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  1. 2 Studia Iuridica

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  1. 2 Łubińska Z.

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  1. 1 2024

  2. 1 2023

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A comparative analysis of the issue of necessary defense in terms of tort law

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Łubińska Z.
Studia Iuridica
|
2023
|
vol. 101
201-210
EN
This paper addresses a comparative analysis of the issue of necessary defense in terms of tort law. The concept of indispensable defense is most often associated with criminal law. However, it is not the only branch of law in which it occurs. It is also possible to find it on the grounds of the Civil Code. A necessary defense is one of the main counter-narratives which exclude the unlawfulness of an act. As a matter of fact, acting within the framework of necessary defense, we act according to the rules of law. Nevertheless, it is important to act only within the limits of such defense, because exceeding them excludes the unlawfulness of the act. The subject of this dissertation is to show, compare, and analyze legal regulations defining the right to indispensable defense in Poland and other contemporary countries.
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Regulacja prawna przestępczości zorganizowanej

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Łubińska Z.
Studia Iuridica
|
2022
|
vol. 94
250-262
EN
This paper addresses the problem of organized crime using the example of the Sicilian Mafia. The main purpose of the argument is to present the Mafia’s activity as a pathology of the system, which has a negative effect on both the economy and the legal situation of southern Italy. The study is largely concerned with national and EU regulations related to organized crime. Attention is also devoted to the United Nations Convention on the subject in question. In addition, the paper discusses the impact of the Mafia on economic processes and society. In particular, the Mafia’s activities in the security industry are examined. The overall aim is to present the Mafia as a system error and to explore extensively the topic of the Mafia in Italian Sicily from a legal and economic viewpoint, with an emphasis placed on organized crime as a global problem.
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