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Pojęcie konkubinatu w świetle polskiej doktryny i orzecznictwa

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Oszkinis B.
Miscellanea Historico-Iuridica
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2014
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vol. 13
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issue 2
193-215
EN
Accepted by some groups of people and condemned by others, informal relationships have been recognized but not defined by the Polish legislator. In the absence of legal definition it is a task of legal scholars and judges to establish what kind of relationships can be classified as falling under the heading of the equivocal expressions used by the legislator in legal acts. Traditionally, concubinage is deemed as a relationship of that kind. However, it is highly controversial how this type of informal union should be defined. In the first part of this paper the author presents opinions of the legal scholars and judges on the constitutive features of concubinage and proposed definitions of the term. In the second part he analyzes presented data and proposes a typological defini- tion of concubinage which on the grounds of Polish legal tradition can be described as a heterosexual, stable, (not necessarily) notorious relationship of two (or more) people who live together (or not). The cohabitants cannot be legally married and have to form a life communion (characterized by the existence of emotional, physical and economic sensu largo bonds). The union has to be seen by them as an autotelic value and cannot (even potentially) be against the law.
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Możliwość skorzystania przez małoletniego z określonych świadczeń zdrowotnych bez zgody przedstawiciela ustawowego

100%
Oszkinis B.
Zeszyty Prawnicze BAS
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2024
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issue 3(83)
243-253
EN
This opinion is an analysis of the Deputies’ Bill Amending the Act on Patient’s Rights and the Patients’ Rights Ombudsman and Certain Other Acts. The author indicates that the Bill, which provides for the possibility for a minor to receive certain health services without the consent of a legal representative, may result in a disproportionate interference in the sphere of constitutionally protected parental authority and the rights of the guardian. In addition, the proposal may violate the constitutional principle of equality in regard to access to services by unjustifiably favouring minors over the age of 16. The author also notes the lack of consistency of some provisions with the existing normative solutions and raises doubts about the possibility of achieving the ratio legis of the Bill through the introduction of the proposed catalogue of health services.
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