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This article focuses on the state interventions in the sphere of commercial law in the Protectorate of Bohemia and Moravia during the years 1939-1945. Protectorate citizens (the Czechs) were mainly governed within the scope of commercial law by the Austrian Commercial Code of 1863, inherited from the Habsburg monarchy, which received only minor alterations. During the war, the Minister of Justice had wide powers to enforce restrictions or waive certain limitations when it came to commercial law, which was mainly justified by public order concerns and the environment of the war economy. The article takes note, among other issues, of the changes in corporation law, obligation law, patent law or securities law. During the existence of the Protectorate of Bohemia and Moravia, an entirely new system of regulation was also introduced for promissory notes and cheques.
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The following text deals with the topic social change and social standing in the novels Things Fall Apart from Chinua Achebe and The Remains of the Day from Kazuo Ishiguro. Both authors describe the change in parts of the Nigerian rather English society within a range of three generations. Achebe concentrates on a period between the middle of the 19th up to the beginning of the 20th century. He concentrates on the ethnic group of the Ibo. Considering exogenous factors like colonialism and missionary efforts as well as endogenous factors he describes the fundamental changes within the tribal society. Ishiguro`s novel, beginning at the end of the Victorian Age, observes the changes in the English class system through the eyes of a loyal butler. Two world wars accompanied by radical social change result in big, formerly inconceivable, changes in social hierarchy.
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The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisationsfrom 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence.Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.
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The celerity of insolvency proceedings required the establishment of a derogatory regime from the common law as regards the fulfillment of the formalities for citation the parties and communicating the procedural documents, due to the fact that it involves a large number of parties and procedural acts, and the application of the general regulations would only slow conducting the proceedings. Within the insolvency proceedings, the citation and respectively, the communication of the procedural documents can be accomplished in three ways: according to the Code of Civil Procedure, by publishing the procedural act in the Bulletin of insolvency proceedings, or in both ways. The choice made by one of the participants in the insolvency proceedings of a procedural domicile in the course of insolvency proceedings may not be relied on in relation to other participants in the insolvency proceedings as a whole, neither before a court settling an associated case. Manifestation of the will of a participant at insolvency proceeding regarding the choice of a procedural domicile produces effects only in the trial of that case in the insolvency proceedings, remaining irrelevant for the settlement of other cases in connection with the same insolvency proceedings.
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In many situations, the enforcement procedure implies that in order to meet the purpose consisting in the concrete satisfaction of the rights included in the executory title, other social values must be defeated. With reference to the protection of the residence inviolability, the article analyzes the guarantees provided by the current regulations of the Civil Procedure Code in connection with the penetration of the bailiff in the domicile, residence or headquarters of a person, in order to gain access to the debtor's assets or to identify them. The scope of the provisions laid down in art. 680 and 681 of the Civil Procedure Code is being evaluated, by taking into consideration the distinction between the situation in which enforcement is initiated under an enforceable title represented by a court decision, respectively that in which the title is a non jurisdictional one, as well as between the case where the space in which the access must be made belongs to the debtor or is the domicile, residence or headquarters or place of work of another person.
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The person's private life is most often associated with the privacy of the home, the space where the person spends his personal life, which is connected to family life and the right to the confidentiality of correspondence. The jurisprudence of the European Court of Human Rights has extended the concept of domicile to the space where a person carries out a professional activity. However, the Court, in its relevant case law, has outlined a concept which does not overlap with the acceptance of the domestic law of each Member State, as is the case with the concept of home in English law, which has a wider meaning than in continental law. We are therefore in the presence of an autonomous notion, within the meaning of Article 8 of the Convention, which is the subject of an extensive interpretation due to the identification of an emotional connection that a person may have with such a good. Therefore, if an extensive interpretation within the meaning of Article 8 of the Convention has led to the broadening of the notion of domicile and the professional sphere of a legal person, then one can also discuss a commercial private life.
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Given the development of the technical means that allow the utilization by any person of different methods of supervision of another, criminal law tries its best to keep up, offering protection to an important value in the modern society, private life. However, this value does not develops in any spaces, or, to be more precise, criminal law does not protect private life of everywhere, through article 226 of the Criminal Code, but only in connection with certain spaces, expressly defined. Also, the protection foreseen in article 226 Criminal Code does not punish all the means in which private life could be affected.
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In the field of criminal law, it is generally accepted that the notions of „domicile” and „residence” (sometimes used expressly, sometimes implicitly) have the ability to receive a specific meaning, of their own, potentially distinct from that by which they are reffered to in other branches of law, by virtue of the conceptual autonomy of the criminal law (which is one of the specific ways of manifesting the autonomous character of this particular branch of law). The present article proposes the prospecting of the analysis of specific implications produced in contemporary Romanian criminal law by the direct or indirect regulation of the domicile / residence, as the case may be, within general institutions (for example, the case of presumption of self defense) or norms of criminalization (for example, the case of the crime of home invasion). The analysis does not seek an exhaustive treatment of the subject, nor an exhaustion of the approached aspects, aiming especially at highlighting more nuanced, controversial or at least debatable issues, related to the problem of specific regulations of the criminal law of the concepts of „domicile” and „residence”, or of some notions derived or related to these, such as „professional headquarter” (the case of incriminating the act of violating the professional headquarter).
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Our study analyzes the hypothesis of distributing taxation competence in case of personal income tax. Traditionally, the individual is the beneficiary of a mobility in the capitalization of his labor force, mobility that can generate interferences of several tax jurisdictions in terms of place of taxation. The working technique in the field of taxation with an element of foreignness used by the Conventions to avoid double taxation is taxation in the state of residence or in the source state, depending on the option of the signatory states. This autonomy at the level of the fiscal treaty is doubled by a series of punctual nuances regarding the content of these concepts and the correlation of the normative solution with the factual situation. The present study highlights the role of domicile in determining the place of taxation in the European space of freedom of movement and illustrates jurisprudential facets of this notion with fiscal relevance.
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The principle of non refoulement of refugees to a country they have left and where they cannot or do not wish to return due to serious threats is expressly enshrined in the 1951 Convention relating to the status of refugees; it has become a jus cogens rule of Public International Law. The frequently asked question is whether this principle is actually implemented by States or on the contrary, it is violated. The recent practice of European States facing large numbers of people seeking refugee or asylum status as a result of events in Syria, in particular, reveals a frequent violation or ignorance of this principle. This paper aims to analyse the content of the principle of non refoulement, in accordance with the provisions of the 1951 Geneva Convention and other international acts, as well as the correlation with the notion of jurisdiction of the State to which this obligation belongs to. Increased attention will be paid to identifying cases of deviation from this principle that could lead to international liability of the state for wrongful acts. Such a situation is one in which the coastal State refuses access to the territorial waters of persons seeking asylum or refuge, contrary to the general provisions of the law of the sea and those of the International Covenant on Civil and Political Rights.
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The phenomenon of homelessness can be written from key, worrying figures 580,000 homeless people in the United States in 2020 or an increase in the number of homeless people in 24 states of the 27 member states of the European Union (in a percentage from 16 to 389%). Emphasizing that the phenomenon we are focusing on is constantly growing, we propose through the study of comparative law to identify and analyze the following elements: the forms that the phenomenon takes homelessness, interpretation of recent public statistics, identification of causes leading to the phenomenon, proposals for amelioration and reduction of the phenomenon. The approached topic has a multidisciplinary character, being at the intersection of fields such as: law, sociology, economics, psychology, and the research, using the method of comparative law, will take the form of a comparative synthesis study.
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A small garrison of the British Royal Navy was swallowed up by the superior forces of a much larger nation in just a few hours. This may be the title of a report from the beginning of April 1982. The impact of Operation Rosario on the international arena and the evolution of the conflict was much more complex and had major repercussions on maintaining world peace. Why Argentina chose to invade the Falkland Islands and what caused the "spark" of the conflict to erupt at alarming levels, are questions whose answers you can find in this article. The Battle of Stanley was one of the most unequal armed actions between two states during the 20th century and drew a small group of South Atlantic islands to the attention of the whole world.
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The rapid rhythm of technological change and globalisation have profoundly transformed the life of every people and the way in which an ever-increasing volume of personal data is collected, accessed, used and transferred. As of 1 January 2012, the European Union has 503.5 million people and more than 250 million internet users. A big part of these people use online services for commercial or social activities. In exchange for these services people provide personal data that can be used later by companies for different goals. Obtaining personal data has become a purpose and an asset for many companies. Collecting, accessing, analysing, transferring and using the data of potential customers is often an important part of their activities. Companies are using new technologies to develop smart ways for obtaining information and ordinary users are increasingly less protected. Many times, in this fast growing race for information, the rules, the laws and the people’s rights are violated. In order to protect the public against these abuses the European Comission was obliged to take action. This paper sets out the main elements of the reform of the EU framework for data protection.
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Polish Central Classification Commission played major role in postwar Poland. The Commission was eligible not only to evaluate candidate’s science achievements but also another, nonscientific criteria called “morality”. The law established by a lawmaker regulated Commission’s tasks in detail, same as criteria for independent researchers.
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The article describes two forms of support for the unemployed in Poland: reg-istration, which is the beginning of activating activities, and economic activation. The author analyses the system of Internet registration of the unem-ployed in the context of usability and adaptation to the possibility of using it by the unemployed. As a result, the conclusion is that such a system is more exclusionary than supportive. The main argument that confirms this is the need for advanced computer skills. As the author shows, difficulties already at the reg-istration stage and the multitude of supervisory activities on the part of the office effectively reduce the motivation of the unemployed to take action.
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Book-Review: M. Etel, A. Piszcz (Ed.), The Act on Road Transport. Commentary [Ustawa o transporcie drogowym. Komentarz], C.H. Beck, Warszawa 2020, pp. 788 (Grzegorz Kozieł)
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Event Report: Report on the activity of the CARS Climate and Energy Laboratory / Sprawozdanie z działalności Laboratorium Klimatyczno-Energetycznego Centrum Studiów Antymonopolowych i Regulacyjnych/ (Michał Krzykowski)
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Conference-Report: Sprawozdanie z 1. edycji projektu TechLawClinics na Uniwersytecie Jagiellońskim i Uniwersytecie Łódzkim (rok akademicki 2019/2020) / Report on the 1st edition of the TechLawClinics project at the Jagiellonian University and the University of Lodz (academic year 2019/2020) (Monika Namysłowska, Piotr Tereszkiewicz)
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