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1

Szwajcarska regulacja wskazania prawa właściwego dla zobowiązań umownych i jej znaczenie dla prawa Unii Europejskiej

100%
Bělohlávek A. J.
Kwartalnik Prawa Prywatnego
|
2013
|
vol. 22
|
issue 2
349–378
EN
The paper outlines rules on the law applicable to contractual obligations established by the Swiss Federal Act on Private International Law of 1987. The Author focuses on following issues: the characteristic performance, dépeçage and the closest connection. Additionally, he analyses the influence of parties legitimate expectations on the determination of the applicable law. These considerations seem to be of undeniable importance for the European legislator and future case-law concerning the Rome I Regulation.
2

Majątkowe skutki małżeństwa niezależne od ustroju majątkowego w prawie szwajcarskim

100%
Bugajski B.
Kwartalnik Prawa Prywatnego
|
2015
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vol. 24
|
issue 4
849-874
EN
In the introduction it is shown in the shortcut an evolution of regulations concerning property effects of marriage independent of matrimonial regime in Swiss law. In the other chapters there are particularly analysed maintenance, the amount for free disposal, the extraordinary contribution, the representation of one spouse by the other, the protection of matrimonial apartment and mutual obligation to inform spouse about property condition of the other spouse. Further there is a presentation of regulations that give the court an opportunity to forbid a spouse to dispose goods without any previous consent of the spouse and rules provided for a situation in which there is a discontinuation of running common household but without any official dissolution of marriage by the divorce. In the summary there are shown the resemblances and differences between Swiss and Polish law. Particularly there are indicated some solutions that can be an inspiration for Polish legislator on amendment of Family and Guardianship Code.
3

Eugen Huber (1849-1923)

100%
Kaczmarczyk, A., Nieciecka K., Wojciechowski R.
Kwartalnik Prawa Prywatnego
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2014
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vol. 23
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issue 1
7-35
EN
This publication presents the profile of Eugen Huber, distinguished Swiss lawyer. He is considered to be a creator of Swiss Civil Code. At the beginning the article introduces his biography in which particular emphasis is put on the course of his education and career. The elaboration presents research works of Eugen Huber and his significant influence on codification of Swiss civil law process. At the end Polish reader can get to know ideas about the principles of legislative procedure and an influence which Eugen Huber proposals exerted on the other legals orders.
4

Evaluation of the Recommended Changes in the Scope of the Criminalization of Money Laundering — a Comparative Law Approach

75%
Pływaczewski E., Guzik-Makaruk E., Filipkowski W.
Internal Security
|
2015
|
vol. 7(2)
185-204
EN
The paper concerns the scope of the criminalization of the offence of money laundering in the criminal law systemsof three selected countries: Germany, Switzerland and the UK. Its intention is to make some comparisons with the proposalof the Criminal Law Codification Committee of the Polish Parliament, which is very radical in respect of this. The authors criticallyaddress this proposal. In their summary they state that the direction of Committee’s proposal take Polish legislation back 14 years.It does not take into account the contemporary forms of money laundering nor the way this phenomenon is being criminalizedin selected European countries. It must be emphasized that the changes recommended by the Criminal Law Codification Committeewill not enter into force. Nevertheless, they indicate the direction of the amendments intended by its members. The effect of theirwork is not satisfactory because it would not improve the effectiveness of prosecution of perpetrators of money laundering. However,the attempt to depart from the casuistic and extensive aspect of the offence as to the deed, which has caused many interpretationproblems, must be appreciated. This change would be in line with the trend of the amendments that have been adopted so farin Art. 299 of the PC, after the entry into force of the Penal Code of 1997.
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