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1

PSEUDOPRÁVO

100%
Turčan M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2016
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vol. 99
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issue 2
138 – 144
EN
In this paper the author deals with issue of unusual approaches to law, mainly with theory of movement called „Freemen on the land“, which the author tries to describe thru prism of Canadian decision in divorce mater Meads vs. Meads. The author describes particular theses, which should according to „freemen’s“ concept release man from clasp of statutory law and he also deals with jurisprudential substantiations of those theses, which are usually offered to justify them. The author’s effort is to communicate this „pseudo legal argument“ in understandable form and to autonomously analyse it.
2

CONSEQENCES OF NONCOMPLIANCE WITH FORMAL REQUIREMENTS PRESCRIBED BY PARTIES' AGREEMENT (Skutki niedochowania formy czynnosci prawnej zastrzezonej wola stron)

100%
Grochowski M.
Kwartalnik Prawa Prywatnego
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2010
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vol. 19
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issue 2
333-347
EN
The present paper examines one of the classical concepts of civil law: the agreement upon the form of statements of will (pactum de forma). According to the article 76 of the Polish Civil Code, parties to an agreement may stipulate that they will take legal actions (exactly: make statements of will) in a particular form (e.g. in writing or in notary form). Polish civil law also provides a general rule that an act which fails to comply with such a formal requirement 'produces no effect'. This expression, crucial for the proper understanding of the whole regulation, is, however, not explicit enough and leads to severe controversies. According to certain authors, such a contract is only ineffective, whereas according to others, it is null and void. The present article aims to find a solution to this problem by applying the theory of conventional acts. In the light of this theory, statements of will and other legal acts have to be done in compliance with the conventional rules imposed by legal provisions, similarly to other conventional acts, which should follow conventional rules of different nature (like some acts of social behaviour, e.g. the way people greet each other). If these requirements are not observed, the whole act cannot be recognized as an act of the particular type. Consequently, the form prescribed by the parties for their future agreements should also be considered a conventional rule which is a condition for validity of the entire contract. Such agreement is null and void, but not nonexistent, since the concept of 'nonexistent legal act' (negotium non existens), seems to be too vague and uncertain to be used to describe defectiveness of civil contracts.
3

SPRAVODLIVOSŤ AKO VZŤAHOVÝ POJEM

75%
Barány E.
Filozofia (Philosophy)
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2011
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vol. 66
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issue 9
845 – 855
EN
Among the ideas implicitly present and generally accepted in legal theory we can find claims, such as: 1. Justice concerns about distribution of goods and burdens. 2. It is connected with the relationship between law and morality. 3. Justice has an existential dimension and is rooted partially in irrational attitudes and intuitions. The first two prepositions make it possible to characterize justice as conformity with that part of morality which concerns the distribution and exchange of goods and burdens. Justice connects law as an intentionally rational phenomenon with irrationality and particular existential experience. Thus, proposed understanding of justice connects the law or other social phenomena (e.g. institution, etc.) with a specific part of morality, irrationality and particular existential experience.
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