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Pieniądze i Więź
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2009
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vol. 12
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issue 1(42)
2020-210
EN
The article describes two, very important from the social transformations' point of view, functions of law: adaptive and modernizing. Adaptive function of law consists in adapting the content of legal norms to extralegal rules (social, moral). On the other hand, a modernizing function of law displays itself in forming and modifying these standards by law. The occurrence of adaptive and modernizing functions of law is particularly important because of the fact that practically every new legislative regulation presupposes certain social consequences. Therefore, it is worthwhile to examine whether certain rules of law are actually capable of achieving the goals established for them. The process of adapting the law to social norms, and vice versa, is particularly visible in the so-called multiculturalism policy. This consists in recognition of the cultural diversity of societies, which manifests itself particularly in ensuring national and ethnic minorities' rights to develop and maintain their own separate cultural identity. It turns out that law can be successfully used to develop multi-cultural national consciousness. On the other hand, countries' legal systems, in which there are a number of national and ethnic minorities, do not remain indifferent to such specificity. As an example of best legislation in this area the author presents Canadian legal system, especially the protection of human rights.
Pieniądze i Więź
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2009
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vol. 12
|
issue 4(45)
189-194
EN
The article summarizes the issues connected with mode of compensation and redress for internment during martial law in Poland in the years 1981 - 1983, adopted by the Polish legislator. The author criticizes the judicial procedure to assert the above mentioned benefits, considering it to be cumbersome and irrelevant to social reality, and also too complicated. A better solution seems to be adopting a mechanism of administrative procedure, which would shorten waiting time for the benefit and saved the people, interned under martial law, from having to run a judicial mode of redress, in the absence of a dispute in a particular case, as to the reasonableness of the granted benefit.
EN
The article discusses one of the important problems of the Polish transformation, which consists in civil claims directed against the Third Republic by the holders of pre-war treasury bonds. Therefore fundamental question arises, whether the current Polish state is the inheritor of the legal heritage of the Second Republic and the Polish People's Republic. The behaviour (action or inaction) of state bodies in this area is also extremely important, particularly in regard to the standards of a democratic state of law. The authors emphasise the need for comprehensive regulatory legislation in civil law matters related to the settlement of the past.
EN
The article presents a collective entities' responsibility in the Polish law for the offenses against law on the example of co-operative savings and loan associations. The authors analyze the conditions for this liability, its legal nature and briefly characterize co-operative savings and loan associations. According to Article 2 Paragraph 1 of the Act of October 28th 2002 on collective entities' responsibility for acts prohibited under penalty, the collective entity is a legal entity and the establishment of a non-legal entity, which is granted with legal capacity by separate regulations, excluding State Treasury, units of local self-government and their compounds. Co-operative savings and loan associations have a form of credit co-operatives, and thus have a legal personality, are collective entities under Polish law and should be prepared for any opportunity to bring them not only to civil liability, legal-administrative liability but also to the liability of a repressive character, similar which criminally responsibility, but not having, according to authors of the article, such character.
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