Search results

1

The essence of medical secrecy according to the Polish law

100%

Michalak K.

Progress in Health Sciences

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2014

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vol. 4

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issue 1

239-244

XX

Purpose: The purpose of this paper is to present the essence of medical secrecy. Notes included in the article refer to Polish law. It is desirable to, firstly, attempt at a definition of "medical secret", and secondly, at the basis of the proposed definition determine the content and substance of a physician’s duty to maintain confidentiality of certain information. Materials and methods: Indications and other selected postulates presented in this paper will be based on a review of existing legislation and scientific reflection. Conclusions: Obligation of medical secrecy is in fact a number of duties of different importance, which generally ensures confidentiality of personal data.

2

Is the Catholic Church Liable for Damage Caused by Pedophile Priests?

100%

Wilk A.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2019

|

issue 2

61-68

EN

The article refers to the subject matter of the responsibility of the Roman Catholic Church and its legal persons for the damages related to sexual abuse of children committed by priests. The Author quotes relevant American experience as well possible bases of liability to be found in Polish law. The article also analyzes possible problems connected with practical application of legal regulations referring to vicarious liability in the light of the specifics of the Church.

3

Odpowiedzialność za wady dzieła sztuki po nowelizacji Kodeksu cywilnego

100%

Kozińska J., Stec P.

Santander Art and Culture Law Review

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2015

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issue Numer 1

173-200

PL

The recent amendments to the Civil Code of the Republic of Poland regarding the liability of a seller for the lack of conformity of delivered goods with the contract of sale will have a significant impact on the art market. Until recently the Code provided for a distinction between the seller’s liability in the case of a consumer (liability for lack of conformity of goods) and liability in other types of sales (“rękojmia”- warranty). As a consequence of the recent amendments to the Polish Civil Code both types of liability have now been amalgamated. Currently, the seller’s liability is based on the concept of warranties and conditions, which makes a significant difference, particularly in the case of the sale of forged artworks or antiquities. Surprisingly, new amendments to the Civil Code and to the Antiquities Protection and Care Act aimed at combating art theft have led to unexpected results, depriving many buyers of stolen works of their right to rescind the contract and to claim money back.

4

Member States’ liability for judicial error resulting in breaches of European Union Law

100%

Neamt V. P.

Journal of Legal Studies

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2016

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vol. 17

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issue 31

64-76

EN

This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.

5

The great escape? Liability of public authorities in the data protection area

100%

Mesarčík M.

The Lawyer Quarterly

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2021

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vol. 11

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issue 1

158-177

EN

The article is focused on the analysis of the liability of public authorities in the data protection area. Public authorities stand outside the spotlight of academics and politics in terms of liability considering the processing of personal data. Nevertheless, public authorities are often controllers of a vast amount of personal data via eGovernment services. Thus, this contribution is aimed to foster the discussion of liability issues concerning public authorities while processing personal data from the point of relevant international data protection legislation and national legislation on the liability of public authorities and its applicability in the data protection area.

6

The criminal sanction and the administrative sanction as measures to combat market manipulation in selected EU countries.

100%

Błachnio-Parzych A.

Studia Prawnicze

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2013

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issue 1 (193)

165-188

EN

The purpose of this study is primarily to present regulations in the selected EU countries regarding the sanctions to combat market manipulation. From the perspective it is possible to evaluate decision on the nature of the sanction made by the Polish legislator. The EU countries which regulations have been selected to examine were: Austria, Bulgaria, the Czech Republic, France, Germany, Lithuania, the United Kingdom and Slovenia. The analysis of the regulation enables to distinguish a group of countries which legislators have opted for one regime of liability for market manipulation – it was the regime of the administrative responsibility. The second group consists of countries which legislators have opted simultaneously for two regimes of the responsibility: the administrative and the criminal liability. Even in this group of countries the administrative sanctions constitute the main measures to combat market manipulation. Therefore the decision of the Polish legislator to criminalize the majority of the kinds of behavior which constitute market manipulation has to be assessed as very punitive. In contrast to the presented the EU countries regulations, in Poland the criminal sanction is the main measure to combat market manipulation.

7

PROFESSIONAL LIABILITY IN SELECTED MEDICAL PROFESSIONS

100%

Jacek A., Ożóg K.

Review of European and Comparative Law

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2016

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vol. 25

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issue 2

73-90

PL

To sum up, professional liability is an additional mode of responsibility, not included in the common law. Professional liability occurs when medical personnel violate provisions on the practice of the profession or act against the rules ofprofessional ethics. Professional responsibility is borne for a breach of the principles of medical ethics or provisions relating to the practice of medical profession. Medical personnel may be punished for professional misconduct by: admonition, reprimand, prohibition on holding managerial positions in organizational health care entities for a period from one to five years, prohibition on holding a position of one’s choice in the bodies of self-government for the period from one to five years, limitation on activities within the profession for a period from six months to two years, suspension of the right to practice the profession for a period from one to five years, deprivation of the right to practice the profession. A doctor and dentist have the right to appeal against the decision of the Medical Court at II instance in any case, regardless of the imposed punishment. A nurse and midwife may appeal against the decision of the Supreme Court of Nurses and Midwives only in the case the penalty of suspension or deprivation of the right to practice the profession. There is a widespread opinion that it is very difficult for a victim to get a positive outcome in the medical courts, even in the cases of obvious medical errors or negligence.

8

Opinia prawna na temat trwałości ochrony immunitetowej wynikającej z art. 105 ust. 1 zdanie drugie Konstytucji oraz trybu pociągnięcia byłego posła do odpowiedzialności sądowej

100%

Sakowicz A.

Zeszyty Prawnicze BAS

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2016

|

issue 4(52)

85-96

EN

The opinion is an answer to a question submitted by the Marshal of the Sejm, whether a former Deputy is still entitled to immunity protection in case of acts committed within the scope of the mandate. According to the author, the former Deputy (or a Senator) may be held responsible for actions violating rights of the third persons which took place during the exercise of the mandate of that Deputy, but only upon a permission of an appropriate house of Parliament. The author notes that the loophole in legislation should be filled by an amendment.

9

Product Liability as The Crucial Factor in The Risk Management

100%

Maternowska M.

Logistics and Transport

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2010

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vol. 10

85-90

EN

The aim of this article is to point out that the product liability can be a tool of the risk control in case of damages in supply chains. Its significance is associated with the risk reduction through actions leading to the improvement of the level of product safety.

10

Criminal-Law Assessment of a Physiotherapist’s Liability for a Medical Error

100%

Müller A.

Roczniki Nauk Prawnych

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2018

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vol. 28

|

issue 4 English Online Version

99-112

EN

The article presents a legal assessment of physiotherapeutic errors. It was not unimportant for this assessment that the regulation of the physiotherapist’s profession was proven, which made it possible to confirm that errors in physiotherapeutic art are in fact medical errors. In turn this allowed us to consider the possible criminal liability of this occupational group for medical errors. Final conclusions have finally confirmed that physiotherapists can be held liable for medical errors under Articles 156, 157 or 160 PC.

11

Wpływ regulacji odpowiedzialności odszkodowawczej władzy publicznej na efektywność jej zachowań. Rozważania na tle ekonomicznej analizy prawa

88%

Baranowska N.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

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2015

|

vol. 18

15-26

EN

In the article, the attempt was made to explain the problems arising from the examination of liability in the exercise of public authority from the point of view of the economic analysis of law and to assess the influence of the regulation of this liability on the effective behavior of public authority. First of all, to better clarify the problem, general assumptions of the economic analysis of law, used in the study of liability in general, were presented. On their basis, further discussion on the possibility on applying methods of the economic analysis of law to examine liability for the exercise of public authorities, the necessary modifications to the assumptions and methods used in the economic analysis of law and assessment of the suitability of its application in relation to liability for the exercise of official authority was carried out.

12

Assumption of Risk and Consent Doctrine in Sport

88%

Mohamadinejad A., Mirsafian H., Nemes A., Soltanhoseini M.

Physical Culture and Sport. Studies and Research

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2012

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vol. 55

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issue 1

30-38

EN

Everybody who illegally harms another not only must recover the injured person, but also, may be committed a crime and be punished. According to this doctrine, every time that a participant in a sport activity touches a fellow player, or consciously runs the risk that an opponent may be touched during the game, an offence is committed and he or she is liable. This is clearly an unacceptable situation. If this were the usual way a participant in violence was dealt with by the courts, nobody would play sport, as the risk of conviction would be too great. Sport would be unable to continue in the form that we presently know it. On the other hand, sports often have inherent risks that cannot be eliminated without destroying the very essence of the activity. Consent and assumption of risk defenses in sport accident cases significantly affect resolving the conflict between performing sport as a useful and beneficial activity versus a dangerous practice, and prevent liability from being imposed for just participation in sport activity. Thus, discussion about these defenses can help athletes be more aware of their rights.

13

Racjonalizacja odpowiedzialności za usiłowanie popełnienia przestępstwa (między teorią obiektywną a subiektywną)

88%

Marciniak B., Katedra Prawa Karnego Międzynarodowego W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

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vol. 74

EN

Penal liability for stages of perpetrating an offence is not an unambiguous issue. So, it must be remembered that in case of endeavor there is no infringement of the legal interest, or if clumsy endeavor is meant such infringement could not take place. Expansion of penality beyond perpetration, is substantiated in literature by actual social harmfulness of such behavior which is not indifferent from the point of view of their negative importance in a social sense. Each endeavor means endangering the legal interest protected by a proper legal ban; in case of endeavor the danger is direct. So, penality of endeavor is justified by two elements.

14

Prawna odpowiedzialność z tytułu pełnienia roli społecznej

88%

Peno M., Katedra Teorii i Filozofii Prawa W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

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vol. 74

EN

Responsibility is a “core issue” in philosophy of law. “Responsibility” in a legal discourse refers primarily to formal sanctions or it expresses an idea of having to answer for something. I argue in the study that the legal responsibility can be attached to social roles (or even tasks), which are important to the functioning of the society. I try to elucidate the notions of a role (social role) and role-responsibility. This analysis leads to the conclusion that the role responsibility (the notion of the role-responsibility is derived from the Herbert Hart’s philosophical works) is largely constituted by inter-connected sets of rights, duties and responsibilities. Moreover, the role responsibility plays an important role in the law.

15

Ustalenie odpowiedzialności w oparciu o dowód z ekspertyzy wariograficznej

88%

Krasoń R., Katedra Teorii i Filozofii Prawa W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

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vol. 74

EN

The study “Determination of liability based on evidence provided by a polygraph testing expert opinion” addresses a very serious and at the same time controversial problem of evidence (its value) provided by a polygraph testing expert opinion. The author familiarizes the reader with a general background of the issue, presenting a concept and importance of liability as well as the essence and nature of polygraph testing. The text contains a number of arguments both supporting and discrediting the diagnostic value of the polygraph testing and a number of doubts arising in connection with this subject.

16

ŚWIADCZENIA RENTOWE WYPŁACANE Z TYTUŁU UBEZPIECZEŃ ODPOWIEDZIALNOŚCI CYWILNEJ

75%

Jędrzychowska A.

Metody Ilościowe w Badaniach Ekonomicznych

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2015

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vol. 16

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issue 3

129-140

PL

Artykuł poświęcony jest modelom rent, które mogą być pomocne w naliczaniu świadczeń rentowych wypłacanych jako odszkodowa¬nie za szkody osobowe (zwłaszcza z tytułu utraconych dochodów i zwiększo¬nych potrzeb) z ubezpieczeń odpowiedzialności cywilnej. Jeśli bowiem sprawca szkody winien jest konkretnej straty majątkowej związanej z utraceniem dochodów przez osobę poszkodowaną, to zgodnie z polskim prawem (kodeks cywilny art. 415-449) winien jest te szkodę wyrównać. Jeśli sprawca posiada ubezpieczenie odpowiedzialności cywilnej, to zobowiązane przechodzi na zakład ubezpieczeń, a świadczenie wypłacane jest jako renta bądź jako świadczenie jednorazowe odpowiadające te rencie. Świadczenia rentowe wypłacane są najczęściej z tytułu ubezpieczeń: OC komunikacyjnego, OC pracodawcy, OC lekarza i OC podmiotu świadczą-cego usługi medyczne. W artykule przedyskutowane będą tak zagadnienia związane z podstawową wartością tych świadczeń, jak i modelem renty, który powinien być zastosowany.

EN

"Article will describe the types of annuities that can be helpful in calculating pension benefits paid as compensation (in particular for loss of earnings and increased needs) in respect of civil liability insurance. Annuities are paid by personal injury. If the offender is guilty of the material loss associated with losing the income of the person injured or increased needs, according to Polish law (Civil Code Art. 415-449) should compensate the damage. If the offender has liability insurance is required to transferred to the insurance company and the benefit is paid as an annuity or as a one-time benefit equivalent to those annuity. Pension benefits paid are usually of insurance: motor third-party liability, employers liability, medical liability and the liability of the provider of medical services. The paper will be discussed as issues related to the fundamental value of these benefits, as well as pension model that should be applied."

17

Wyłączenie stosowania ustawy o odpowiedzialności za naruszenie dyscypliny finansów publicznych do należności z tytułu podatków

75%

Stawiński M.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

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2018

|

vol. 23

35-47

EN

The subject of the article is a detailed analysis of the scope of excluding the application of the provisions of the act dated 17 December 2004 on liability for violation of the public finance discipline (consolidated text: Journal of laws of 2017, item 1311) in terms of determination, establishment, collection or payment of tax receivables as well as evaluation of the legitimacy of this legal solution. In the first part of the article, interpretation of art. 3 of the act on liability for violation of public finance discipline will be carried out in terms of tax receivables. Particular concepts specifying the scope of the analysed exclusion have been defined, such as tax receivables, establishment, collection and payment of tax receivables. In the article, the articles of the act on liability for violation of the public finance discipline establishing the exception to apply the studied exclusion were referred to. In the second part of the article, a critical evaluation of the current scope of exclusion was performed.

18

The gloss to the of the Judgment of Seven Judges of the Supreme Court of 19th February 2013 (III CZP 63/12) on the application of the art. 433 of the Polish Civil Code to liability for the loss resulting from flooding a flat from another flat located above it

75%

Księżak P.

Prawo Asekuracyjne

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2013

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vol. 4(77)

strony 111-117

EN

According to the Glossed Judgment art. 433 does not comprise the situation when a room is overflowed by water leaking through the ceiling from another room situated above. The judgment says that in such a situation a perpetrator is liable on general basis which means that the aggrieved person has to prove negligence. The authors do not agree with the Judgment arguing that the Supreme Court's argumentation is based on the historical interpretation of the ancient Roman actio de effusis et deiectis which is no longer up to date with modern circumstances when most flats are furnished with running water and sewer systems. According to the authors the art. 433 of the Civil Code, when interpreted according to the Supreme Court’s Judgment, loses its significance.

19

Legal framework of liability for hyperlinks in Germany

75%

Zieliński M.

Studia Prawnicze

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2010

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issue 3-4(185-186)

221-241

EN

This article attempts to present the legal framework of liability for Hyperlinks in the German legal system. Being one of the pioneer countries, whose regulations of electronic communication served as example for the European Union's 2000/31/EC E-commerce Directive, it is quite surprising that the problem of liability for hyperlinks still lacks direct regulation. This doesn't mean however, that the issue of liability of persons inserting hyperlinks into their web services poses a problem for German courts. Since the first regulation of electronic communication, adopted in 1997, the practice of legal assessment of hyperlinks has been developed by German doctrine, as well as by the jurisprudence if all instances. The Federal Supreme Tribunal in its 2003 “Paperboy” ruling confirmed the general admissibility of linking as such, both in form of simple links and deep-links. Later on, in 2004, in its “Schöner Wetten“ judgment the Tribunal introduced a procedure for testing particular cases of linking. According to the Tribunal, when assessing the legality of hyperlinks, first to consider is the possibility of so called “appropriation” (sich–zu–eigen–machen) of 3rd party information. In cases of civil liability, when the test for “appropriation” of information falls out negative, courts should continue the assessment with regard to the possibility of “disturber liability” (Störerhaftung) of the ISP, according to section 1004 of the German Civil Code. The German jurisprudence, which has developed a constant approach to hypelinks, constitutes a good example for other national regulators, including the Polish law-maker, who is currently in the process of updating the e-commerce act of 2002.

20

Criminal Liability for Crimes Against Humanity as a Problem of International Law

75%

Diallo B. S.

Adam Mickiewicz University Law Review

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2019

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vol. 9

77-83

EN

The article sets out the nature, the history and the general structure of the crime against humanity and provides a comprehensive analytical commentary of the elements of such crimes as a problem of international law. The contextual element determines that crimes against humanity involve either large-scale violence in relation to the number of victims or its extension over a broad geographic area (widespread), or a methodical type of violence (systematic). This excludes random, accidental or isolated acts of violence. In addition, Article 7(2) (a) of the Rome Statute determines that crimes against humanity must be committed in furtherance of a State or organizational policy to commit an attack. The plan or policy does not need to be explicitly stipulated or formally adopted and can, therefore, be inferred from the totality of the circumstances. In contrast with genocide, crimes against humanity do not need to target a specific group. Instead, the victim of the attack can be any civilian population, regardless of its affiliation or identity.

Refine search results

The essence of medical secrecy according to the Polish law

Is the Catholic Church Liable for Damage Caused by Pedophile Priests?

Odpowiedzialność za wady dzieła sztuki po nowelizacji Kodeksu cywilnego

Member States’ liability for judicial error resulting in breaches of European Union Law

The great escape? Liability of public authorities in the data protection area

The criminal sanction and the administrative sanction as measures to combat market manipulation in selected EU countries.

PROFESSIONAL LIABILITY IN SELECTED MEDICAL PROFESSIONS