Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  declarative
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Content available remote

The Declarative Trans-cultural Identity of European Adolescents – an Analysis of Texts Published in Trait d’Union

100%
Gajda K.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
|
2015
|
issue 6(37)
95-106
EN
Transcultural identity elaborated upon by Wolfang Welsch is, in my opinion, the answer to the following question: how identity of youth is transformed with regards to globalization, particularism and cosmopolitism. Cultural identity is comprised of a cosmopolitan component but it also includes local affiliation. It focuses on the individual right to create memberships not only based upon one’s national, ethnical or cultural affiliation but rather, it is a coalescence of all aforementioned elements defined from an individual perspective. The membership is subordinate only to individual assessment. Transcultural identity is the awareness of adventure, irregularity and continuity. And it is in this way that European youth perceive and define their identity. They describe their identity as active, nomadic, cyber and performative. This kind of identity is a declarative identity which is also the subject of their writing. The following article aims to describe and define the identity of contemporary European youth and the subject of identity in articles published in The trait d’union – an on‑line journal created in 2004 with support of European Commission. The trait d’union is a platform of European youth communicating and exchanging opinions. It is also a tool used for intercultural teaching. Articles written by youth are an attempt to illustrate their daily experiences connected with globalization, European mobility and trans‑culturalism. These articles are also an interesting source used to analyze contemporary means of communication.
2

Umowne uznanie długu

72%
Wielgus K.
Kwartalnik Prawa Prywatnego
|
2020
|
vol. 29
|
issue 2
199-284
EN
The contractual acknowledgment of a debt is widely recognised and applied in continental legal systems. However, there are great differences between them as regards the effects brought about by the above-mentioned legal act. One can distinguish three different legal models of the contractual acknowledgment of a debt. The distinction is made based on the effects such acknowledgment can bring about in certain legal system. First, the acknowledgment of a debt, as a stipulation in the Roman law, can create a new obligation, which is or is not independent from a prior obligation that is the subject of this acknowledgment (constitutive and abstractive or causal effect). Furthermore, there is also the type of the acknowledgment of a debt that does not create ‘new and (in)dependent legal obligation’, but that serves to settle a conflict. Both these subtypes can be classified as a substantive law model (I). This model has been applied in §§ 780 and 781 BGB (The German Civil Code). On the other hand, there is the acknowledgment of a debt that mainly impacts the civil proceedings – it specifically reverses the burden of proof or waives a party's pleas. This can be classified as a process law model (II). This model has been applied in the former Article 1132 CN (The Code Napoleon). The third and last model is based on both above-mentioned models and constitutes their combination (a substantive-procedural law model). It has been applied in Article 17 OR (The Swiss Obligation Code). The aim of this paper is to analyse which of the above-mentioned models of the contractual acknowledgment of a debt has been applied in the Polish Civil Code. In particular, it discusses whether the parties to such contract are able to create a new obligation (constitutive effect) and whether it is an abstractive or a causal one. The paper also contains the analysis of the declaratory and causal acknowledgment of a debt which is referred to in the German legal system as the Feststellungvertrag. It determines whether such subtype of a contractual acknowledgment is acceptable under the Polish Civil Code. Moreover, the paper also raises legal issues concerning the form and classification of the contractual acknowledgment of a debt and its impact on limitation.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.