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Charakter prawny odszkodowania za dyskryminację w zatrudnieniu

100%
Paweł C.
Praca i Zabezpieczenie Społeczne
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2012
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issue 2
26-31
EN
Implementation of EU antidiscrimination law evoked in Poland a few theoretical issues that has not been solved so far. One of those appeared in relation to the nature of compensation for discriminatory treatment. In the article the author analyzes the purpose of the compensation and its consequences for setting the amount of it. The author notes that traditionally, the only purpose of civil compensation is to reimburse the plaintiff for damage. It is not clear whether it is true in relation to compensation for discriminatory treatment. The author writes that in Polish doctrine appeared an opinion that compensation for discriminatory treatment is directed not only to compensate the employee but also to punish and deter the perpetrator, and in fact it has some characteristics of a criminal sanction. The author is in favor of that view but he adds to it some reservations.
2

Femmes, joual et figure du traducteur: version polonaise d’Albertine, en cinq temps de Michel Tremblay

80%
Chrupała A., Warmuzińska-Rogóż J.
Romanica Wratislaviensia
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2012
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vol. 59
331-343
EN
The aim of the present article is to present the problem of translating into Polish the joual, which is one of the important elements of the oeuvre of the Quebecois playwright Michel Tremblay. Using the play Albertine, in five times and its Polish translation by Jacek Mulczyk-Skarżyński, the present authors demonstrate both the specific nature of the original text and the characteristic features of the joual as well as the strategies applied by the translator. Albertine, in five times is a unique combination of the world of female characters and joual, inextricably connected with them, which means that such an important element of the text should be rendered in a translation with particular care. In the analysed corpus, the translator acquits himself well on the whole, although the technique he chose (compensation, mainly on the lexical level) brutalises the target language text. Of significance is the translator’s young age, which is also revealed in the lexical items he chose. Thus the translation itself shows the translator’s influence on the final text.
3

UPLATŇOVANIE PRÁVA NA NÁHRADU ŠKODY V DÔSLEDKU ZNEUŽITIA SÚŤAŽNÉHO PRÁVA EÚ (ZÁKLADNÉ VÝCHODISKÁ)

80%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 6
443 – 457
EN
According to the case law of the Court of Justice of the EU, every injured party has the right to compensation due to the abuse of participation in competition. Competition authorities cannot rule on private law claims arising from breaches of public competition law, as this jurisdiction lies exclusively with the national courts. Any infringement of competition law is undesirable because it is linked to interference with the competition system as a whole, as well as with an interference with the property sphere of the persons concerned. The author points to the development of private enforcement at EU level before the entry into force of the Private Enforcement Directive, discusses the development of the Court’s approach to claiming damages for breaches of competition law, the Private Enforcement Directive and the Competition Compensation Act.
4
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Usługa publiczna w transporcie – problemy definicyjne

80%
Jarecki S.
Kontrola Państwowa
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2012
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vol. 57
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issue 5(346)
80-91
EN
The article attempts to define the concept of a public service in transport used in Article 93 of the Treaty on the Functioning of the European Union. Article 93 of the Treaty is the basis for providing public aids for reimbursements for costs incurred as a result of discharge of public services by transport companies. In Poland, those reimbursements are the most common form of public aid in the sector. So that these services are treated as public aids it is necessary to prove that they refer to public services in accordance with the Community law. Still, none of EU legal acts set forth a definition of these services. This leads to various interpretations applied by both Polish authorities and the European Commission and consequently companies that organise public transport have to operate in an unclear legal situation.
5

OBLIGATORY DEDUCTIONS IN THE ROMAN LAW

80%
Kurswa S.
Myśl Ekonomiczna i Prawna
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2008
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issue 1(20)
164-175
EN
The aim of the article is to explain the Roman roots of one of the forms of a deduction, i.e. a compulsory deduction, which is normalized in the Polish legal system by articles 498-505 of the civil code. Basing his analysis on the origins of Roman law and the subject literature, the author establishes the substantive and legal reasons for a deduction (subjective and objective ones). He explains the character of changes introduced to this institution by the law of Justinian. He solves the problem of the admissibility of compensation 'ipso iure', introduced in the Justinian's constitution of 531. The article enables to draw a conclusion that there is a correlation between the deduction requirement in the Polish civil law.
6
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Dochodzenie odszkodowania i zadoscuczynienia w sprawie medycznej przed sadem powszechnym a komisja do spraw orzekania o zdarzeniach medycznych

70%
Huzarska D., Nowacki P.
Archeus. Studia z bioetyki i antropologii filozoficznej
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2011
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vol. 12
73-88
EN
On January 1, 2012, new legal regulations came into force which determined the procedure before Commission for Medical Incidents in Poland. Accordingly, the patient will be able to decide whether claim for compensation and redress for improper treatment before court of justice, just like before, or before the new commission. The article presents legal regulations concerning proceedings of the above-mentioned commission and differences in claiming compensation before the commission and court of justice. Emphasis is put on advantages and disadvantages of the new procedure.
7

NIEKOĽKO ÚVAH K URČOVANIU VÝŠKY NÁHRADY NEMAJETKOVEJ UJMY V PENIAZOCH

70%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 4
321 – 332
EN
The article deals with the issue of determining the amount of compensation for non-pecuniary damage for unjustified interference in the immaterial sphere of the person. Determining the amount of compensation is problematic. The Slovak legislation provides almost no guidelines in this respect, and any limits or boundaries within which the court can move when awarding compensation. In practice, therefore, court case law and the established decision-making of the courts are of great importance, which have more or less developed a system of aspects that may influence the amount of compensation awarded. In the present article we try to provide an insight into the established case law and individual criteria, which we confront with the legal-theoretical interpretation.
8

SUBJECTIVE THEORIES OF PERSONAL IDENTITY AND PRACTICAL CONCERNS

61%
Bělohrad R.
Organon F. medzinárodný časopis pre analytickú filozofiu
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2015
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vol. 22
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issue 3
82 – 301
EN
This paper focuses on three theories of personal identity that incorporate the idea that personal identity is the result of a person’s adopting certain attitudes towards certain mental states and actions. The author calls these theories subjective theories of personal identity. He argues that it is not clear what the proponents of these theories mean by “personal identity”. On standard theories, such as animalism or psychological theories, the term “personal identity” refers to the numerical identity of persons and its analysis provides the persistence conditions for persons. He argues that if the subjective theories purport to provide a criterion of numerical personal identity, they fail. A different interpretation may suggest that they purport to provide a non-numerical type of identity for the purpose of providing plausible analyses of certain identity-related practical concerns. The author argues that the criteria the subjective theories provide fail to capture several of the identity-related concerns. As a result, this interpretation must be rejected as well.
9

PASÍVNA LEGITIMÁCIA PRI ZÁSAHOCH DO CTI, DÔSTOJNOSTI A DOBREJ POVESTI VÝROKMI OSÔB POUŽITÝCH PRI INFORMOVANÍ O VÝKONE VEREJNEJ MOCI (1. ČASŤ)

61%
Kerecman P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 3
208 – 228
EN
Honour, dignity or reputation can be affected by, among other things, statements made by leading politicians, spokespeople for state institutions or the content of press releases provided to the media when informing them about the exercise of public authority. Since the media, further disseminating this information, are not responsible for its veracity, it is necessary to reliably identify the entity responsible for such effects. Slovak judicial practice assesses actions in these cases under the provisions of the Civil Code on protection of personal rights and concludes that the entity responsible for the effect is not the state, but the state institution responsible for the statement of the natural person, because that person does not act directly on behalf of the state. However, these conclusions were drawn without careful consideration being given to the possibility of judging these claims under the Public Liability Act. When examining this problem, it is also necessary to address the theoretical starting point of the problem. In particular the nature of the liability of the state and state institutions, the requirements for there to arise liability for damages and nonmaterial damage outside the exercise of public authority, the nature and extent of liability for damage and non-material damage in the exercise of public authority, the interrelationships between the rules governing liability in both cases and also the concept of liability for others in the conclusions of legal theory and practice.
10

PSYCHOMETRIC PROPERTIES OF CZECH VERSIONS OF ACADEMIC AND SOCIAL SELECTION, OPTIMIZATION, AND COMPENSATION QUESTIONNAIRES

61%
Millová K., Malatincová T.
Studia Psychologica
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2021
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vol. 63
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issue 4
369 - 392
EN
The study deals with the psychometric characteristics of the Czech versions of Academic and Social Selection, Optimization, and Compensation (SOC) questionnaires. Self-report data were collected in a sample of 618 university students aged between 19 and 30 years. McDonald’s omega coefficient was used for reliability estimation; construct validity was tested by confirmatory factor analysis and principal component analysis. Criterion validity was tested in a series of regression analyses. The instruments have adequate reliability – 0.73 to 0.84 for Academic SOC and 0.70 to 0.79 for Social SOC scales. Confirmatory factor analysis did not corroborate the original model proposed by Geldhof et al. (2012), except for the Loss-Based Selection factor. Post-hoc exploratory principal component analysis further supported these results. It turned out that the items were clustered according to different criteria compared to the original dimensions. Our results support newer findings, pointing to differences in the structure and employment of SOC strategies in young and older adults. We recommend that the Academic and Social SOC are revised in accordance with these recent findings and other methodological considerations.
11

ŠTÁTNY DEPARTMENT USA: KOMPENZÁCIA VERZUS ČESKOSLOVENSKÉ MENOVÉ ZLATO V ROKOCH 1948 – 1961

61%
Michálek S.
|
2021
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vol. 69
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issue 2
293 – 316
EN
After the end of the Second World War, Europe and the whole world faced a multitude of open questions and problems. The significant issues included dealing with the results of the war and the establishment of an international order that would minimalize the possibility of the outbreak of another world conflict. We know today, that after the defeat of the common enemy, the world did not follow the course of co-operation, but of bipolar confrontation of the USSR and USA, two super-powers with regimes based on different values and ideologies. Some questions were successfully solved, but others remained unsolved mainly for political reasons. They dragged on through the decades of the Cold War and were reflected in bilateral relations. Those concerning Czechoslovakia and Czechoslovak – American relations included the issues of the Czechoslovak monetary gold and compensation for American property in Czechoslovakia nationalized in 1945. The present study have limited the problem of the Czechoslovak gold and compensation to the question of how the US State Department dealt with these problems, or what influenced its actions, especially in the 1950s.
12
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Odzyskiwanie pamięci i rehabilitacja ofiar reżimów w ustawodastwie polskim i hiszpańskim

41%
Dobkiewicz M.
Studia Europaea Gnesnensia
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2012
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issue 5
145-155
PL
The article addresses the efforts of Spaniards and Poles to give a shape to collective memory associated with the period of dictatorships. One of the upshots of these actions is the Spanish memory bill (Ley de Memoria Histórica) and two Polish acts which invalidate verdicts passed against persons persecuted for being involved in the struggle for independent existence of the Polish State and the Act on veterans and persons who fell victim to wartime and post-war repressions. From the text of the Spanish bill one might infer that it does away with Spain of one predominating official memory which eulogized Franco, and replaces it with another one – a memory which is an elegy to Franco’s victims. In Poland, the bills draw on the tradition of independence movements, so as to convince the populace of the will to make amends and to render justice to the aggrieved.
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