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Here is a coherent juxtaposition of theses concerning the functions of bonds which appeared in achievements of law and economics doctrine. Functions implemented by bonds doubtlessly indicate serious tasks provided by these financial instruments. Firstly, the importance of this security in economy circulation must be presented (economy function). Next, it is necessary to indicate, as it is rightly...
This short essay, while being an introduction to deep reflections, consists of three parts: 1. Elie Bertrand’s profile; 2. the role of correspondence as a particular source for discussion; 3. contribution of the legal and political ideas in Elie Bertrand’s correspondence. The first part presents Elie Bertrand as a Helvetic scholar who skillfully combines the duties of a Calvinist pastor with his scientific...
This study focuses on the problem of the possibility of discrimination against employees or future employees based on their genetic heritage. This issue is related to the dynamic development of modern genetics the effects of which are perceptible in labor relations. At the beginning of above considerations is the relationship between the scope of personal data which employer may demand to provide...
Explanation and understanding of the nature and function of the procedural acts as essential constituent elements forming the structure of the proceedings before the administrative court is fundamental to the scientific explanation of the procedural issues. Today, it is difficult to imagine a full study of any institution of procedural law without reference to the debate on the general assumptions...
In the countries of the European Union a manufacturer, an importer, and an authorized representative have to meet the requirements for the type of goods. An action which allows to provide the same level of quality for all products is harmonization. As a rule harmonization is achieved by implementation of EU directives, which should by placed in the legal system of the Member States. But focus only...
The article relates to the increase of share capital in limited liability company (spółka z ograniczoną odpowiedzialnością) without altering the articles of association. Particularly, the article encompasses the subject whether it is admissible to restrict the pre-emptive right of current shareholders to subscribe shares in increased capital in the procedure of “simplified increase of capital,” arguments...
To provide, in accordance with the objectives of the Science Reform, the efficiency of the scientific research and the high position of the higher education institution on the market of educational-scientific services, the organizational changes guaranteeing higher degree of focus on the scientific task and specialization of the body of academic teachers are required. According to Art. 111 of the...
Regulations governing the structure of public authorities as well as the conditions of employment in public institutions should be designed in a manner to ensure their effectiveness. It is also necessary that the design of these regulations and conditions considers the findings of both law and social sciences such as sociology, organisation and management science and social psychology. The use of...
Since 1 July 2013 gminas will take over the responsibility for collecting the so-called municipal waste. Owners of occupied and unoccupied properties located within a particular gmina are required to declare the amount of waste management fee. Residence is not always registered and in practice it can be problematic as regards charging the so-called “waste fee” to some owners of unoccupied properties...
The Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict was adopted in The Hague on 26 March 1999 and entered into force on 9 March 2004. The Polish Republic ratified the Protocol on 17 November. The Protocol came into force in Poland on 3 April 2012. The Protocol established a new system of enhanced protection of cultural property...
Over-regulation in the Polish tax law causes the need to look for mechanisms that mitigate this process. One of the important issues leading to searching for these mechanisms is the flexibility of the tax law. The issue of the flexibility of the tax law is further justified by the strong relationship between business transactions and tax law, which directly fits into the overall relationship between...
The analysis of the occupation of a lab diagnostician makes it clear that the job possesses lots of features characteristic of the so-called free professions. According to the author of the article, this cannot be ignored while analyzing the legal status of the job. What deserves a special attention, is the fact that the job of a lab diagnostician shares also the features of “the profession of public...
The article concerns the criteria of review adopted by administrative courts to examine decisions issued by public authorities at their administrative discretion. The author presents views of legal commentators and judicial decisions with respect to administrative law and the case law of administrative courts, specifically investigating the current views. The author reflects on whether it is essentially...
Amendments to the Land Register and Mortgage Act that came into force on 20 February 2011 provide a new mortgage structure. As regards old mortgage, the rule is that old regulations are applied to ordinary mortgage and to bail mortgage. However, as regards independent bail mortgage established before the amendments to the Act came into force the new regulations are applied with the exception of regulations...
The issue of the third category of entities has been presented in this study. Various ideas and conceptions were formulated in the Polish civil law doctrine — concerning the problem mentioned above. Not every author agreed that there were basics for a theory about the existence of the third category of entities. It was important to quote some of the rulings in the discussed scope. Furthermore, the...
“Nothing is vaguer than the word culture and nothing more misleading when culture is used to describe nations and eras.” J.G. Herder This article is an attempt to present the basic and most significant conceptions of understanding culture. It focuses around the evolution of different ways to interpret culture and what basic elements it consists of. Although we use the word “culture” rather often,...
Article 19 of the Polish Public Notary Law imposes limitations on public notary workers with regard to undertaking commissioned work outside their main public notary work. This provision, however, is unclear in its interpretation. The article considers the scope of the norm included in the above-mentioned provision and indicates that the norm undoubtedly relates to public notary workers, public notary...
Amendments to the Act of 14 June 1960 — Code of Administrative Procedure (J.L. No. 30, item. 168, as amended) did not spare the general principles of administrative procedure. At first sight, they may seem to be merely cosmetic, but in practice they can raise many questions and problems. This article is dedicated to an attempt at finding the answers to these questions and solutions to encountered...
The Author of the article analyses the judgment of the Court of Justice in case Astra Zeneca versus Commission from 2010. It is the first judgment of the Court dealing with abuse of dominant position in pharmaceutical industry, and the first where both competition and intellectual property law have been interpreted. The reasoning of the Court is analysed from the perspective of competition law, particularly...
This article focuses on a difficult and complex matter relating to technical acts which are used by public administration. This is very important as administration interferes in almost all spheres of human life, including sensitive issues. The issue of technical acts raises a great deal of controversy as the existing regulations are rather fragmentary. Moreover, they are often overlooked in the literature,...
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