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EN
The work Wzór i wizerunek [...] dziwnej świątobliwości [...] Zofii z Tylic Tomickiej [The Paragon and Image o f the Strange Holiness o f Zofia Tomicka o f Tylice] written by a Jesuit Stanisław Brzechwa (1588-1649) and published in 1634 is a unique biography not only in old Polish literature. The heroine is a wealthy noblewoman who lived in the years 1595-1633 and she is portrayed as a charismatic Catholic and at the same time one possessed by the devil. Tomicka herself as well as her biographer saw in this possession a paradoxical grace of God and a most efficient way of expiation for sins - a very rare case in the history of Christian spirituality. It seems comparable only with the history of a Frenchwoman Marie des Vallées (1590-1656), the protege of Jean Eudes (1601-1680), a well known saint and author of her two biographies, hitherto unpublished. In reflection on such cases it seems appropriate to employ a theologically controversial concept of expiatory possession, which gained popularity much later on in the wake of interest in the life and death of a German woman Anneliese Michel (1952-1976). The 17,h century Jesuit Stanisław Brzechwa was well aware o f the controversial nature of his work which bordered on hagiography. Being convinced about the authenticity of Tomicka’s experiences he nevertheless acknowledged their hybridity and ultimate unverifiability, deciding in some measure to step outside the paradigm of dogmatic theology and his own Church.
EN
Almost all languages employ various structures expressing possession. Linguists recognise the rich variety of them. However, from the most general perspective, these structures can be divided into two groups, namely predicative and attributive ones. This division depends on syntactic structures used to express the relation discussed. The main types and subtypes of the realisation of the phenomenon so omnipresent in human categorisation as the relation of possession are presented and illustrated by a number of languages spoken all over the world.
EN
The author discusses in this article a problem, important for the practice of pastoral care, of the manifestations of possession. He first cites the symptoms listed in the „Ritual of exorcism”, as well as in the opinions of well-known theologians. The symptoms are then discussed by division into three groups: physical, mental and spiritual. The first includes: unusual strength of a destructive nature, hearing strange voices, visual and auditory hallucinations, somatic disorders, self-injurious behavior, the phenomenon of telekinesis. Psychiatric symptoms include unusual knowledge; non-learned language skills; the symptoms of blockage of the mind, emotions and will; disintegration of the psyche. For the spiritual side we include an aversion to people and holy things, blasphemy, disruption of conscience, despair and suicidal thoughts, and Satan-worship.
The Biblical Annals
|
2015
|
vol. 5
|
issue 2
405-427
EN
The following paper aims to respond to some questions raised by L. Misiarczyk in his paper.2 Firstly, the author refers an opinion concerning shortage of studies about demonology and exorcisms in New Testament within Polish theological literature. The second part contains an analysis of the behavior of possessed people as described in New Testament accounts. Third part of the study endeavors to answer a question why the Gospel of John and Paul’s Letters do not mention demoniac possessions and exorcisms. Fourth chapter attempts to describe biblical anthropology that could help to understand whether biblical authors distinguished possessions from mental or physical maladies. Fifth and concluding part discusses suggestion of three possible ways of structuring the texts describing demons. While refuting some of the theses expressed by L. Misiarczyk, the paper underlines a number of valuable assets and topics presented by the author, that yet need to be discussed and reviewed.
PL
The structure of ownership in civil law consists of two elements. The first is the element of physical wielding (corpus possesionis), and the second is a psychological (subjective) element; constituted by a presumption in favour of possession – one is always presumed to possess in his own interest (animus rem sibi habendi). Legal possession is the detention (control) or enjoyment of property or right that we hold or exercise by ourselves. Having control over property for someone else is defined in civil law as holding (Art. 338 of the Civil Code), which concerns the realization of a certain task. Possession as a factual status is protected by Art. 278 § 1 K. K. and should be interpreted more broadly than within the civil law definition. It constitutes an actual control over a movable property, which can also be exercised by a holder acting on his own behalf (commissionaire), who is not the possessor within the definition of the civil law. In contrast, it appears that a holder not acting on his own behalf (employee) is not protected by Art. 278 § 1 K. K. It seems erroneous that the protection of unlawful possession in Art. 278 § 1 K. K. depends on the good faith of the holder. Another questionable issue is granting protection for the permissive occupant in Art. 278 § 1 K. K. There is very little attention devoted to this problem both in the case-law as well as literature. It seems that permissive occupant does not attain the control over property, because his actual relationship to it is not an expression of the will of detentor, and therefore he cannot be a victim of theft.
DE
Der Artikel enthält Zusammenfassungen nur in Englisch.
EN
The gothic imagination often expresses a sense of the instability and/or vulnerability of human identity, bearing either on specific individuals or on the species as a whole. The present article examines the 2017 film Get Out, written and directed by Jordan Peele, in order to highlight the ways in which its exploration of the abovementioned topic relates to the tradition of the gothic as it is recognisable in literary texts dating from as far back as the eighteenth century. Relevant titles include Walter Scott’s Count Robert of Paris and Robert Louis Stevenson’s Strange Case of Dr Jekyll and Mr Hyde, as well as examples from film.
FR
L'article contient uniquement les résumés en anglais.
EN
The text analyses the process of naming Animals by humans. This process is treated here as a complex phenomenon that has its psychological, sociological, social, philosophical and linguistic aspects. In the text, the Author focuses on two sides of the coin: naming animals can be treated as an act of subjectivisation, but on the other hand, by giving names to animals, humans try to reproduce an anthropocentric hierarchy of species. In this context it is worth analyzing not only giving names, but also abandoning or changing them.
EN
The paper explores the desire of accumulating in our contemporary society by analysing two processes: that of archiving and that of collecting; and how these are represented in literature, in novels such as Everything is Illuminated, which deals with the preservation of memory through the archive; and The Collector, which brings a different perspective on the act of collecting, namely, the relationship between collecting, possession and fetishism.
EN
The paper indicates instruments of possession protection as well as description of their distinctive or dependent character. The differences between an owner-like and a subsidiary owner have been defined. Self-help nature was shown as an operating tool without authorities' approval. A time relationship nature was described, which must occur between threat and action. Moreover, a variety of rights concerning real property and movable property was mentioned. Also a distinction between self-help and self-defence was indicated. The development of self-help in Poland was described, as well as its progress from ancient times. Additionally, self-help was defined and its publication in provisions of Civil Code. Persons authorised to possession protection, were mentioned, including a term of owner, co-owner, holder, and a holder of precarium. The paper also describes premises concerning infringement of movable property and real property possession, as well as immediacy. Also a legal nature of an aggressor and a person entitled to protection was discussed.
EN
The article includes analysis of sentences with possessive dative in Croatian and their Polish equivalents, investigating the similarities and differences of uses of those linguistic elements. I point out especially such factors as semantics of the possessum noun and verbs which connect possessor with possessum. Ialso note some differences on the stylistic level.
EN
The author presents trends in modern legal discussion on prescription. He suggests that the trends are defined by three basic issues. The first question is on relevance of prescription in the 21st century. The second issue concerns the future of the legal institution and the scope of its application in the new reality, i.e. determined by technological changes. The third makes us discuss whether we deal with a single legal construct or with many institutions covered for historical reasons by the same name. The article discusses the judgment of the European Court of Human Rights in case JA Pye (Oxford) Ltd v. The United Kingdom, opin- ions of lawyers in common law countries, specialists in continental law, mixed jurisdiction, and legal systems of Asian states. The author suggests significant importance of technological changes, including technologies based on blockchain and the Internet of Things. He discusses in detail the shape of legal regulations regarding prescription in Louisiana (USA) and the province of Quebec (Canada). Finally, he refers to the Roman legal tradition as the best tertium comparationis for discussions on prescription in any major legal orders of the world.
EN
In contrast to the classical theft this offense has not been partially-decriminalized. The subject of the crime cannot be a card that entitles the owner to make payment, since it constitutes “other means of payment” within the meaning of art. 115 § 9 C.C.; and as such is the subject of the theft of another person movable property (Art. 278 § 1 C.C.).
EN
The article presents an outline of Polish construction of possession. In particular, the paper presents S. Wróblewski's, F. Zoll’s and A. Kunicki’s views on possession. The author explains the relation between protection and exclusiveness of possession and points out that contrary to popular belief possessory proceedings are not quick and simple.
EN
The article presents an outline of Polish construction of possession. The author tries to explain the most primary elements of this construction according to Polish law, Polish court judgments and Polish jurisprudence. In particular, the paper presents chief points of S. Wróblewski's theory of possession which after twelve decades still seems to be refreshing and useful.
Rejent
|
2020
|
issue 7 (351)
89-107
EN
In the gloss to the decision of the Supreme Court of 29 June 2016, III CZP 25/16, the author critically assessed the opinion expressed therein that it is not possible to effectively pursue an action for restoration of possession (release of things) against a person who infringed possession if that person transferred ownership to another person during the lawsuit. Because contrary to the opinion of the Supreme Court, it should be found that the Defendant’s standing in such a situation is possible due to the norm contained in art. 192(3) of the civil Code. This provision also allows for issuing a judgment which would be effective and enforceable against the person to whom the defendant transferred possession during the lawsuit.
EN
The trouble of proving the effects of participation lies in the mismatch between three aspects of ownership: physical (possession), legal (ownership proper) and psychological (participation). In our interdisciplinary systemic model of ownership, we propose 10 relationships related to ownership/participation from: „A is a part of B” - greatest involvement to „A does not know about B” - the least involvement. „A” and „B” may take different values of: a person, an institution, a community, a group, an object (material, energetic, informational, purchasing). Once formalized we can view the studies in participation from one, system theory point of view, and formulate hypotheses related to many aspects of ownership. A multilevel analysis with multiple measures of both participation and effectiveness from two data sets has supported the proposed model.
EN
In the first part of this article we will focus on how the press reflected a possession case from late 19th century in small Bavarian town Wemding. Wemding case is one of the most famous cases of possession or exorcism in 19th century, as we have found during our research. The main aim of this article is to analyse contemporary articles and show different approaches of press media with diverse origins. In second part we will decribe the role of Wemding case in contemporaty newspapers as a part of Wahrmund Affair from 1908 when professor of canonic law attacked the catholic church. The Wemding case was used by Wahrmund as an evidence of church obscurant position. At the end of the article we will identify the reasons why this case aroused so much attention.
PL
W glosie krytycznie odniesiono się do wyroku Trybunału Konstytucyjnego (TK) z 24 lutego 2021 r. (SK 39/19)2 w którym stwierdzono, że art. 1a ust. 1 pkt 3 ustawy z 12 stycznia 1991 r. o podatkach i opłatach lokalnych (u.p.o.l.)3 rozumiany w ten sposób, że o związaniu gruntu, budynku lub budowli z prowadzeniem działalności gospodarczej decyduje wyłącznie posiadanie gruntu, budynku lub budowli przez przedsiębiorcę lub inny podmiot prowadzący działalność gospodarczą, jest niezgodny z art. 64 ust. 1 w związku z art. 31 ust. 3 i art. 84 Konstytucji Rzeczypospolitej Polskiej.
EN
The gloss criticizes the judgment of the Constitutional Tribunal of February 24, 2021 (SK 39/19) which stated that Art. 1a § 1 point 3 of the Act of 12 January 1991 on local taxes and duties, understood in the way that the connection of the land, building or non-building structure with the conduct of economic activity is determined solely by the possession of land, building or non-building structure by the entrepreneur or other entity conducting economic activity, is inconsistent with Art. 64 sec. 1 in connection with Art. 31 sec. 3 and Art. 84 of the Constitution of the Republic of Poland.
PL
W glosowanym wyroku Sąd Okręgowy w Szczecinie musiał zmierzyć się z pytaniem, jaka ilość środków odurzających powinna być kwalifikowana jako znaczna. Autor glosy rozwija rozważania sądu, częściowo krytycznie, a także uzupełnia je o stosowną argumentację.
EN
The Regional Court in Szczecin had to determine what amount of intoxicating substances should be considered significant. The Author in the comment for the court’s judgement amplifies its deliberating, partly critically, as well as completes it with proper reasoning.
EN
The article concerns problems related to Art. 224 § 2 and 225 of the Civil Code applied in relations between co-owners. So far, studies have focused primarily on the very essence of the claim - its admissibility as well as possible its legal basis. In this respect, the views were summed up in the Supreme Court resolution dated 19 March 2013, which strongly argued for the application of Art. 224 § 2 and Art. 225 of the Civil Code. This article is dedicated to the analysis of co-owner claim for remuneration due to unauthorized use of shared movable and immovable property committed by another co-owner. The main part of the paper aims to describe the premises of the aforementioned claim. The second important issue concerns the value of the remuneration. The third taken matter is the relation between the claim for remuneration and the vindication claim. Finally, I hope that this article shall cause substantial discussion of this topic.
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