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Samorealizacja osoby ludzkiej jako element definicji dóbr osobistych Zbigniewa Radwańskiego (uwagi na temat ochrony dóbr osobistych w świetle koncepcji psychologicznej Abrahama Maslowa)

100%
Kurosz K.
Kwartalnik Prawa Prywatnego
|
2016
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vol. 25
|
issue 3
465-536
EN
The published text is the voice in the discussion referring to substantiation of protection of personality rights in Poland. There are tensions between the closed catalogue of the sources of law and the freedom of the courts in the protection of personal rights. One of the ways of solution of the conflict is to link the personal rights of immutable human needs described by Abraham Maslow. Maslow's hierarchy of needs is a motivational theory in psychology comprising a five tier model of human needs (physiological, safety, belongingness and love, esteem, self-actualization). The author analyzes the court decisions, in particular on family ties, the basic biological needs and deprivation of access to electricity and water. In particular, the author stresses that although self-realization can not be fully protected, it plays an important role in determining the limits of the protection of personal rights.
2
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Ewolucja instytucji oskarżyciela posiłkowego w polskich kodyfikacjach karno-procesowych (1928—1997).

100%
Koredczuk J.
Z Dziejów Prawa
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2014
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vol. 7(15)
187-199
EN
In modern criminal proceedings, one of the functions which can be performed by the plaintiff (the victim) is the function of the auxiliary prosecutor. This institution has been known to all 20th-century Polish laws of criminal proceedings (1928, 1969, and 1997). The particular issues regarding the auxiliary prosecutor regulated in those codifications focused primarily on: 1) when and on what conditions the auxiliary prosecutor could join the criminal proceedings; 2) who decided on allowing the auxiliary prosecutor into the proceedings; 3) what was the legal status of the auxiliary prosecutor in the proceedings; 4) what was the auxiliary prosecutor’s relationship to the public prosecutor. The institution of the auxiliary prosecutor, introduced in the Rules of Criminal Procedure of 1928, became a subject of heated criticism. It was then promptly abolished in the amendment to the Rules of 1932. Its abolishment was justified by the claims that it had proved to be ineffectual in practical application. This decision was, however, partly rectified in the amendment by introducing a chapter entitled “The Victim” into the code. The Rules of Criminal Procedure of 1969 re-introduced the institution of the auxiliary prosecutor, but only in the capacity of an accessory auxiliary prosecutor. This change had, however, no real effect on the legal practice as well as the attitudes of the authorities towards the rights of the victim in the court proceedings. It was not until the Rules of Criminal Procedure of 1997 that the auxiliary prosecutor has become a rightful party in litigation, an independent subject—a subject whose participation in the criminal proceedings can contribute to the increase in the contradictoriness of the proceedings, the odds of uncovering material truth as well as citizens’ trust in the judiciary.
3
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Creative Commons (CC)

75%
Delert E.
Themis Polska Nova
|
2014
|
issue 1(6)
280-305
EN
Creative Commons is a non-profit organisation, which was established in 2001 in the United States of America. It was founded of the initiative of the people involved in work for the protection and promotion of common cultural goods. Polish branch of the organisation has been operating since 2005 and its partners are Centre for Digital Design: Poland and the Interdisciplinary Centre for Mathematical and Computational Modelling at the University of Warsaw. The article presents the development of Creative Commons licence their history specifics and use both in USA and international environment. Last part of the text is focused on presentation and analysis of the situation of Creative Commons licences in Polish Law.
4

Prawo właściwe dla dóbr osobistych i ich ochrony

75%
Pilich M.
Kwartalnik Prawa Prywatnego
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2012
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vol. 21
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issue 3
599-650
EN
The issue of international protection of personality rights has become important in the recent public debate taking place in Poland and other European countries. Because of failed attempts to introduce an appropriate conflicts rule to the EU Regulation on the law applicable to non-contractual obligations (Rome II), the Polish lawgiver has decided to establish Article 16 of Polish Private International Law Act of February 4, 2011, which specifies the law applicable to both the rights of personality (paragraph 1) and to the protection of such rights (paragraph 2). Additional conflicts rule in the paragraph 3 of the above-mentioned Article relates to the law applicable to the right of the reply, correction, and other similar means provided by the press laws. The article is devoted to a detailed analysis of the regulation in the context of the comparative law (taking into account esp. the Italian, French, German, and Swiss private international law). The author argues that the distinction between the law applicable to personality rights as a kind of the “preliminary question” and the law applicable to the protection of the said rights has been unnecessary and it only makes the use of private international law rules more complicated. Moreover, the structure of Article 16 paragraph 16 of Polish PIL Act, granting the choice between the law of the State in which the threat or violation of personality rights takes place and the law of the State in which the effects of that event occurred, is silent on the cases where the victim did not express any such will as to the applicable law. The analysis is focused on the interpretation of the rules and their practical application. The author analyses also the prospects for the future amendment to the Rome II Regulation concerning the law applicable to the violations of privacy and rights of personality. He is of the opinion, that in spite of the initiative of the European Parliament of the year 2012, such an amendment seems to be rather uncertain because of the deep institutional crisis of the European Union.
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