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Prawo rodzinne a religia w świetle historii

100%
Schwab D.
Kwartalnik Prawa Prywatnego
|
2021
|
vol. 30
|
issue 1
7–23
EN
The article outlines the author’s view on the role of religion in the evolution of family law over the course of history. Particular attention is paid to the impact of religion on the applicable law in the classical era, Middle Ages and in the early modern period. The article deals with the sacralization of family law and focuses primarily on marriage as the core element underpinning this area of law. The author discusses how religion influenced the evolution of family law differently in Catholic and Protestant countries and provides examples from German law to illustrate this phenomenon. The importance of a major change in the evolution of family law, as brought about by the French Revolution, which stripped marriage of all religious connotations (the idea of marriage as a civil contract only), is also emphasised. Furthermore, the article examines the religious upbringing of children and the way this issue is addressed in German law, namely the rules of the German Civil Code (BGB) as contrasted with the rules of the German Act on the Religious Upbringing of Children of 15 July 1921.
2
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Przymusowe wykonanie orzeczeń o kontaktach z dzieckiem na przykładzie prawa hiszpańskiego, włoskiego i niemieckiego

72%
Krakowiak M.
Studia Prawno-Ekonomiczne
|
2013
|
vol. LXXXVIII (88)
97-120
XX
The purpose of this article is to discuss the legal model of enforcement of judgments regarding contacts with minor in Spanish, Italian and German Civil Procedure. Especially, the study of foreign laws in this cases is important, because by virtue of the Act on amending the Act – Code of Civil Procedure of 26 May 2011, was introduced to Polish Civil Procedure anew procedure for the mentioned matters. This type of procedure is one of the separate noncontentious procedure (Articles 59815–59821 of the Code). Firstly, in the article the presentation of Spanish law regulation is given. In the event of default judgments regarding contacts with child must be applied by analogy the regulations of enforcement of non-money orders (Articles 776, 699–711 of the Code of Civil Procedure of 7 January 2000, Ley de Enjuiciamiento Civil). Secondly, the article is focused on discussing Italian law regulation. Currently, the jurisdical doctrine emphasizes that in the mentioned matters, the new means of indirect enforcement of Article 614bis of the Code of Civil Procedure of 28 October 1940 (Codice di Procedura Civile) can be used. In accordance with Article 614bis of the Code, by the condemnation decision, except where this is manifestly unjust, upon motion by the party, the judge establishes the amount of money due by the obliged party, for any breach or next nonobservance, or for any delay in execution of the decision. Thirdly, the article contains an analysis of German law regulation. Under German law, the issue of the enforcement of judgments in custody cases is regulated by a separate Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction of 17 December 2008 (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit, FamFG). Being forced execution of judgments in the mentioned matters are means for breach of order in the two form: pecuniary penalty (Ordnungsgeld) and subsidiary to it – penalty of arrest (Ordnungshaft). Must be understood, that enforcement of judgment for dealing with child rights holders, it is an extremely difficult issue process. This is due to the personal nature of the obligations and rights identified in the judgment and strongly accented necessary participation of stakeholders in the proper execution of the judgment.
3
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Przesłanki oraz tryb pozbawienia właściciela prawa do lokalu w prawie polskim i niemieckim

50%
Sikorska-Lewandowska A.
Studia Prawnicze
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2014
|
issue 2 (198)
7-39
EN
In Polish and also in German law a housing community is entitled to sue the owner of premises and demand their sale by public auction. In both legal systems a resolution must be taken by a housing community and then the case must be referred to court. Grounds for an action, in accordance with Polish law, are as follows: long-term default by the owner on the payment of charges due, flagrant or persistent offence against the applicable order of house rules, inappropriate behaviour that makes the use of other premises or the common property burdensome. Under German law, grounds for a claim may be breach of the obligations incumbent on an owner to other owners of premises in such a blatant way that one cannot expect them to continue to maintain community with him. In both legal regimes, that legal remedy is of a unique and final nature and, therefore, is used when other solutions have produced no effect.
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