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Surrogacy is a tool to fulfil anyone’s need and yearning for a child. Next to adoption, it provides the only additional way to be a parent, opposite to adoption – it makes an individual capable of having a genetically related child. However, since the beginning of application of methods of artificial procreation and surrogacy itself in the 70s, 80s of the twentieth century, the need for regulation...
The aim of the article is to point out the difference in the legal position nasciturus coming from marriage in relation to nasciturus outside of marriage. Issues addressed in this study include the right to drop nasciturus conceivedoutside of marriage, right to identity and the protection of intangible assets in the event of the death of the father before the birth of the child. These issue are important...
The article contains theoretical considerations in the field of law and psychological sciences concerning the civil status of the child who is shown as a member of a social group – family. The legal situation of the child is described on the basis of legal regulations and conventions being in force in Poland. The article concerns the concept of the family, parenting, motherhood and fatherhood, in...
This Article is about the nature of contacts between the so-called “peripheral” parents and children. It discusses the issue of dependence of access rights on parental authority, over the subsequent amendments of the family law in Poland. The paper describes the basic forms of exercising contacts between parents and children. It also presents forms of regulating them in legal proceedings. The guiding...
The book written by Anna Stawarska-Rippel is dedicated to one of the most important problems concerning the evolution of Polish civil proceedings in the 20th century. She describes the basic rules of Polish civil proceedings, showing their evolution in comparative perspective. Austrian, Swiss, German, French regulations are shown to illustrate the motives of the Polish legislator before World War...
The Republic of Czechoslovakia, since the moment of its establishment in 1918, had to deal with two problems - a significant percentage of national minorities residing on its territory and mutual coexistence based on the partnership of two main nations, Czechs and Slovaks. Despite the fact that during the twenty-year period between the two World Wars, Czechoslovakia was considered to be the model...
Analysis of principles of copyright and positions of representatives of philosophical thought evolving over the centuries, appointed to justify the establishment of copyright, leads to the conclusion that there has not always existed the possibility to orphan a work. The creation of the problem of orphan works is closely connected strictly with changing paradigms of orphan works. There is the correlation...
The main task of the text is a comparative presentation of the legal methods for the petrification of the historical narrations after the collapse of communism in central and eastern Europe. The purpose is mainly to show how M. Halbwachs concepts of collective memories creation are in use in the preambles to Latvia and Hungarian constitutions. These two acts are presented in comparison to constitutional...
Freedom of speech is guaranteed to every person by international agreements concerning the protection of human rights and by national constitutions. Freedom of expression is regarded as one of the pillars of democracy, the determinant of a wide sphere of human freedom. But should every statement, even the most controversial, be the subject of protection? Does obscene speech deserve such protection?...
1. “Open Adoption”. 2. Maintaining relationships with the family of origin. a) The art. 235-47 CCCat: recognition to adopted children to interact with their families; b) Recognition of the right of access to the children separated from their families after the declaration of abandonment; c) The visitation right of children separated from their families in the regional rules; d) The right to visit...
Mail-order brides are not a new concept to society, and unfortunately, it is still an issue that persists today. The trafficking of women illegally through the mail-order bride system is a well-known and documented phenomenon across the world. This paper will look specifically at the mail-order bride phenomena in the United States, the United Kingdom, and Ireland, as well as the International Marriage...
Day 1 of August is celebrated in Switzerland as a public holiday to comemmorate the conclusion in the year 1291 by the cantons of Uri, Schwyz and Unterwalden to conclude union (Bund). Included the Pact is basis system the Old Swiss Confederation and defence agreement against the Habsburgs. Its content includesa number of provisions of public, civil, criminal and international law. Today, however,...
Before Polish legislation regulated this aspect, psychologists often criticised lack of separate regulations concerning the special treatment of minors. Psychologists claim that during conducting this legal action one needs to take into account many additional factors, such as the emotional development of a child and the child’s emotional maturity and sense of security. The idea of friendly rooms...
The International Adoption Act (Law 54/2007, of December 28, hereinafter the IAA), is the first special Private International Law (PIL) act issued in Spain. The previous system was characterized by being dispersed. The IAA put an ‘end to the regulatory dispersion characteristic of the previous legislation’, inspired by the ‘interests of the minor’ as a guide to all adoption processes.
The article raises the subject of legal and political doctrine formed by the presidential (legalistic) centre of the postwar Polish pro-independence emigration in the West. The objective of the text is to define assumptions of the mentioned doctrine as well as to analyze conditionings of this doctrine’s reception in circumstances of the system-wide transformation of the Polish People’s Republic over...
An article on abortion shows the very wide scale of this phenomenon. Abortions are shown in a historical perspective and through the prism of jurisprudence. The author presents its categorization – describing therapeutic and elective abortions. In this context he refers to the welfare of children.
In the Act of 7 January 1993 on family planning, human embryo protection and conditions of permissibility of abortion, in a solemn preamble preceding the text we read that life is a fundamental good of man, and that concern for the life and health is one of the fundamental obligations of the state, society and citizen. In the provision of Article 1 of the Act we notice a statement that the right to...
Military laws, taking into account the entities issuing them, can be divided into five types. These are hetman’s articles (announced by the chief commanders), royal articles (issued by the rulers), parliamentary articles (adopted by various representative bodies), confederate’s articles (self-governing announced by all soldiers) and the urban articles, created by or under the authority of the city...
Since the German Ethic Council in September 2014 recommended revision of the incest law and questioned the justification for criminalising consensual sexual activity between siblings, the incest law became the subject of many public debates in Europe. This article is a contribution to show the evolution of the legal regulation of incest in Germany throughout the ages. A short overview of incest legislation...
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