Results found: 2

Search results

Search:
in the keywords: cohabitees

Sort By:

Limit search:

Status prawny osób pozostających w związkach partnerskich w gospodarstwach rolnych

100%

Blajer P.

Studia Iuridica Agraria

2013

vol. 11

191-206

The typology of basic attitudes European legislators manifest with respect to the issue of cohabitation may be characterised as either progressive (favourable to the institutionalization of cohabitation relationships) or traditional (allowing for the institutionalization of marriage, construed as a relationship of a woman and a man only). The Polish legislator has consistently supported the latter view. In consequence, de facto relationships imitating marriage, i.e. cohabitation relationships (both of hetero and homosexual nature) do not enjoy the protection and care of the state guaranteed by the Constitution, which, of course, does not mean that the law prohibits such relationships. However, as a rule, cohabitation has remained unregulated, and all attempts to institutionalize relationships of this type, undertaken since 1990s, have ended in failure. To a small extent the social phenomena of cohabitation is reflected at the level of social norms which employ expressions referring to cohabitees, such as “sharing common domestic life”, “being in a de facto relationship”, “close (closest) person”. These expressions are found in many specific legal regulations, including tax law, housing law and social insurance law. In a small number of cases, they may be also found in agricultural law, including in particular the act on the determination of the agricultural system specifying the rules for trade in farmland in Poland. Therefore, these rudimental legal norms only allow for outlining the legal status of cohabitees in Poland, including cohabitees in agricultural enterprises. There are also no general regulations governing the status of women in rural areas, though it should be emphasized that Polish regulations do not contain any formal manifestation of discrimination due to gender, which should be appreciated. Nonetheless, Poland still lacks a more comprehensive state policy aimed at motivating women to enter the job market, which in turn is reflected by scarcity of legal regulations in this respect. Poland’s membership in the European Union has served as a trigger for positive change, and various mechanisms stipulated by the Rural Development Programme, including the Leader approach in particular, containincentives for higher involvement of women in work for the rural community. Nevertheless, these mechanisms continue to be insufficient and are rather first steps in the process of promoting activeness of women in rural areas than the final touch. Therefore one should hope that in future the Polish state will intensify its actions aimed at improving the situation of women in rural areas.

A question concerning the causa of a life community in legal incremental acts between cohabitees

88%

Łukasiewicz J. M.

Studia Prawnicze

2013

issue 1 (193)

113-130

The aim of this publication consists in presentation of the issues of causa in civil-law incremental acts between cohabitees. In the introduction the Author presents the meaning of the very notion of causa in the Polish civil law, defines the notion of a consideration and describes the issues of an undue consideration. Causa donandi, causa obligandi and causa solvendi are presented here. The principle of causality in the Polish civil law and its criticism are presented at the same time. However, the main aim of the publication consists in deciding whether settlements between former cohabitees may be based on so-called causa of a life community.

Refine search results

1 Studia Iuridica Agraria

1 Studia Prawnicze

1 Blajer P.

1 Łukasiewicz J. M.

2 2013

Search results

Status prawny osób pozostających w związkach partnerskich w gospodarstwach rolnych

A question concerning the causa of a life community in legal incremental acts between cohabitees