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Kompetencje Unii Europejskiej w dziedzinie prawa prywatnego w ujęciu systemowym

100%
Mańko R.
Kwartalnik Prawa Prywatnego
|
2016
|
vol. 25
|
issue 1
37-79
EN
The present paper has four aims. First of all, to subject the legal powers of the European Union to enact private law rules in the fields of substantive private law, procedural private law and private international law to a doctrinal analysis. Secondly, to analyse the methodology of using those legal powers by the Union legislature and possible indications by the Court of Justice with that regard. Thirdly, to subject the individual rules granting powers to the EU to enact rules of substantive private law, procedural private law and private international law to a comparative analysis. Fourthly, on the basis of the analysis of the hitherto methods of using the aforementioned powers, provide for a critical appraisal and put forward suggestions as to the methods of using them.
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The Numerus Clausus Issue in Property Law – European Private Law and the Polish Perspective

84%
Ossowska M.
Studia Iuridica
|
2019
|
vol. 82
211-226
EN
The numerus clausus of property rights indicates that a mandatory closed catalogue of property rights exists in a given legal system; the content (method of creation, conveyance, expiration) of a right falling within this closed list is strictly specified and cannot be changed by the parties. In this way, the state consciously limits the activity of the parties in this regard, indicating the socially and legally acceptable types of property rights they can use. An insightful look at the development and explanation of this principle over the centuries and now seems to be necessary with the advancing unification of private law in Europe. The present article discusses the dogmatic basis of the concept of numerus clausus and outlines its history and economic reasoning behind it. Then, the main models of the numerus clausus in European legal orders as well as the functioning of this principle in Polish property law are presented. Subsequently, the strengths and weaknesses of the numerus clausus are examined. This provides us with general conclusions concerning the harmonization of this area of private law.
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