Search results - CEJSH

1

DOMAIN NAME DISPUTE SOLVING IN PRACTICE OF THE COURT OF CONCILIATION FOR INTERNET DOMAINS AT POLISH CHAMBER OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS (Rozstrzyganie sporów o nazwy domen internetowych)

100%

Bartosiak J.

e-mentor

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2010

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issue 1(33)

73-76

EN

Court of Conciliation for Internet Domains at Polish Chamber of Information Technology and Telecommunications is one of the three Conciliation Courts referred to in NASK (Polish domain name registrar) regulations. Legal acts quoted most often by the prosecutors are business property act, competition and consumer protection act and civil code regulations. Decisions of the Court provide interesting reflection on the scope of applicability of registered trademark, right to protect the reputation and brand. There are also disadvantages of the Court activity, e.g. large scope of anonymity or vague role of the arbiters acting as the party representative to the Court. Still, Court's output plays an important role in defining practical and doctrinal foundations of the IT law.

2

Unia Europejska wobec kosmopolityzmu prawnego

100%

Hoff W.

Studia Europejskie-Studies in European Affairs

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2014

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issue 3

s.73-92

EN

This article seeks to identify the characteristic features of legal cosmopolitanism, the EU’s attitude towards it, and its consequences. Cosmopolitanism manifests itself in creating normative systems outside and above traditional international law. While the latter draws its binding power from the will of states, cosmopolitan rules are created by private actors and their binding power results predominantly from the practical necessity to obey. Such is the status of lex sportiva, of the power of rating agencies, or private accreditation bodies. Rating agencies create soft, although powerful rules concerning the standing of commercial papers, goods, services and entire national economies. Institutional examples of cosmopolitan rule are also global judicial and administrative networks. Judges and regulators exchange opinions and information, thus informally shaping the axiological foundations of decision-making. The relation of the EU towards cosmopolitan law is multifaceted. The EU has been an inspiration to the cosmopolitan legal theory and activism. In some areas the EU clearly asserts the superiority of its law, particularly where the rules of the internal market are being violated. In some instances the EU allows cosmopolitan rules to take over as is the case of the rules of the game in sports law, while in other areas the rules of both systems overlap or disjoint. Usually, the spread of cosmopolitan normative systems is the product of a power vacuum created by insufficient activity of the EU or national legislative bodies. The downside of legal cosmopolitanism is the danger of judicial overstepping their powers by making laws instead of applying it. Cosmopolitan organizations, including rating agencies, avoid responsibility hiding behind their status as private organizations while at the same time exercising exorbitant infl uence on public life. The most important reservation is this: by enhancing the cosmopolitan multicentricity of law and its desystemization we deprive law of its defi ning attribute – predictability. Fortunately the EU has taken some legislative actions to counterbalance the negative impact of cosmopolitanism. The recent UE regulations aimed at subjecting rating agencies to more control are a step in the right direction, and a model approach to cosmopolitan normative systems.

3

Psychologiczne i realistyczne ujęcie prawa: Petrażycki a Olivecrona

80%

Bunikowski D.

Roczniki Naukowe Wyższej Szkoły Bankowej w Toruniu

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2011

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issue 10

369-386

EN

The article concerns a concept of law in Leon Petrażycki's theory and Scandinavian legal realism (Uppsala school) represented by Karl Olivecrona. The author, explaining the concept of law, seeks connections between Petrażycki's theory and the ideas forwarded by the Scandinavians. According to Petrażycki, law is a psychological fact — a legal emotion in human mind, mentality. On the other hand, according to Olivecrona, law is a fact - a human behaviour which is determined by reality in the mind. The conclusion for lawyers is that law should be treated not only as a normative fact (legal texts) or axiological fact (values, principles), but also as a psychological fact (Petrażycki-legal emotions), and a behavioural fact (Olivecrona — human behaviour and reality in human mind). Polish theory of law and practice lack considerations of this type.

4

TRANSFER OF REGISTERED SHARE CERTIFICATE AND WITHDRAW FROM CONTRACT OF PURCHASE OF REGISTERED SHARE CERTIFICATE (Prevod listinnej akcie a odstupenie od zmluvy o kupe listinnej akcie)

80%

Janac V.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2009

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vol. 92

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issue 4

364-374

EN

The first part of the article deals with the questions related to the valid transfer of property rights to the registered share certificate. The second part of the article deals with withdrawal from the contract of purchase of the registered share certificate, especially to the consequences of such withdrawal. The main part of the article is dedicated to the searching of solutions how to solve the problems which arise from the specific ways of transfer of property rights to the registered share certificate (the endorsement) on time after the withdrawal. Searching of stated solutions is focused on the possibility of recovery of the vendor's property right to transferred registered share certificate.

5

Wplyw nowelizacji prawa farmaceutycznego na obrot lekami. Wybrane aspekty

80%

Wos A.

Contemporary Economics

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2007

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issue 2(2)

83-97

EN

This paper presents the process of turnover the medicaments between pharmaceutical market that is shaped by amendment of pharmaceutical law. Relationship presented in this article is to show the way of medicament through the law maze from the moment of registration to the final distribution in the pharmaceutical market in Poland.

6

Status prawny europejskiej transnarodowej federacji partii politycznych – studium przypadku Europejskiej Partii Ludowej) Source: quarterly European Studies (Studia Europejskie

80%

Kaleta P.

Studia Europejskie-Studies in European Affairs

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2012

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issue 3

111-132pl

EN

The legal status of federations of political parties on the European Union level is expressed both in the primary and secondary EU law. Certain criticism and further evolution notwithstanding, the definitions and financing criteria provided therein seem to clarify the situation of these federations in a sufficient, comprehensive manner. In turn, their by-laws and internal organisational provisions show that European transnational federations of political parties play an important role in the European Union institutions and the political process taking place therein. An analysis of these provisions seems to prove also their additional value as pioneering legal solutions in the political organisation on the Union level – again, notwithstanding certain doubts on their formulation. The European People’s Party, as the biggest existing federation, is a good example of their legal and political features.

7

KANT A PROBLÉM POLITIKY

80%

Belás Ľ.

Filozofia (Philosophy)

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2008

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vol. 63

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issue 2

131-143

EN

The paper offers a discussion of Kant's views on politics. It shows how the latter is interwoven with the morals and law. The author reminds us, that for Kant the highest political good possible was the eternal peace. What plays an important role in reaching this status is the reform. The author aims at justifying the claim, that Kant's interest in politics was not a matter of contingency. As he believes, its continuity can be proved, especially in Kant's 'Kleine Schriften', as well as in many of his remarkable remarks in his big works.

8

Genderové aspekty neúspěchu českých návrhů zákonů upravujících náhradní výživné na dítě

80%

Havelkova B., Cidlinska K.

Gender, rovné příležitosti, výzkum (Gender, Equal Opportunities, Research)

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2010

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vol. 11

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issue 1

60-73

EN

Many European states, including the Czech Republic, face a high default rate on child support payments. In combination with a high divorce rate and, in some states, ineffective law enforcement, this has become a dire problem and one that has gender repercussions. In an effort to solve this situation, almost half of the EU member states have adopted a system of state advances on child maintenance. The Czech Republic is not one of them. The article discusses why all three attempts to pass such a law have failed in the Czech Republic. Is there an alternative measure fulfilling this role? Have the proposed bills been deficient in some way? Or is something else obstructing the adoption of a bill? The authors argue that, while the proposed bills could be criticised for minor technical or conceptual imperfections, the parliamentary debates on these bills indicate a more deeply rooted opposition. Manifestations of three main positions are identified: economic liberalism, social conservatism, and gender stereotypes.

9

Testamenty duchowieństwa diecezji wileńskiej w drugiej połowie XVI w. Prawo i praktyka

80%

Pawlikowska W.

Kwartalnik Historii Kultury Materialnej

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2011

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vol. 59

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issue 3-4

394-407

EN

Over 40 years ago Jerzy Ochmański stated that the cathedral chapter in Vilnius gathered the intellectual élite of Lithuania. In the mid-16th c. this group comprised 75 high-status clergymen (prelates and canons), 73 of them being lay clergymen and two – friars of the Dominican Order. Lay clergymen were able to bequeath their property, unlike friars, who were deprived of private property by the vow of poverty. Therefore, testaments of friars are rarities. Based on testaments, prosecutor accounts, shorthand notes from chapter meetings and the statute of the chapter, the article reconstructs the way of executing testaments. One of the decrees of the Vilnius chapter statute stated what should be done with the movable property of a canon or prelate if he did not leave a testament. Another decree granted the right to draw up a testament to each canon and prelate. Information on inheritance proceedings and on ways of sharing out the movable property can be found in accounts of chapter meetings. Records included in the accounts differ in length, frequency and the level of detail depending on the time they come from (from laconic mentions at the beginning of the period in question to more detailed descriptions at the end of the 16th c.), on who was in charge of the documents at that time, and possibly on what difficulties were encountered by the executors. Additional information can be drawn from the surviving yearly accounts of the chapter prosecutors from the last quarter of the 16th c. In several cases the originals or vidimuses have survived, therefore it was possible to compare testament instructions with their execution. In inheritance proceedings concerning the property of its member the chapter as a body strove to obey the statute both when the late clergyman drew up a last will and when he died not having shared out his properties. Nevertheless, it sometimes happened that particular members committed misappropriations or embezzlements. Other members reacted to such cases immediately; first of all they tried to recover the money and movables lost. The article aims to describe how the movables and money left by members of the Vilnius chapter were dispensed by the other members or testament executors. The data collected in the article can also provide a basis for further conclusions, for instance about clergymen’s mentality and personal relations; they also shed some light on the doings of the intellectual élite of Lithuania.

10

BOTH TO THE MEANING AND OBJECTIVE OF LAW FROM THE POINT OF VIEW OF LEGAL REGULATIONS' INTERPRETATION: METHOD OF ARGUMENTATION BY MEANS OF TELEOLOGICAL INTERPRETATION (BOUNDENESS OF A JUDGE BY LAW) (Czech title - below)

80%

Hanus L.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2009

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vol. 92

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issue 2

97-122

EN

(Title in Czech - 'Ke smyslu a ucelu prava z pohledu interpretace pravnich predpisu: argumentaci teleologickym vykladem (vazanosti soudce zakonem)'). The article is corcerned with the interpretation of law with particular reference to the emphasized role played by the teleological interpretation method in the ascertainment of the content of a legal regulation. The autor points to the legitimate posibility and necessity of judge-made completion of law with the reservation that the judicial decision represents the continuation and not the beginning of the lawe-making process. With regard to the substance of codification based on its purpose (ratio legis) as well as such objective factors as particularly overgrown legal system in terms of the number of regulations, intricacy, often also disharmony, vagueness or unintelligibility of regulations, the autor accentuates the role of the quest for the meaning and purpose of the regulation in the legal system as a meaningful whole as the fundamental interpretation directive in the search fo its content. The autor andeavours to present a schematically transparent and generally applicable algorithm of mutual modifiability of the result of interpretation resulting from the linguistic and the teleological interpretation methods and or to outline the situations in which the result of teleological interpretation is capable of modifying, supplementing or fundamentally changing the result of the interpretation of a legal regulation ascertained purely on the basis of linguistic criteria, while outlinig the limits preventing arbitrariness in the application of law.

11

PROTECTION OF CONSUMERS' INTERESTS IN THE EUROPEAN UNION - DEVELOPMENT TRENDS (Ochrona interesow konsumentow w Unii Europejskiej - tendencje rozwojowe)

80%

Palka P. W.

Pieniądze i Więź

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2011

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vol. 14

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issue 1(50)

176-193

EN

The article presents different ways of defining the concept of consumer, as well as basic consumer rights in the civil law transactions against the background of national law and the law of European Union. In contemporary civil law transactions, dominated by business, what should be emphasised are fundamental aspects of the protection of weaker contracting party - the individual making the legal actions, not directly related to his business or professional activity. It seems that it is necessary to consider the codification of European consumer law in a single instrument, which, through the adoption of civil standards' system together with public standards, while adopting Art. 221 of Civil Code, would contribute to single out consumer marketing in the European Union, and also would save the legal systems of Member States from the divergence arising from the abstract and imprecise secondary legislation acts of European Union.

12

PRÁVO A RECENTNÍ SOCIÁLNÍ ZMĚNA

80%

Večera M., Urbanová M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2015

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vol. 98

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issue 5

455 – 467

EN

A law not only reflects the existing social situation but also plays an important role when the situation changes. The law manifests itself in its conservative aspects, its innovative effects on the social relationships, in the actions taken by social institutions and in the course of social processes. It acts as an independent and dependent variable of social change in society; it is both the cause and the result of a social change. The legal tools of social change legitimize the ongoing social changes and help to enforce them via the authority of law. In the postmodern society with a pluralizing social structure and the growing normative and value-related plurality, law contributes and supports the minimum normative and value-related consensus of society. The law’s regulative, integrative and innovative functions have become necessary in the postmodern society. The increasing complexity of a social life and the need to restore legitimacy of the political system contribute to replacing the executive power with hypertrophy of legislative tools. In the process of post-modernization, law not only reflects and affirms social changes in society but it also becomes more and more important tool of social change.

13

Towards More Experimentalism in EU Governance of GMO Risks? Experience, Reforms and Remaining Problems

80%

Dąbrowska-Kłosińska P.

Studia Europejskie-Studies in European Affairs

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2014

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issue 3

115-141

EN

The conclusions of my earlier work on the GMO regime in the context of experimentalism identifi ed the need for the revision of policy objectivesin this fi eld and for an institutional choice between political bargaining and experimentalist measures. The first of the claims became visible in the recent reform of the policy-sector, where the EU went through a revision process marked by market experience, the input of lower-level units and peer-review exercises. The effect of this process is the redefinition of regulatory objectives in the proposed reform. The need for regulatory modifications also reinforced two central, experimentalist features of the EU internal regime, which are: (a) constant attempts made by policyactors to respond to GMO risks under conditions of uncertainty and in the light of experience; and (b) on-going recursive revision of goals and a refl ective approach to GMO policy. In view of the present research, I would modify my second claim into a more definite statement. I believe that a desirable pathway toward further improvement of the GMO regulatory framework in the EU leads through the further conscious and consequential employment of experimentalist solutions in decision-making on GMO approvals. The evidence from the operation of the authorisation procedures over the last decade demon-strates that hierarchical decision-making, if accompanied by non-transparent, inflexible and non-participatory institutional practice, leads to further frustration of all actors and narrows the space for the emergence of deliberative practices. The democratic legitimacy of the decisions reached can also be questioned in view of deliberative ideals. There is a potential for the new regulatory framework, strengthened by the proposed reforms, to function in a more experimentalist way, on the condition that the involved EU institutions will be open to modifying their practices in a more stable manner and that the Member States agree on the entry into force of the reforms. The lack of successful co-operation in the approval procedures seems to be linked to inadequate institutional practices, apart from political disagreements. The latter cannot be removed in their entirety, but in order to ensure better policy outcomes there is a need to improve the institutional practices of the EFSA and the Commission in the first place.

14

ÚSTAVNÉ ZVYKLOSTI – KRITIKA, KONTEXT, REFLEXIE

80%

Neumann J.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2019

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vol. 102

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issue 6

470 – 482

EN

The article deals with the topic of constitutional conventions. The authors analyse role and function of these specific source of law and ask the question if states with continental law culture should accept their existence. Core of considerations is built up on discussing condition required for their occurrence, i.e. stabilized long term praxis and common conviction of their binding force. The paper particularly reflects possible approaches, which lead to the fulfilment of these conditions.

15

MOTÍVY BOŽIEHO MILOSRDENSTVA V Ž 89 V PERSPEKTÍVE SPEVU BENEDICTUS (LK 1,68-79)

80%

Tyrol A.

Verba Theologica. Teologický časopis

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2017

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vol. 16

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issue 2

20 – 28

EN

The two texts demonstrate the desire for the salvation of God‘s people of the Old Testament and ascribe the glory to God for this salvation. The first text shows the Psalmist and his call for salvation and the second poem portrays the priest Zachariah and his hymn glorifying God for saving Israel. This study brings biblical-theological perspective to the dynamics of life based on faith and hope of God‘s people, between the desire for salvation and the joy in its fulfillment.

16

SPRÁVNE SÚDNICTVO V SYSTÉME DEĽBY MOCI

80%

Tomaš L.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2022

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vol. 105

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issue 6

469 – 496

EN

The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.

17

THE LAW AND THE LANGUAGE IN THE PHILOSOPHY OF THOMAS HOBBES AND H. L. A. HART

80%

Doliwa K.

Studies in Logic, Grammar and Rhetoric

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2009

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issue 15(28)

199-209

EN

The aim of the study is to compare T. Hobbes' and H. L. A. Hart's remarks concerning theories of language and the emphasis of the role of linguistic questions in the ideological systems of the two philosophers, demonstrating that their views on the language are considerably related to considerations concerning the law.

18

PE/VC sector in Poland between 2005 and 2008

80%

Debski W.

Contemporary Economics

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2010

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issue 1(13)

115-127

EN

Polish sector of PE/VC has begun to develop intensively in the recent years. Especially it is noticeable in comparison to the Central and Eastern Europe region. The article presents conditions and law regulations concerning existence of VC in Poland and PE investments done in Poland in 2005-2008 as well. The article shows also possibilities of further development PE/VC in Poland and their influence on economy.

19

Prawo – nieodłączny towarzysz człowieka

80%

Sobański R.

Z Dziejów Prawa

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2011

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vol. 4(12)

17-25

EN

The article constitutes an original and interesting reflection of an outstanding theoretician of law on law-man relations. The author shows an ambivalent attitude to law as a result of its appreciation, emphasizing at the same time an important role of law in the European civilization. Asking whether law is a good companion for man, Sobański admits that the very question is not purely abstractive as it derives from the observation of the reality. This ambivalence in relation to law is explained as the result of appreciating the very law. The history of law is at the same time the history of controversies around the notion of law and its nature. Though, the fact that law exists is not controversial itself. Law is understood differently and the way of conveying law (in an oral or written manner) is also different. The author underlines that law is a tool of justice, namely a means of executing justice. He refers to the representatives of the Roman law, and stops at the understanding of the statement “I have a right”, analyses Ulianov’s definition of justice (law can be a tool of justice if the will of justice exists). Next, he points to the pressure touching the whole law practice: law takes into account readiness for perceiving posteriori whereas it makes sense only when it is possible to execute this perception. He pays attention to the causes of discrepancies between law and life (lack of agree- ment when it comes to the notion of justice). His conclusion is that law is a good companion of man when he/she wants to live a peaceful life.

20

Wykorzystanie instytucjonalnych form ochrony własności intelektualnej w przedsiębiorstwie – zarys problematyki

80%

M Dereń A.

Zarządzanie i Finanse

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2012

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vol. 1

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issue 3

61-71

EN

Economic subjects, which its strategy based at the innovative potential need to make efficient use of available intellectual assets value and should therefore take measures to ensure the development and protection of these resources. This protection is one of the key components of intellectual property management in the enterprise. The article presents the problem of the use of institutional forms of intellectual property protection in economic activity. In describing the essence of the protection sought to demonstrate its importance, not only for the development of innovative activities of modern enterprises, but also to increase the economic potential and strengthen the market position of the company.

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