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1

Legitymacja czynna spółki kapitałowej w organizacji do udzielenia prokury

100%
Kozłowska-Chyła B.
Studia Iuridica
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2014
|
vol. 59
195-204
XX
The analysis of the legal regulations concerning the institution of procuration shows that capital companies in organisation may not use this legal instrument. These entities, bestowed by the legislator with the legal capacity and possibility to acquire the entrepreneur’s status, do not fulfil, however, the second criterion established in Art. 1091 § 1 of the Civil Code, i.e. they are not subject to the requirement of entry into the entrepreneurs’ register. Thus, capital companies in organisation do not have an active right to grant procuration. This conclusion is strictly correlated with the legal shape of procuration itself, since its obligatory entry into the register – as an element of protection of the third parties performing a legal action with the empowering party represented by the proxy – is the essence of this legal relation. Allowing for the possibility for capital companies in organisation to grant procuration would mean creating a new type of procuration – “non-registered procuration” –which is not grounded in legal regulations and which distorts the very nature of the institution of procuration in its legal shape as applicable by now.
2

Administracyjnoprawna kontrola w rolnictwie w prawie krajowym i unijnym

100%
Niewiadomski A., Czechowski P.
Studia Iuridica
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2014
|
vol. 58
45-64
EN
The article discusses selected issues of administrative control in agricultural law. It points out the basic characteristics which define the distinctive administrative control. It discusses administrative control regulations on selected examples, which exist in the European agricultural law, and its impact on national law regulations. The article points out the new type of administrative control comprising the step of reporting, monitoring and evaluation. Possible solutions de lege lata and de lege ferenda have been indicated. In the article an analysis of selected issues of administrative control in the national agricultural law has been done. Additionally, the problems of external control over the administration, with particular attention to monitoring standards, was discussed. Existing regulations concerning the inneradministrative controlon under the example of the Nature Conservation Act, agencies and agricultural inspection have been discussed. In the conclusions an assessment of the current state of administrative control in agricultural law has been done.
3

Prawo francuskie w Polsce 1808–1946

100%
Sójka-Zielińska K.
Studia Iuridica
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2014
|
vol. 58
229-242
EN
The French Code civil entered into force in the Duchy of Warsaw at the beginning of May 1808. Contemporarily, the Law School of Warsaw was established which in 1816 became a Faculty of the Warsaw University. After the defeat of Napoleon the Constitution of the Kingdom of Poland, granted in 1815 by the Russian Emperor Alexander I, maintained tacitly the French legislation. However, the Polish law of mortgage and in 1825 the Polish law of persons and of marriage substituted the original regulations of the Code civil. This was the origin of the mixed French-Polish system of private law which remained effective in Central Poland during the whole age of the partitions. In 1831 the University of Warsaw was closed after the defeat of the November uprising against Russia. In consequence, during the years 1840–1861 the chairs of Polish law existed only at the Universities of Saint Petersburg and Moscow. During the years 1862–1869 a law faculty was active in Warsaw at the Central School (Szkoła Główna) and later at the Russian Imperial University. During all this time, as well as during the interwar period 1918–1939, the French-Polish private law remained effective. In the period 1918–1939 close relations between the French law faculties and the University of Warsaw were inaugurated. In particular Prof. Henri Mazeaud (1900–1993) served as lecturer at the Warsaw Law Faculty during the years 1931–1939. The Polish civil law was completely unified only in 1945–1946.
4

Pożyczka morska w zachodniej tradycji prawnej

100%
Blicharz G.
Studia Iuridica
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2014
|
vol. 58
9-30
EN
Researches on the sea loan in Roman law have led to the question of its fate in the western legal tradition, and its actuality for the legal science. Following the history of pecunia traiecticia from medieval times until the nineteenth century, it is fair to talk about the creation of a common framework of sea loan, which, in practice, completely relied on the achievements of Roman legal thought. Ancient heritage is evident from the name itself. Fenus nauticum, sometimes written foenus nauticum, pecunia traiecticia and even usura maritima were constantly present in glosses, commentaries and textbooks of ius civile and common law. They remained in legal science, even if much more popular have become a contract of insurance, bottomry loan or respondentia, different types of contracts that aimed to be a continuation of ancient sea loan. With the full awareness legal tradition preserved sea loan and in order to provide the dogmatic distinction, it found new names for other similiar but not the same contracts. For historical and comparative legal perspective, much more important, however, is the influence of the Roman conceptual framework on the structure of sea loan itself. Undoubtedly, the greatest hero of these ages has been the expression pretium periculi. Together with another ancient formulation si modo in aleae speciem non cadat, they were constant points of reference in the legal tradition. It turns out that not only the Romans feared that the sea loan does not become an convenient opportunity for speculation, or maybe even a way to circumvent the limits for interest. Gregory IX, decretalists, representatives of the usus modernus, nineteenth-century French doctrine and finally jurisprudence and doctrine of English and American common law, emphasized that such an agreement is binding on the parties in so far as it is circumvention of interest or „pure gambling”. In this form sea loan remained an important solution in the western legal tradition that has preserved its autonomy in relation to other types of contracts until the end of the nineteenth century.
5

Profesor na Uniwersytecie Cesarskim w Warszawie V. A. Savalsky

100%
Ivannikow I.
Studia Iuridica
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2014
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vol. 59
141-148
XX
In the article, on the basis of archival data of the state archive of the city of Warsaw and unknown to the Russian reader works (“State law. General and Russian” ‒ parts I Warsaw 1912, and part II – Warsaw 1913) the author sets out a creative way as well as the doctrine of the state and the law of the forgotten Russian philosopher of the early twentieth century V. A. Savalsky (В. А. Савальский) – the first person in Russia who wrote a work on the philosophy of Marburg School of Law.
6

Zapewnienie bezpieczeństwa zdrowia człowieka – jeden z priorytetowych kierunków współczesnej polityki karnej Federacji Rosyjskiej

100%
Tishchenko E.
Studia Iuridica
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2014
|
vol. 58
243-260
EN
The question of social determination of legal support of personal health and community health in the context of modern criminal policy of the Russian Federation is given in the article. The author reveals the main directions of national security in health care and the nation’s health in the Russian Federation and the role of the criminal justice response.
7

Reklama kredytu konsumenckiego w świetle ustawy o kredycie konsumenckim

100%
Kopeć-Kowalczyk M.
Studia Iuridica
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2014
|
vol. 58
105-126
EN
New credit advertising regulations came into force on December 18, 2011, implementing the Consumer Credit Directive. The Consumer Credits Act provides for what information must be included in advertisements for consumer credit agreements and how that information must be presented. In particular – if an advertisement includes any figures relating to the cost of the credit – a ‘representative example’ must be submitted including the percentage rate, the annual actual rate of interest, any non-interest charges required to be paid for the credit, and the amount of credit. If applicable, also the term of an agreement, the total amount payable, the periodic installments, and the cash price of goods or services financed by the credit must be included in an advertisement. The above information must all be displayed in a clear, comprehensive and prominent way. Sanctions for creditors and credit agents breaching the aforementioned are stipulated under other acts. However, impact of the new regulations on daily praxis on the market seems to be limited. It still happens that the compulsory information is not provided in the advertisements in a way which enables consumers to compare different offers, also due to the official interpretation of regulations.
8

Mandat imperatywny – charakterystyka instytucji w polskiej tradycji konstytucyjnej

100%
Pisz M.
Studia Iuridica
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2014
|
vol. 59
247-262
EN
The aim of this article is to present the concept of an imperative mandate in the Polish constitutional tradition. In the first part, the notion of an imperative mandate will be characterized in terms of basic criteria, which distinguish this mandate from a different type – a free mandate. In further parts the regulation of an imperative mandate in the Polish constitutionalism of the Noble Republic of Poland until the 20th century will be presented. In the context of the discussion a special emphasis will be placed on regulations of the Constitution of the People’s Republic of Poland of 22 July 1952.
9

Stopień zawinienia jako przesłanka wymiaru kary pieniężnej

100%
Wojciechowski P.
Studia Iuridica
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2014
|
vol. 58
261-276
EN
During the past decade a shift has occurred, in place of criminal liability is introduced administrative liability based on repressive sanctions in form of administrative fines (financial penalties). Apart from the issue of the legal nature of the administrative fines and conditions of imposing them, an important problem which so far has not been widely analyzed in the literature are circumstances that should be taken into account by the authority in determining the amount of the administrative fine. The Article analyses on one of those circumstances, ie the degree of culpability. Taking into account that administrative fines may be imposed on both individuals and other entities, the author suggests that the assessment of the degree of culpability can not based on guilt as defined in criminal law, which would lead to a breach of the principle of equality under the law of entities engaged in the same activity but in different legal forms, but should based on concept of organizational fault. The article points out that in assessing of culpability should be primarily taking into account the quality management systems used by sanctioned entities, which becomes significantly improved the function of the administrative fines, especially the preventive.
10

Rozwój odnawialnych źródeł energii na obszarach wiejskich w perspektywie nowej Wspólnej Polityki Rolnej

100%
Litwiniuk P., Więcek A.
Studia Iuridica
|
2014
|
vol. 58
139-166
EN
The problem of high greenhouse gas emissions associated with the rapid development of the world economy is increasingly discernible. This is perfectly demonstrated by the course and subject of the Climate Summit which was held in Warsaw in 2013. The consequence of this status quo are the efforts undertaken in the structures of the European Union aimed at achieving by the economy of the Old Continent a stable, sustainable, but low-carbon growth. Initiatives have been undertaken for the purpose of defining objectives to be met in the area of climate and energy policy by 2020. Fulfilling these expectations requires activity in all EU sectorial policies, including the Common Agricultural Policy. The study is to assess the impact of the EU climate and energy policy on the agricultural sector and the role of renewable energy and the agricultural sector in the implementation of sustainable development as set out in the “Europe 2020” strategy. Also, the legislative proposals of the Common Agricultural Policy after 2013 are analyzed in the context of achieving the objective of low carbon economy in the European Union.
11

Informatyka prawnicza a argumentacja prawnicza

100%
Lewandowski S.
Studia Iuridica
|
2014
|
vol. 59
205-216
EN
Although legal informatics and legal argumentation do not belong to the latest topics in the Polish literature, they are rarely discussed together. Prima facie, it may seem that these fields are considerably different from each other, have little in common and even to some degree are competitive against each other. Argumentation is associated with justification, giving the answer to the question “why?”, whereas informatics is perceived as the expression of strict and condensed knowledge. A computer solution resembles a mathematical result obtained after entering the data while the world of law is not a mathematical model. A slightly deeper analysis of the subjects of research, goals and tasks which legal informatics and legal argumentation have to face shows that these disciplines, when skillfully used, may give each other wide support. Legal informatics may provide and frequently does provide far-reaching assistance in finding and gathering arguments. On the other hand, argumentation protects against mechanical and uncritical use of the achievements of legal informatics.
12

Occupatio jako sposób nabycia własności dziko żyjących zwierząt w prawie rzymskim

100%
Benincasa Z.
Studia Iuridica
|
2014
|
vol. 59
9-40
EN
The paper discusses the legal questions concerning occupatio as a way of acquiring the ownership of wild animals (ferae bestiae) in Roman law. According to the fundamental principle of ius gentium, wild animals were the property of no one (res nullius) and could be captured by anyone, at which point they became the property of the captor whether captured on his own land or somebody else’s. Thus, the animal captured was deemed to be the property of the captor as long as it remained under his control (custodia). As soon as a wild animal has escaped from the control (custodiam evadere) recovering natural liberty (libertas naturalis), it became res nullius again and belonged to the first person who subsequently caught it. The problems discussed by the Roman jurists focused, first of all, on determining the moment in which a captor acquired the property of a wild animal: whether it became the property of a hunter as a result of having been severely wounded and prosecuted by him, or if it was necessary to actually capture it. The Roman jurists also considered the question of a wild animal caught in a trap. The other issue elaborated by classical jurisprudence was the concept of custodia as a guaranty of keeping ownership of a wild animal and the related concept of natural liberty as a state opposite to custodia, in which a wild animal preserved the status of res nullius and thus could be captured by anyone. According to the evidence given by legal texts, the concept of custodia was interpreted very widely as a possibility to control a wild animal. It referred not only to wild animals kept enclosed, but also to the tame ones (mansuetae) that live in their natural environment but preserved a habit of returning to their owners (consuetudo revertendi). The attention that classical jurisprudence paid to the question of acquiring the property of wild animals indirectly shows that at the end of the republic the profits from hunting and fishing became a conspicuous source of revenue for Roman landowners so they tended to keep to themselves the exclusive right to hunt on their land.
13

Ochrona gruntów rolnych na obszarach realizacji inwestycji przeciwpowodziowych – wybrane zagadnienia prawne

100%
Stańko M.
Studia Iuridica
|
2014
|
vol. 59
263-274
EN
Widespreading floods for many years call for undertaking a numer of prevention measures. It is also necessary to create new legal instruments enabling faster reaction to occuring disasters. The problems were reflected at the European Union level which was expressed in the Directive 2007/60/WE of the European Parliament and Council of 23 October 2007 on flood risk assessment and management. The expression of legislative work at the domestic level is, among others, the Act of 8 July 2010 on special principles of preparation of investments within the scope of flood constructions. Against the background of the act a problem has occurred whether within the framework of undertaken construction processes, which are often implemented on agricultural areas, the issue of land protection has been pushed aside or generally stopped being of crucial, if any, importance. The problem is the subject matter of considerations of the article. The considerations resulted in drawing some conclusions and enabled to put forward some demands on the legislature.
14

Mechanizm przeciwdziałania antyspołecznemu zachowaniu uczestników obrotu w obowiązującym ustawodawstwie cywilnym

100%
Yatsenko T.
Studia Iuridica
|
2014
|
vol. 58
277-290
EN
In the article historical conditions of formation of a category „antisocial” in civil law are analyzed. The existence of the general prohibition of antisocial behavior in the Russian civil legislation, ensue from the content of the legal relationship between the state and the legally capable person, is proved. The content of civil law’s mechanism of prevention and suppression of anti-social activity of the participants of turnover is considered.
15

Pojęcie nieruchomości w orzecznictwie sądowym

100%
Niewiadomski A.
Studia Iuridica
|
2014
|
vol. 58
215-228
EN
In the modern law concept of real estate is interpreted differently depending on the scope of regulation act, in which it is contained. The article presents various judicial interpretations refer to the concept of property development, which constitutes a development of the basic meanings of this concept in Polish law. The catalog of decisions is illustrative and it should indicate the role of language interpretation in the process of subsumption and flexibility in expanding legal definitions in court decisions. The assessment of this phenomenon is not easy unambiguous, because on the one hand causes legal uncertainty, through the various possibilities of interpretation of this definition, on the other hand it allows you adapting law to the rapidly changing economic and technical capabilities. Presented decision allows conclusion that there was a great number of interpretations of the concept of real estate in Polish law.
16

Próba reaktywacji sądownictwa administracyjnego w latach 1956–1959 (wokół projektu ustawy – Prawo o sądach administracyjnych z 1958 roku)

100%
Gajewski S.
Studia Iuridica
|
2014
|
vol. 58
83-94
EN
The article presents conducted during the years 1956–1959 in the literature of Polish administrative law discussion on the need of reactivation the administrative courts in Poland and proposed ways to achieve it. At the same time – for the first time in the literature – the article shows a detailed regulations of the Law on the administrative courts prepared in 1958 by the Commission of Codification. In the text it was discussed the justification of the project, reasons of its preparation and also – of its failure. The analysis of regulations proposed in this draft bill and discussion, that was connected with it, is now particularly relevant in the context of the being prepared revision of the Law on proceedings before administrative courts.
17

Powszechność usługi rachunku bankowego

100%
Mianowana R.
Studia Iuridica
|
2014
|
vol. 58
203-214
EN
Nowadays the agreement of the bank account is a most often concluded agreement. It results above all from the fact that employees are paid directly to their bank accounts. Amassing financial means, granting credits and loans and conducting cash settlements are main activities of banks. Bank account are more common because of the change of lifestyle and that people need to send different payments, the amount of which is becoming proportional to life activity of a given person. Fixed payments or the subscription of the Internet, digital and cable television, rents, energy, taxes etc. are a duty of more people who don’t want to spend much time on it. A bank account which conducts cash settlements without the need of leaving our home, a solution to such a problem. Connecting bank account with payment cards is also significant, because the possibility of purchasing goods without the need of withdrawing cash is a facility that help trading and saves time as well as goods.
18

Znaczenie przeprosin w rozwiązywaniu sporów prawnych. Przykłady uregulowań prawnych i orzecznictwa dotyczącego przeprosin w systemie common law

100%
Gmurzyńska E.
Studia Iuridica
|
2014
|
vol. 59
95-140
EN
Apology is a mechanism which is hard to describe and define. It is a phenomenon known from our everyday life experience. In most situations people think about apology in a psychological or axiological context. Although apology shows how important feelings of forgiveness and repentance are for people, apology also has a legal meaning. Recently, due to a wider application of the alternative dispute resolution in legal systems, apology has become an interesting research subject particularly in cases of medical malpractice, family disputes, and disputes in labour law, as well as product liability, since application of apology may have meaningful legal consequences. Many authors suggest that apology may have a positive influence on resolution of legal conflicts and disputes. As a consequence, apology may result in resignation from bringing a formal complaint and in effect decrease the number of court claims, thereby reducing the level of conflict between the parties, and causing more creative and constructive negotiation. Benefits of apology have meaning not only in making strategic and procedural decisions, but also result in calming emotions, repairing of relationships, and fulfilling the need for justice or bringing social harmony. However, in many situations apology may be interpreted as admitting an error and cause legal liability. The problem with apology is such that it may have many benefits for the related parties in changing the approach to the conflict and the other party, but on the other hand it may also encourage a legal claim, because one party may believe that the other was at fault. This article discusses how apology may positively influence conflict resolutions in legal matters, why lawyers in most cases advise their client not to apologize and why this traditional attitude needs to be differentiated and changed. It also discusses legal regulation (apology laws) and court decisions in selected common law countries (the US, Canada, Australia) concerning this particular subject.
19

Wybrane problemy prawne w funkcjonowaniu Europejskiej Sieci Ekologicznej Natura 2000

100%
Niewiadomski A.
Studia Iuridica
|
2014
|
vol. 59
231-246
EN
The approaching tenth anniversary of the European Ecological Network Natura 2000 is an opportunity to summarise and assess currently binding regulations referring to these areas. The legislation in this field exists both on the level of European and Polish regulations. Their simultaneous application brings some legal problems that can be identified already today and for which new regulations can be proposed. This article describes selected legal problems referring to the function of the European Ecological Network Natura 2000 in Poland. It deals above all with the issue concerning the plans of protection tasks and influence of sustainable development concept on the changes in Polish law in the scope of regulations regarding the areas of Natura 2000.
20

Kształcenie prawników dla Europy. Droga niemieckiego nauczania prawa od narodowego prawnika sądowego do europejskiego menadżera prawnego

100%
Martinek M.
Studia Iuridica
|
2014
|
vol. 58
181-202
EN
The author describes and comments on the already visible change of the legal education in Europe, particularly in Germany. The new role model aims at an „European Jurist” in terms of a cosmopolitan manager of legal services who masters three languages (English, German, French), studied at least one year abroad and prefers to become a practicing lawyer rather than a judge. The „European Jurist” has been trained in the essentials of law per se and in the legal solution of problems, not in the positivistic details and doctrinal intricacies of a national legal order. He or she represents a new mode of jurisprudential intellectuality and, at the same time, of skillful capability to solving problems in the modern European society, economy and political-administrative system. Rather than the law of the European Union, the „European jurist” is familiar with „European law” in terms of the different legal systems in the European member states. He or she truly understands the similarities, differences and the specialties of the legal systems in the member states, is aware of their historic roots and combines an excellent comprehension of comparative jurisprudence with the practical application of law and with the omnipotent ability of problem solving. Therefore, he or she is superior to the „classical” German jurists of previous generations who have been trained in the traditional German extra way. This traditional extra way is based on a state-organized and state-controlled juridical education. Its role model is a law student who wants to become a Judge or at least plans to work for the government. The old way, which is still lingering on in some respects, wants to create „Generalists” in terms of „unitary jurists” (Einheitsjuristen) instead of specialists in different fields of law. This special path was developed in Prussia in the 19th century. It consists of a dualistic method of training future jurists: At first they study the theoretical and doctrinal issues of academic jurisprudence at law departments of universities before they enter a legal apprenticeship (Referendariat) to familiarize themselves with the practical challenges of the living law and of everyday lawyering. Notwithstanding some hesitant modernizations in the legal education (like a more lawyer-oriented „Referendariat”, courses in foreign legal terminology, communicative soft skills, choice of specialization in the universities), the German legal education still adhered, until recently, to the traditional goals and methods. The author recapitulates the history of the German legal education up to the recent Bologna-debate. He points out that an enhanced internationalization and amplified Europeanization is already on its most promising way. The traditional German legal education is a phenomenon of the past; the future belongs to the „European-Jurist” in terms of a cosmopolitan manager of legal services.
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