Studia Prawnicze

Items from 1 to 20 out of 524 results

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ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE

K. Kowalik-Banczyk

Studia Prawnicze > 2005 > 1(163) > 51-70

The notion of electronic commerce encompasses the whole set of transactions concluded by means of electronic communication. Those transactions are often of particular character - they are both international and consumerist. Therefore the norms and regulations issued by particular states or stemming from international agreements are notoriously not adapted to efficiently protect the interests of the...

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A DISCUSSION ON THE LEGAL STATUS OF THE HUMAN EMBRYO (INTERNATIONAL LEGAL ASPECTS)

J. Kondratiewa-Bryzik

Studia Prawnicze > 2005 > 1(163) > 121-142

The aim of this article is to present various aspects of the human embryo's legal status in international law. Firstly it gives description of philosophical and ethical 'person' concepts, and points out the biologic criteria of life's commencement, thus setting the starting point for legal discussion. Then it examines texts of major international conventions in order to reveal the universal standard...

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INVENTIONS CONCERNING THE HUMAN BODY IN THE LIGHT OF EUROPEAN PATENT LAW

H. Zakowska-Henzler

Studia Prawnicze > 2005 > 1(163) > 71-120

In 1998 the European Parliament and the Council adopted Directive 9844 on the legal protection of biotechnological inventions. The process of implementation of the Directive into national legal systems has encountered difficulties. Their most serious reason was, and are, reservations to the principles of patenting inventions relating to the human body. The aim of this article is to present the three...

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LAW AND STATE IN GERMAN IDEALISTIC PHILOSOPHY (KANT, FICHTE, HEGEL)

R. Kwiecien

Studia Prawnicze > 2005 > 1(163) > 5-49

The study presents the philosophy of law and state of the most eminent thinkers of German idealism: Kant, Fichte, Hegel. The analysis focuses on the following issues: the idea of law, the idea of state and the grounds of international legal order. The main aim is to show the importance of German idealistic philosophy to present-day legal thinking, especially to philosophy of international law. In...

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LEGAL REMEDIES FOR PROTECTION OF INTERNET ADDRESS

M. Bienias

Studia Prawnicze > 2005 > 2(164) > 85-127

The legal problems related to Internet addresses have been analysed and presented mainly in Polish law, the United States and the European Union countries. In the author's opinion, an Internet address can be accepted as a new company sign and treated as a subject of absolute rights. The distinctive capacity of an Internet address will be the ground of its registration as a trademark and other signs...

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INTERPRETATION OF THE CIF TRADE TERM REGULATING TRANSFER OF RISK IN THE INTERNATIONAL SALE CONTRACT

A. Filipiak

Studia Prawnicze > 2005 > 2(164) > 129-152

The practice shows, that even in contracts, which are drawn up very carefully, the parties often omit some details concerning their rights and obligations. Trade terms are used by the parties in their contracts without any reference to the standard informing of the meaning attributed to the terms in trade relations. It is being proved in the article, that in such situations there are many ways of...

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PARTICULAR PROTECTION OF EMPLOYMENT RELATIONSHIP STABILITY

H. Szewczyk

Studia Prawnicze > 2005 > 2(164) > 33-83

The particular protection of employment concerns employees, being in exceptional, 'justifiable' life circumstances due to personal situation or in connection with social-professional functions performed. The measures of legal protection in general shall mean a set of legal measures for clearing the effects of any damage to a particular good or preventing such damage from occurring, to which the subjects...

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GENERAL PRINCIPLES OF LAW IN 'ACQUIS COMMUNAUTAIRE' AND IN PUBLIC INTERNATIONAL LAW - THE MOST IMPORTANT RESEARCH QUESTIONS

J. Sozanski

Studia Prawnicze > 2005 > 2(164) > 5-31

General principles of law are considered to be a classic problem of public international law what is reflected in the literature of the subject. However, theoretical works do not find and neither do not analyze many important aspects included in the issue. In this context the following, more important research questions appear: (1) The position of general principles of law in systems of sources of...

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EC COMPETITION RULES AND THE FREEDOMS OF THE INTERNAL MARKET. BETWEEN CONVERGENCE AND DIVERGENCE

M. Szydlo

Studia Prawnicze > 2005 > 3(165) > 65-109

Rules of competition and the four freedoms of the internal market are one of the most important part of the EC Treaty. Their importance consist in constituing the internal market, which has to be understood as area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Without any doubt one can say, that rules of competition and the four freedoms...

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THE PRINCIPLES OF EUROPEAN CONTRACT LAW (PECL)

R. Stefanicki

Studia Prawnicze > 2005 > 3(165) > 109-125

The present state of contract law in the European Community is still characterized by the coexistence of national contract laws. The functioning of the internal market would attempt to achieve convergence in national contract law by promoting the development of common Principles of European Contract Law (PECL). They should reflect solutions common to all national legal orders in the European Union...

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REMARKS CONSOLERING; 'THE POLISH CONFESSIONALS LAW' BY FATHER JOZEF KRUKOWSKI - CRITICAL ARTICLE

P. Borecki

Studia Prawnicze > 2005 > 3(165) > 137-149

'Polish Confessional Law' by Father prof. Józef Kurkowski - a celebrated authority on Polish confessional law - is the second edition of this handbook which is the commentary on certain regulations to the law in force. The construction of the book has not been changed, however, a completely new final chapter concerning the confessional law in EU has been added as a supplement The content of the book...

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REGULATED ECONOMIC ACTIVITY

A. Powalowski

Studia Prawnicze > 2005 > 3(165) > 125-137

A distinctive feature of the regulated activity is its subject, legal grounds as well as the fact that separate registers of such activity are kept and respective entries are made into registers (and are removed from them) pursuant to a specific legal procedure. The regulated activity is something different from the, heretofore well-known to Polish law, rationing measures such as concessions and licences,...

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RELIGIOUS LIBERTY AND THE CIVIL STATUS IN THE VERDICT OF THE FEDERAL CONSTITUTIONAL COURT

A Siewko-Frey

Studia Prawnicze > 2005 > 3(165) > 49-65

The article deals with the question if an official teacher at a regular German public school is allowed to wear a religious headscarf during her lessons. Handling this question the Federal Constitutional Court of the Federal Republic of Germany came to the following conclusion: In a controversial decision it pointed out that there would be no adequate base in the federal state laws to forbid the teachers...

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SYSTEMS OF GOVERNMENT

J. Szymanek

Studia Prawnicze > 2005 > 3(165) > 5-49

This paper analyses various systems of government understood as formal and actual relations between the legislative and executive authority. According to the principle of segregation of powers they are segregated first with regards to the scope of competence and then with regards to the competent authority, consequently allowing for a clear distinction between the legislative and executive authority,...

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THE OFFENCE OF DEFAMATION WITH THE USE OF INTERNET IN POLISH CRIMINAL LAW

J. Jakubowska-Hara, C. Nowak

Studia Prawnicze > 2005 > 4(166) > 117-120

The paper addresses the issue of the defamation in the Polish criminal law, with a special attention paid to acts committed through the mass media, Internet included. The authors consider that this special tool creates new possibilities for perpetrators of defamation and also new risks as it makes even more difficult to obtain an adjustment of false information from the person who has diffused it...

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RATIONAL LAWMAKING PROCEDURE AS THE BASIS FOR GOOD LAW

A. Bierc

Studia Prawnicze > 2005 > 4(166) > 5-29

The key to good law is rational lawmaking procedure, which would properly combine the requirements of communicative rationality, which assumes the need for a free and equal lawmaking discourse on the value of the law being made, with the requirements of instrumental rationality, favouring the efficiency and effectiveness of law. In connection therewith, this paper attempts to determine whether, and...

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CYBERCRIME: LEGAL AND CRIMINOLOGICAL ASPECTS

A. Adamski

Studia Prawnicze > 2005 > 4(166) > 51-76

This paper examines the current state of criminal legislation and operations of the criminal justice system in Poland in the area of information and communications technology (ICT) crime. It is indicated, that already in the late nineties all the computer-related infringements that compose 'the minimum list' of the 1989 Council of Europe recommendation were criminalised under the 1997 Penal Code (unauthorised...

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INTERNET CRIMES IN THE POLICE PRACTICE

B. Swiatkiewicz

Studia Prawnicze > 2005 > 4(166) > 109-115

The article presents the main directions of the investigation and detection activities related to internet offences committed on the territory of Poland, broken into types of property affected, and into criminal and economic offences. It also features general statistical data from 1999-2002 for offences detected, in accordance with Art. 287 § 1-2, 267 § 1-3, Art. 268 § 1-3 and Art. 269 § 1-2 of the...

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INTERNET AND THE RIGHT TO PRIVACY

A. Lopatka

Studia Prawnicze > 2005 > 4(166) > 129-131

Internet serves first of all to realise one's freedom of expression. Taking use of that freedom has however its limits. One of them is the right to privacy. Interference with the right to privacy brings about criminal responsibility, civil liability as well as other forms of responsibility. Both the scope of the freedom of expression and of the right to privacy are not determined in a sacrosanct way,...

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INTERNET OFFENCES RELATED TO COPYRIGHT LAW

A. Wisniewski

Studia Prawnicze > 2005 > 4(166) > 135-140

In the Polish penal law all crimes related to computer using are provided in the Penal Code (art. 165, 267, 268, 269, 278 par. 2, art. 287, 293) and in Copyright Law (1994). Since 1997 the Polish penal law is consistent with the provisions of Recommendation R. (89) 9 of the Committee of the Ministers of Council of Europe. Scope of the provisions of Polish Copyright Law on computer-related crimes was...

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INFONA - science communication portal

Studia Prawnicze

ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE

A DISCUSSION ON THE LEGAL STATUS OF THE HUMAN EMBRYO (INTERNATIONAL LEGAL ASPECTS)

INVENTIONS CONCERNING THE HUMAN BODY IN THE LIGHT OF EUROPEAN PATENT LAW

LAW AND STATE IN GERMAN IDEALISTIC PHILOSOPHY (KANT, FICHTE, HEGEL)

LEGAL REMEDIES FOR PROTECTION OF INTERNET ADDRESS

INTERPRETATION OF THE CIF TRADE TERM REGULATING TRANSFER OF RISK IN THE INTERNATIONAL SALE CONTRACT

PARTICULAR PROTECTION OF EMPLOYMENT RELATIONSHIP STABILITY

GENERAL PRINCIPLES OF LAW IN 'ACQUIS COMMUNAUTAIRE' AND IN PUBLIC INTERNATIONAL LAW - THE MOST IMPORTANT RESEARCH QUESTIONS

EC COMPETITION RULES AND THE FREEDOMS OF THE INTERNAL MARKET. BETWEEN CONVERGENCE AND DIVERGENCE

THE PRINCIPLES OF EUROPEAN CONTRACT LAW (PECL)

REMARKS CONSOLERING; 'THE POLISH CONFESSIONALS LAW' BY FATHER JOZEF KRUKOWSKI - CRITICAL ARTICLE

REGULATED ECONOMIC ACTIVITY

RELIGIOUS LIBERTY AND THE CIVIL STATUS IN THE VERDICT OF THE FEDERAL CONSTITUTIONAL COURT

SYSTEMS OF GOVERNMENT

THE OFFENCE OF DEFAMATION WITH THE USE OF INTERNET IN POLISH CRIMINAL LAW

RATIONAL LAWMAKING PROCEDURE AS THE BASIS FOR GOOD LAW

CYBERCRIME: LEGAL AND CRIMINOLOGICAL ASPECTS

INTERNET CRIMES IN THE POLICE PRACTICE

INTERNET AND THE RIGHT TO PRIVACY

INTERNET OFFENCES RELATED TO COPYRIGHT LAW

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