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1

Superficiary Right of Building: Origin and Development in Central Europe

100%
Petr P.
DANUBE: Law and Economics Review
|
2016
|
vol. 7
|
issue 2
131-140
EN
The Czech Republic has been dealing for the last four years with a legal revolution in the field of private law. A new Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An interesting example of forgotten legal figures is the superficiary right of building, which has again entered the legal order of the Czech Republic after a long one hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that has substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method). A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.
2

Ustalenie i weryfikacja pochodzenia a poczucie jakości życia. Zagadnienia wybrane w ujęciu prawno-porównawczym

100%
Wudarski A.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 2
285-322
EN
This paper discusses selected legal issues related to establishing the descent of a child and the possibility of reviewing such cases. The topic is presented from the perspective of fathers, since their biological heritage is most frequently questioned. The paper presents a comparative analysis conducted on the basis of the case law of the European Court of Human Rights and focuses on comparing Polish and German family law. Critical remarks refer mainly to the lack of proper balance between the competing interests of the parties, including time limitations which make the process of reviewing paternity impossible. The study focuses on a unique procedure for determining descent which came into effect in Germany in 2008. This regulation should make it easier for close family members to exercise their right to know their own identity without changing the established legal paternity (Abstammungsklärung — § 1598a BGB). This article attempts to find common ground between the sense of the quality of one’s life and the right to know one’s own identity. The results not only contribute to the academic debate surrounding these issues, but above all aim to improve the quality of law and thus the quality of family life.
3

Przyszłość kodyfikacji polskiego prawa prywatnego

100%
Safjan M.
Kwartalnik Prawa Prywatnego
|
2015
|
vol. 24
|
issue 2
245-247
EN
The published text is the voice in the discussion referring to the codification of Polish Private Law. Particularly author emphasizes a good quality of law is an extremely important component of democracy law state. In an author’s opinion works on possibile codification of Private Law can not be entrusted exclusively to not numerous group of scholars but shall be conducted in the framework of possibly extensive community dialogue. Then the revision of Private Law should be proceded by the highest consideration and carefulness
4

Dopuszczalny zakres działania spółki komunalnej

75%
Szczepaniak R.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 2
449-472
EN
A municipal company operates most often as a limited liability company or a joint stock company. However, its legal status is characterized by a high degree of originality and it significantly differs from the status of a typical limited or joint stock company. In particular, local government units (in municipalities, counties, or provinces) implement through a municipal company their statutory duties to satisfy the needs of the local community. Therefore, the legal nature of the company is closely linked to the nature of a particular local government unit. A municipal company is an entity with a special purpose. It has been created to achieve specific objectives and the scope of its activities is defined by the law. One may ask the question what legal consequences arise when the company takes legal action, for example, it concludes a contract, beyond the statutory scope of its activity. According to the author this question is complex. In order to answer it interdisciplinary analysis should be carried out taking into account the scientific achievements regarding both the civil and the public law. In conclusion, the author advocates a moderate and cautious solution, taking into consideration the need to respect the principle of legal security. Thus he expresses the view that legal action, such as a contract concluded outside the scope of permissible activities of such companies will be valid. Consequences of another kind, such as administrative and legal sanctions may nonetheless occur
5
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Private law and public law narrowly interlinked in the French Social Security system

51%
Laborde J.-P.
The Lawyer Quarterly
|
2017
|
vol. 7
|
issue 4
225-230
EN
As well historically as in the present times, the French Social Security system is particularly complex in what concerns the respective parts of private law and public law. It is characterized by a crossing of these two branches of law and this crossing is manifest in the general organization of the system than in many of its elements and this crossing is manifest as well in the general organization of the system as in many of its elements. So, one of the main questions today is to know towards which direction the French Social Security System will make its way in the future. It is not sure at all that the intricacy of public and private law, very complex though it is, will be abandoned in the following years.
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