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1

Generalna zasada kauzalności – czy rzeczywiście przebrzmiały spór?

100%
Olechowski M.
Studia Iuridica
|
2016
|
vol. 64
113-126
EN
In 1952 Witold Czachórski posited as a general principle of Polish contract law that legal actions leading of a transfer of wealth require for their validity a proper cause; the rule was construed as a mandatory one and precluded the creation of abstract obligations unless expressly permitted by law. Czachórski’s theory was underpinned by an in-depth analysis of the entire body of civil law, as well as axiological considerations that emphasized the need to control contractual fairness (Section 1). After 40 years of largely uncontroverted acceptance the rule was abruptly abandoned by the Supreme Court on grounds of freedom of contract (Section 2). Despite its fundamental nature, this change was not accompanied by any in-depth discussion in legal doctrine (Section 3). While unsatisfactory on a theoretical level, it seems in retrospect that this was, at a time of systemic transformation to a liberal market economy, a pragmatic and perhaps inevitable approach that served to further the newly re-established principle of freedom of contract. Paradoxically, however, with the contemporary shift to a more control-oriented approach to freedom of contract it would not be entirely surprising to see a rebirth of the role of cause and of Czachórski’s theory some time in the future (Section 4).
2

Artykuł publicystyczny w tygodnikach społeczno-politycznych. O kilku dualizmach

88%
Kula A.
Oblicza Komunikacji
|
2013
|
vol. 6
47 - 59
EN
Texts dealing with power or the government can be found in modern journals and newspapers almost everyday; they differ in terms of genre, function, style and pragmatics. Socio-political journals are among important sources of such articles; they are frequently categorised as a rather homogeneous group (e.g. in research on readership or in media studies), which nevertheless construct, as I demonstrate in my analyses, messages which are the result of completely different interpretations of the art of feature journalism. In this paper I analyse the feature article as a classic genre, considered by both theorists and practitioners to be the most typical form of feature journalism. Properties of feature articles can be arranged by means of several distinctive dualisms indicating certain compositional, textual and stylistic links (temporality-arguability, private perspective-public perspective, the specific-the abstract).
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