Search results - CEJSH

1

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.

2

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.

3

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.

4

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

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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.

5

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

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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.

6

Meaning of Activity of Adjudication Comissions in Cases Related to Violation of Public Finance Discipline in Polish Legal System

100%

Bożek W.

Financial Law Review

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2019

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vol. 16

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issue 4

56-67

EN

The author's goal is to identify the importance of the activity of adjudication commissions in cases related to violation of public finance discipline in polish legal system and to show the problems of non-effectiveness legal solutions in the system of liability for violating public finance discipline. In the author's opinion, this article belongs the stream of researches on the essence and range of liability for the violation of public finance discipline and it may be useful in the practice of financial law implementation. Several research methods are used in the study, including dogmatical, analytical, legal comparative and empirical method. The author comes to the conclusion that analysis of regulations included in the Act of 17 December 2004 indicates that subjective range of liability for the violation of public finance discipline is extensive and casuistic. Despite of recent changes, there is still an effect of incomplete regulation for all processes relating to public means collecting and disposing. The activity of the adjudicating commissions indicates that violations of the public finance discipline occur most often in the local government sector. A small number of decisions are appealed to the MAC. It is required to consequently and effectiveness extend liability for violation of public finance discipline over all entities who use public funds. Analysis of legal solutions of countries of the Europe: United Kingdom, France and Germany permitted to show complexity of problems accompanying to maintenance of financial discipline in these countries, and at the same time it is a starting point to indicate alternative solutions aimed to ensure order in public finances of these states.

7

Glosa do wyroku Sądu Najwyższego z dnia 19 kwietnia 2021 roku (sygn. I CSK 40/21)

100%

Fortuna F. I.

Civitas et Lex

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2023

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vol. 39

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issue 3

95-102

EN

The presented gloss relates to the judgment of the Supreme Court of 19 April 2021, ref. I CSK 40/21. There are two main issues in the case. The first issue relates to the admissibility of the second instance court considering the establishment of facts of the court of the first instance as its own in the case of an allegation of an incorrect evaluation of the facts raised in an appeal. The second issue, on the other hand, relates to the admissibility of the fact that the creditor has filed a bankruptcy petition as an automatic fulfillment of the exoneration condition. Although on the first issue, one may agree with the position of the Supreme Court that such an action of the court is acceptable, on the second issue it is not necessarily so. Despite the inconsistent position of the judicature in this matter, an analysis of the binding regulations and the doctrine allows one to conclude that such an interpretation is incorrect. The burden is on the member of the company's board to prove the existence of any of the exemption circumstances. Filing a petition for bankruptcy by anyone does not relieve him of this responsibility.

8

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.

9

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.

10

A New Legal Framework for Online Platforms in the European Union (and Beyond)

100%

López Richart J.

Review of European and Comparative Law

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2024

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vol. 59

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issue 4

149-175

EN

In the early 2000s, the EU adopted the Electronic Commerce Directive to regulate information society service providers. An important part of this piece of legislation was the safe harbor provisions, which exempted intermediary service providers from liability for illegal content transmitted or hosted by their users, provided that they complied with specific conditions. After more than twenty years, the emergence of significant online platforms and the increased use of those services has resulted in new risks and challenges for individuals, companies, and society as a whole, which led the European Union to adopt a new regulatory framework for intermediary services. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to substantially impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to have a substantial impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet.

11

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

EN

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.

12

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.

13

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

EN

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.

14

Kwestia charakteru odpowiedzialności odszkodowawczej notariusza w zakresie odpowiedzialności cywilnej za szkody wyrządzone przy wykonywaniu czynności

100%

Ryszkowski K.

Studia Iuridica

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2022

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vol. 95

421-432

EN

A notary, as a person who performs activities that play a huge role in legal transactions and produce extremely significant effects, is obliged to act in accordance with the law and behave with dignity – both in private and public life. The notary is responsible for the breach of these rules. As a rule, the following types of liability are mentioned: civil, criminal, disciplinary, and tax. Based on Art. 19a of the Law on Notaries, a notary public is subject to compulsory third-party liability insurance for damages caused while performing notarial activities. There are doubts about the nature of the civil liability of a notary and its scope. This article aims to provide a clear answer on this matter.

15

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.

16

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.

17

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

88%

Marciniak B.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

|

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.

18

Prawna odpowiedzialność z tytułu pełnienia roli społecznej

88%

Peno M.

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.

19

Ustalenie odpowiedzialności w oparciu o dowód z ekspertyzy wariograficznej

88%

Krasoń R.

Acta Universitatis Lodziensis. Folia Iuridica

|

2015

|

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.

20

Odpowiedzialność organów władzy państwowej i ich członków za niekonstytucyjne ograniczenia praw i wolności jednostki w czasie stanu zagrożenia epidemicznego i stanu epidemii

88%

Uziębło P.

Constitutional Review

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2021

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issue 1

5-28

EN

The introduction of the state of the epidemic threat in Poland, and then the state of the epidemic, revealed far-reaching violations of the Constitution of the Republic of Poland in the sphere of individual rights and freedoms, which are the result of regulations contained in in the Act on Combating Infectious Diseases of 2008, as well as in the acts that were adopted for its implementation. On the basis of this case, it is worth asking about the responsibility of persons participating in the process of adopting such defective normative acts. In this article, the author considers the potential options for enforcing such responsibility. The conclusions that follow show little chance to draw legal consequences against persons participating in the procedure of adopting those normative acts. Similarly, political responsibility is illusory. Therefore, it becomes necessary to consider introducing amendments to the Polish legal system that will allow for effective attribution of the liability to persons who participated in the adoption of normative acts that grossly violated the provisions of the Constitution. Such actions, however, would require not only changes to the existing legislation, and sometimes even the Constitution, but also the political will to do so, which can be considered the main problem.

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