entire spectrum of independent artistic activities in Poland after martial law and it was different from art directly connected with political opposition or religious motives. I observed some ‘Pitch- In culture’ actions in Łódź, however I prefer to talk about the way the phenomenon was situated in the broader context of the situation for the arts communities in Poland. Since the mid fifties the art circuit had become stronger and stronger, becoming an alternative to official culture. The totalitarian system was conducive to bureaucratic stagnation, so young artists, who were interested in new media and a non-conventional means of expression, created their own network of artistic groups, galleries and events, most often associated with so called ‘student culture’. In the seventies these artistic communities was numerous and multi-generational. Their basic need was selfeducation and generating a network of private contacts in the country and abroad as well as mutual support within art groups and collective shows. The situation after martial law strongly underlined the need to continue to communicate, deepen the knowledge and keep contact with the essence of modern art. The fight for an artistic awareness ran parallel to the fight for political freedom and historical truth. It was not about randomly adding whatever, but moreover about adding something that was considered valuable to the culture that was practiced at the time. For me, as an art historian it was important to broaden the knowledge and preserve the facts about modern art history. Independently of my work in the museum, I participated in a team directed by Professor Aleksander Wojciechowski, who worked on the history of the neoavant- garde in Lower Silesia. Jerzy Busza also appointed me a member of the editorial board of the Obscura bulletin (1982-1990), in which we published important texts that had not been published before in Poland and which explained the sense of modernist and post-modernist ideas. The monthly edition was published as the Federation of Amateur Photography Associations allowed us to publish it as their bulletin. This may all be described as progressive activities in the face of the lack of institutional support at the time for various forms of culture.
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