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EN
The first part of the article deals with the questions related to the valid transfer of property rights to the registered share certificate. The second part of the article deals with withdrawal from the contract of purchase of the registered share certificate, especially to the consequences of such withdrawal. The main part of the article is dedicated to the searching of solutions how to solve the problems which arise from the specific ways of transfer of property rights to the registered share certificate (the endorsement) on time after the withdrawal. Searching of stated solutions is focused on the possibility of recovery of the vendor's property right to transferred registered share certificate.
EN
The shrift towards the private ownership in the forestry recourses in the transition countries of the Central and Eastern Europe promotes the forest values and their development in the diversified ways. In this paper, we provide a general equilibrium model assisting in estimation of the forest management practices on the regional level by comparing the different ownership structures and the public policy measures. The model is applied for the county of Banska Bystrica in Slovakia. The results provide an integrated tool identifying possibilities to address strategic development at the regional level that relates to the improvement of local well-being and sustainability applicable in the other regions with the diversified forest ownership structure.
EN
The study examines the effect of the dynamics of the world economy on transformation of the Chinese party-state system. It points out that global recession will bring political changes, just as global expansion led indirectly to economic transformation. The study builds the concepts of transformation of the system and the pace of transformation on an earlier interactive model of the party-state. It examines statistically the temporal and spatial inequalities in the rate of transformation that appear at various levels of aggregation, showing that the changes have proved sensitive to changes in certain economic indices. It points to the predominance of certain types of dynamics in the period examined and changes in the dominance among the characteristic types. The study takes into account the effects of the world recession when projecting the dominance of a new type of transformation dynamic, and sketches the likely effects of the new dominant type on the conditions for political transformation.
EN
The political system of a democratic and liberal state lacks a space free of the necessity to confirm the rational character of authoritative decisions. The most important forum for such a validation is the hearings chamber of the constitutional tribunal. In the United States, the court empowered to make the final appraisal of the constitutionality of decisions made by the state authority, including their rational character, is the Federal Supreme Court, a nine-person collegiate body appointed by the president upon the advice and consent of the Senate, where decisions are made by a majority vote. This is the power referred to as judicial review. When appraising the reasonable character of authoritative decisions made by the legislative and the executive branch, the judicial branch is to be unencumbered by political pressure. In fact, being able to make law, it not only validates, vis-a-vis the constitution, the legality of actions on the part of the other two branches, but also participates in a effective way in the setting out of the conditions of their actions. The judicial branch is thus not only a political arbiter but also creates politics. Freed from political pressure, it is able, at the same time, to exert it. Validating the rational character of the actions of other parties, it faces the need to defend the rationality of its own decisions, bearing in mind that it also sets out the standards. Action on the part of the judicial branch is not limited to the settling of specific disputes based on the existing law. It also sets out the way of settling such disputes in the future. The court does make decisions on the cases of private individuals; however, in the final instance, it is as an arbiter deciding on problems of public policy, which makes it a participant in political disputes.
EN
The exclusion of ever larger pieces of arable land from production is a process characteristic for rural areas situated around large urban agglomerations. The conversion of arable land into plots serving non-agricultural purposes not only reduces the area of fields used in agricultural production but also exerts an influence on the supply of the so-called non-marketable goods such as the landscape or biological diversity. Such conversion may eventually lead to problems with preserving open space around large cities, which have already surfaced in many countries of Western Europe and the United States. At present, land management in Poland is in a large measure determined by the distribution of property rights. The latter can be largely attributed to the decentralisation process continuing since the early 1990s. On the other hand, the need for sustainable land management is surfacing, which calls for the modification of the existing institutional solutions. Both the institutional environment and the institutional system exert a strong influence on the ways in which arable land is used. To draw attention to these problems the author reviewed literature relating to the management of public goods, presented the determinants of increased conversion of land to non-agricultural purposes and made an attempt at defining and assessing the institutional options for rationalisation of the process of arable land's exclusion from production both in the short and long term.
EN
Many controversies have surfaced recently in connection with the legal basis of the model and functioning of hunting in Poland. In accordance with the currently binding legal solutions in this respect the right to hunting is not directly linked to the ownership of land and wild animals constitute a national good whose legal owner is the State Treasury. Such definition of the ownership of wild animals represents a specific way of emphasizing their significance as a supreme value within the natural environment system, as well as their importance for the shaping and protection of the natural environment. To optimize hunting management as an aspect of environmental protection, it is being carried out within selected administrative areas, called hunting inspectorates, which are leased to hunting circles or managed by appropriate institutions. At the same time, issues associated with legal responsibility for damage done by game to cultivated fields arouses serious controversies. This responsibility is transferred to leaseholders or supervisors of hunting inspectorates, who cover the arising obligations from their own resources, including funds obtained from the sale of the wild animals' carcasses which, by law, constitute their property. Such form of legal solutions determines the striving for optimization of hunting management and, simultaneously, limits the responsibility of the legal owner of game for damage done by it.
EN
The article deals with the theoretical assessment of problems of the institute of library (tabular) endurance of rights and formulates partial conclusions in relation to the recodification of the civil substantive law in relation to this legal institute. The authors of the presented article focus on the analysis of the opinions contained in the literature in relation to this legal institute. The article is dedicated to the historical development of the analyzed issues, as well as its current state and possible legislative formulation in the future. The content of the article also presents the analysis of the legal regulation dealing with the above mentioned legal institute in the relevant legislation in selected European countries - that is the Civil Code of the Federal Republic of Germany (BGB), the Civil Code of Austria (ABGB), the Swiss Civil Code (ZGB), the Liechtenstein Act on Right in Rem, as well as the issue of their legislative basis in the new Czech Civil Code and the Hungarian Civil Code. At the end, the article presents proposals de lege ferenda, specifically some proposals of the relevant provisions of the new Slovak Civil Code. The new Slovak Civil Code could be partially inspired by a foreign legal regulation, in case of receipt of the Institute of library endurance of a right. In case that the receipt of this institute would be done, the legislative fo rmulation could be based on the relevant provisions contained in the German Civil Code (BGB) and the Swiss Civil Code (ZGB).
EN
The article seeks to discover what causes can be traced for the economic and social differences that have become permanent or a trend after two decades. Secondly, it analyses what importance this model-like categorization of manifold differences bears. Thirdly and lastly, it examines the sphere of questions to do with the consequences of these differences. The main conclusion is that the community choices are significant, but their role is much less, by comparison with career dependence, than most theories assume. Achievement, to quote Hayek (1995) is borne of human endeavour, not human planning.
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2018
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vol. 66
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issue 4
599 - 628
EN
The authors discuss the legal emancipation of the Slovak or Hungarian woman in family and property relations (as both these relations determine the status of each human individual) which took place in two stages; Firstly, it was while the first original medieval law, which was preserved even in the modern concept of the patriarchal family and subordinate position of women, was effective. Secondly, it was during the century when modern law was born, namely from 1848 to 1948, when women became independent and emancipated in both social and legal relations. The authors identify the key legal norms that helped to create and configure the mile-stones on the slow and long road to female emancipation and transformation of the social and legal awareness of Slovak society. The ambition of the authors is to point out the general conclusions about the status of Slovak woman, reached after reviewing the legal norms, court decisions and jurisprudence.
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