Reviews: The world with a shortage of wonders. Sylwia Chutnik: "W krainie czarów". Kraków, Społeczny Instytut Wydawniczy Znak, 2014

Recenzje: Świat z deficytem czarów. Sylwia Chutnik: "W krainie czarów". Kraków, Społeczny Instytut Wydawniczy Znak, 2014

Author(s): Sylwia Karolak / Language(s): Polish / Issue: 1/2015

The author discusses "W krainie czarów" (2014), the most recent collection written by Sylwia Chutnik. She indicates that the book features the themes which are familiar from the previous works of the writer: the matters associated with women, the history of Warsaw (its past and present), the Warsaw Uprising. However, the author of the review at the same time emphasises that "W krainie czarów" may be considered a unique entry in Chutnik’s literary oeuvre. It may be so not only due to the personal, almost confessional character of the eponymous story which opens the book but above all due to the fact that in "W krainie czarów" the Shoah assumes the importance of a separate theme, thus becoming apart from the Warsaw Uprising the second war area which is explored by the author of "Łączniczki".

Reviews: The Holocaust Games. Yann Martel: "Beatrycze i Wergili". Przeł. Andrzej Szulc. Warszawa, Wydawnictwo Albatros A. Kuryłowicz, 2010

Recenzje: Gry w Holokaust. Yann Martel: "Beatrycze i Wergili". Przeł. Andrzej Szulc. Warszawa, Wydawnictwo Albatros A. Kuryłowicz, 2010

Author(s): Monika Żółkoś / Language(s): Polish / Issue: 1/2015

In a review of Yann Martel’s novel "Beatrice and Virgil", the work of the Canadian writer is presented through the pursuit of a new language of speaking about the Holocaust. This is a task which Martel as well as the protagonist of his novel, Henry, the author of a work about the Holocaust of the Jews, in which he futilely attempted to go beyond the sanctioned ways of writing about the Shoah, set themselves. In "Beatrice and Virgil" a crucial feature is the interpenetration of two orders – the problem of thematising the Shoah meets an animal theme, which is represented by "Legend of St. Julian the Hospitaller", a story about an obsessive hunter, and through the art of preparing and stuffing the bodies of dead animals and transforming them into artistic exhibits. In Martel’s work, the master of taxidermy is also the author of a theatrical play about a sheass and an ape, Beatrice and Virgil, which became the victims of events which bear a striking similarity to the various scenes of the Shoah. The basic problem in the novel is not so much a problematisation of the Holocaust but the means of “linguifying” it and the position which may be asserted by the writers who present their Shoah-related narrations.

Title pages

Strony tytułowe

Author(s): Author Not Specified / Language(s): Polish / Issue: 15/2014

Spis treści | Table of Contents | Table des matières | Содержание

Spis treści | Table of Contents | Table des matières | Содержание

Author(s): Author Not Specified / Language(s): English,French,Russian,Polish / Issue: 15/2014

Contents EN

Contents

Author(s): Author Not Specified / Language(s): English / Issue: 15/2014

Contents FR

Table des matières

Author(s): Author Not Specified / Language(s): French / Issue: 15/2014

Contents RU

Содержание

Author(s): Author Not Specified / Language(s): Russian / Issue: 15/2014

The formal validity of testamentary dispositions in Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012

Forma rozrządzeń na wypadek śmierci po wejściu w życie Rozporządzenia Parlamentu Europejskiego i Rady (UE) nr 650/2012 z dnia 4 lipca 2012 roku

Author(s): Katarzyna Anna Dadańska,Krzysztof Kubasik / Language(s): Polish / Issue: 15/2014

Keywords: formal validity of testamentary dispositions; regulation (EU) No. 650/2012 of the European Parliament and of the Council; private international law

The article is devoted to the formal validity of testamentary dispositions in Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Moreover, the applicable national principles of private international law are taken into account, as well as international agreements in force in Poland. In addition, an attempt is made to characterize relationships between these acts, of cross-border inheritance cases and the decision, which of the legal acts should apply, depending on the kind of disposition to the accident of the death.

Overriding mandatory rules as an instrument for protection of the weaker party to the insurance contract

Przepisy wymuszające swoje zastosowanie jako instrument ochrony „strony słabszej” umowy ubezpieczenia

Author(s): Jarosław Grzegorz Pacuła / Language(s): Polish / Issue: 15/2014

Keywords: overriding mandatory rules; weaker party protection; insurance contract

There is a broad doctrinal consensus that the policyholder, the insured and the third party beneficiary can be considered as the “weaker party” in respect to the insurer. It is also generally accepted that these categories of private parties should be protected not only under the provisions of substantive law but also by means of the private international law. The crafters of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) have adopted this position. As a consequence, the Regulation provides several potential instruments for safeguard of the weaker party to the insurance contract. These include not only the framework of specified conflict of law rules in relation to insurance contract (article 7) but also public policy clause (article 21) and several other choice of law mechanisms (articles 3(3), 3(4), 4(3) and 7(2) 2nd sentence). These instruments may not always provide an effective vehicle for the weaker party protection. In consequence, the doctrine of overriding mandatory rules may play a significant role in the discussion on that aspect of modern private international law. Contemporary doctrine attempts to distinguish two categories of the overriding mandatory rules, namely lois de police “de direction” and lois de police “de protection” (lois de police protectrices). The lois de police “de protection” do not primarily protect the interests of the State, but rather those of the individuals. The lois de police protectrices apply only when the rule of law applicable does not provide a desirable level of protection. Furthermore, according to one of the position taken by the doctrine, scope of application of these provisions is not based on territoriality. Approach favorable to the protective lois de police is characteristic for French jurisprudence and judicature, while German scholars tend to restrict the notion of overriding mandatory rules to the lois de police “de direction”. Analysis of the French Cour de Cassation judgments provide practical examples of application of this doctrine and allow to evaluate the concept of the mandatory rules based on the protective principle in relation to insurance contract. According to this approach the rules crafted in order to protect the policyholder or the insured can be perceived as the overriding mandatory rules of private international law as long as they seek to preserve the essence of an insurance contract, its essential functions or basic principles of insurance law. Notwithstanding the general tendency to protect the weaker parties, the notion of overriding mandatory provision should be interpreted strictly. Their intervention is desirable only if from the perspective of lex fori the application of lex contractus would undermine the concept of insurance as an effective risk transfer mechanism.

Functional analysis method — equal conflict of laws method?

Metoda analizy funkcjonalnej — równoprawna metoda kolizyjna?

Author(s): Joanna Boroń,Mateusz Dąbroś,Zuzanna Dziadek / Language(s): Polish / Issue: 15/2014

Keywords: functional analysis method; the better rule; policies; overriding mandatory provisions

The paper presents main assumptions of functional analysis method, which is popular conflict of laws method in United States of America. In this country, functional analysis method is regarded as equal conflict of laws method. Functional analysis is a method, which deals with particular, not typical, actual state. The courts have to compare different policies, which lies beyond competing provisions of law, and make a decision, which policies deserve to be protected. The task of courts is to find better solution — “the better rule”. Authors present the history of views and opinions, which are the foundations of functional analysis method, including Brainerd Currie and L. I. de Winter works. Afterwards, there are shown some cases of applying of functional analysis method by the United States of America courts. Subsequently, authors present criticism of functional analysis method. According to authors’ view, the concept of functional analysis method, to some extent, can be used while applying overriding mandatory provisions. Continental international private law doctrine, however, does not regard functional analysis method as equal conflict‑of‑laws method.

Succession in case of a Venezuelan citizen residing in Poland — opinion of ad hoc court experts on foreign law

Dziedziczenie po obywatelu Wenezueli zamieszkałym w Polsce — opinia prawna sporządzona przez biegłych ad hoc z zakresu prawa obcego

Author(s): Roland Krause,Marcin Margoński / Language(s): Polish / Issue: 15/2014

Keywords: expert opinion on foreign law; Venezuelan succession law; application of foreign law in Poland

The text contains a full version of an opinion delivered by the authors as court experts on foreign law in a Polish succession case of a Venezuelan citizen residing in Poland. The opinion covers mainly Venezuelan private international law, with the renvoi resulting from the place of residence of the deceased in Poland. Furthermore the admissibility of agreements as to succession in Venezuelan and Spanish law has been covered. An introduction presents some methodological aspects of writing such legal opinions, as they are very rare in court practice in Poland. The publication aims at helping Polish PIL‑academics to serve as experts on foreign law by delivering an example of how such an opinion can be written.

Editorial page

Strona redakcyjna

Author(s): Author Not Specified / Language(s): Polish / Issue: 15/2014

Title pages

Strony tytułowe

Author(s): Author Not Specified / Language(s): French / Issue: 27/2015

Contents FR

Table des matières

Author(s): Author Not Specified / Language(s): French / Issue: 27/2015

Contents EN

Contents

Author(s): Author Not Specified / Language(s): English / Issue: 27/2015

The perception of motion in the meaning of the verb tomber and its Polish equivalents

De la perception du mouvement dans le sémantisme du verbe tomber et de ses correspondants polonais

Author(s): Joanna Cholewa / Language(s): French / Issue: 27/2015

Keywords: vertical orientation; downward direction; prefixes; motion; verb

The French verb tomber can be translated into Polish as paść / padać and its derivatives formed with various prefixes, which denote the path of motion (semantic features of vertical orientation and downward direction are included in the base paść / padać). In this paper, we discuss four meanings of the verb tomber extracted from the dictionnary Les Verbes Français (01: ‘choir, chuter’, 05: ‘se détacher’, 06: ‘se défaire’, 28: ‘survenir sur’) and their Polish equivalents. We provide a comparison which shows differences of the perception of motion by the French and Polish language users.

Recurrent nerve paralysis: speech intelligibility and gender identification perturbations

Paralysies récurrentielles et perturbation de l’intelligibilité de la parole et de la classification homme / femme

Author(s): Camille Fauth,Béatrice Vaxelaire,Jean-François Rodier,Pierre Philippe Volkmar,Rudolph Sock / Language(s): French / Issue: 27/2015

Keywords: clinical phonetics; perception; dysphonia; intelligibility; gender; quality of life

The objective of this work is to evaluate the voice quality of patients who underwent thyroid surgery and to find out if listeners succeed in distinguishing between a man’s voice and a woman’s voice. The aim is also to evaluate the intelligibility of their voice. To answer these questions, 14 speakers (7 patients and 7 control subjects) were recorded while producing [iCa] sequences and sustained vowels. The recordings of patients took place in different phases: 15 days after surgery (post-op1), 1 month after (post-op2), etc. Two perceptual tests were then proposed to a jury consisting of 27 naïve listeners. They had (1) to identify the sex of the speaker and to assign a confidence score of 1 to 5 for three vowel productions of the vowel [a], by various speakers and at different recording phases (84 stimuli). Listeners also had to (2) identify the uttered nonsense word and assign to their response a confidence score going from 1 to 5. The chosen distinguishing criterion will be that of consonantal voicing, for 168 stimuli. The results of the sex identification of the speaker indicate that pathological speakers were correctly categorized. Confidence scores did not prove significant. Concerning the intelligibility of pathological speakers, an effect of recording phase has been shown for the identification of nonsense words, since nonsense words are best perceived by naïve listeners in the late recording stages. Confidence scores were not significant.

The disambiguisation of the French verb produire

Désambiguïsation lexicale du verbe français produire

Author(s): Katarzyna Gabrysiak / Language(s): French / Issue: 27/2015

Keywords: electronic dictionary; object classes; object-oriented approach; disambiguating

The present study analyzes the use of the French verb produire with the aim of disambiguating its meanings. The process consists in finding every possible meaning of the word by analyzing contexts in which it might appear. This stage constitutes an integral part of creating a Polish-French and French-Polish electronic dictionary and exemplifies the methodology of object-oriented approach proposed by Professor Wiesław Banyś. The analysis is based on the information taken from Le Grand Robert de la Langue Française, Le Trésor de la Langue Française. After analyzing all contexts in which the verb has appeared and after specifying the object classes for each use of the verb, the author gives its Polish equivalents. Seventeen Polish equivalents of the French verb produire are presented.

The creation of digital resources of the Polish language — simple units

La constitution de ressources numériques en polonais — les unités simples

Author(s): Alicja Hajok / Language(s): French / Issue: 27/2015

Keywords: declination; dictionary; natural language automatic processing

This article discusses several problems concerning the automatization of declination of simple units in Polish language. Our analysis is based on the Proteus model. The proposed solution contains a module that enables automatic generation of possible inflected variants of the given lexical units.

The perception of phoneticizing neography in CMO: a return to the neography qu / k

Perception de la néographie phonétisante dans le DEM : retour sur la néographie qu / k

Author(s): Jan Lazar / Language(s): French / Issue: 27/2015

Keywords: chat; Facebook; neography; synchronicity; computer mediated communication

The specific context of the realization of electronic discourse joins together two distinct enunciation modes: written and oral. The former one is restrained by the conditions of the realization of electronic discourse, the messages are merely written. The latter one poses many problems on orthographic level. The hybridization of these two modes, written and oral, tends to create new orthographical rules that would correspond to the economy of expression. In the present study, the author would like to compare the frequency of neography que / k in different types of computer mediated communication.