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reportage, contemporary Polish literature, affects, law and literature, law in literature, social contract, Catholic Church, Sianne Ngai
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The resolution of the panel of seven judges of the Polish Supreme Court of June 21, 2023 (case file no. III CZP 94/22) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that Article 2 of the Act of July 6, 2001 on preserving the national character of the country’s strategic natural resources does not exclude the possibility of usucaption of real estate constituting a state forest. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of June 14, 2023 (case file no. III CZP 84/22). As indicated by the Supreme Court, declaring the debtor’s bankruptcy does not cause the creditor’s loss of legitimacy to bring an action to declare the debtor’s legal act ineffective under Art. 527 of the Civil Code.
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This article, based on a literature review, provides an analysis of the causes and applications of new technologies in the Chinese judiciary, and attempts a legal and ethical assessment of the hazards faced by both the developers as well as parties involved and court personnel. This issue is considered significant due to the growing extent of the application of increasingly sophisticated technological tools and their potential to effectively respond to the challenges encountered by the Chinese judiciary. The considerations presented lead to the conclusion that innovations applied in courtrooms contribute to the acceleration and facilitation of proceedings, address staff shortages, and have the potential to redefine established solutions in law. However, they are by no means a perfect remedy, and there are a number of dangers associated with their deployment, such as loss of autonomy by judges, algorithmic errors, technology bias, or over-reliance on technology. There is, therefore, a necessity to undertake further research into the application of modern technologies in the Chinese judiciary and to assess their effectiveness through the prism of the emerging risks they entail.
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This article deals with the issue of the real estate clause and its reception to Polish law as a real estate company. The research was conducted on the grounds of Corporate Income Tax Act and Personal Income Tax Act. The article verifies the hypothesis the concept of the real estate clause included in the OECD Model Tax Convention constitutes a mechanism enabling the countries of the location of the real estate to participate in the benefits arising in connection with the transaction of disposal of shares in a given company in exchange for granting legal protection of such transaction. The research method used in this study was a critical analysis, including a linguistic analysis of the provisions of tax acts and international agreements to which the Republic of Poland is a party. In addition, the research methods used in this article are the analysis of views of doctrine and jurisprudence of administrative courts and tax authorities.
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The aim of the article is an attempt to characterise the phenomenon of on-line disinformation, using the so-called fake news, deepfake and hate, and the threatthey pose, in the context of arousing social emotions and undermining trust in stateadministration institutions. The dissemination of false information on the Internetaffects the lives of specific individuals and representatives of particular social groups,as well as organisations, and even countries
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On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020,the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At thesametime, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly andtrade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having theabove in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties ina stateof emergency, such as a state of natural disaster, and in ‘non-emergency’ states, such as a state of epidemic threat and a stateof pandemic. Although the word ‘state’ appears in the three mentioned legal situations, the state of natural disaster, as oneof the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemicthreat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamentaldisruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease
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Decision No 6 of 6 April 2022 of the High Court of Cassation and Justice of the European Union, the panel competent to judge the appeal in the interests of the law
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Decision No 3 of 7 February 2022 of the High Court of Cassation and Justice of the European Union, the panel competent to judge the appeal in the interests of the law
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The aim of this article is to deal with the institution of the quaestores parricidii, a figure as ancient as it is obscure, which has given rise to a profound debate on basic questions, such as its origin, its competences and the way in which it was elected. These and other questions, especially the judicial functions they held during the monarchy and the first centuries of the Republic, as well as the connection with the figure of the republican quaestor, will be the focus of this article. Questions such as: why was the office of quaestor instituted?, when?, what did the investigation of the parricidum consist of?, are the quaestors parriciddi and the republican quaestors the same figure?, will serve to guide the debate and bring internal coherence to it. Questions that, on the other hand, the doctrine has been unable (or unwilling) to answer unanimously.
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The article addresses the issue of criminal and civil liability of legal persons from the point of view of classical Roman jurists. The issue was raised in relation to crimes committed by municipal rulers. Pursuant to D. 4.3.15.1; D. 4.2.9.3 and D. 43.1.64.4. the jurists distinguished between the criminal responsibility of the decuriones perpetrators of the crime and the civil responsibility of the municipes for the enrichment of the civitas for these crimes.
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In this paper, I will highlight the various connotations of the term vis, specifically its meaning in Roman private law and in public law. In doing so, I will address the evo-lution of the concept of violence starting in the times of the Republic and throughout the Principate, up to the considerations given by Isidore of Seville.
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Cicero portrays Verres here in ways that are strikingly similar to those that would be used against a thief in a civil proceeding: he emphasizes that Verres carried off goods, characterizes Verres’ purchases as forced sales, and describes the stolen objects in a spare manner like the one used in theft accusations. Cicero’s matter-of-fact descriptive mode also plays a key role in his own self-presentation as an informed, but not enthusiastic, consumer of art, unlike Verres. The spare descriptions thus reinforce Cicero’s ethical strategies.
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The topic of this article is devoted to the "institution of free use" of author's works. It clarifies the essence of use, both in national legislation and in international treaties. The every hypothesis from the cases of free use of the works without the author's consent without and with payment of compensation, provided for in the law, has been analyzed. There are presented arguments regarding the need to regulate parody as a form of free use and its inclusion in the specified regulations. A comparison is made between the "institution of the “free use" and that of "fair use" established in the countries of the Anglo-Saxon legal system. In parallel, the cases of violation in the permissible use of the objects of the copyright are indicated. The elements that form the factual composition of the copyright infringement and give rise to the tort liability of the infringer are presented. The civil law order for the protection of the violated exclusive right has been examined.
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The present article attempts to offer a solution to the much-debated case law question of whether based on Art. 1 from the State and municipalities liability for Damages Act compensation should be awarded for non-property damages resulting from an annulled as illegal order for the termination of an official legal relationship. This is why at the begging of the paper some light is shed on the arguments in case law supporting the two conflicting thesis. The problem emanates from the fact that most special laws in such cases provide a right to compensation in an amount limited to the amount of monthly emolument received by the official. This places especially sharply the question of whether the special laws envisioning limited responsibility exclude initially the possibility of demanding remuneration for non-pecuniary damages under the general law in such instances. At this rate, some critical remarks have been made regarding the „lex specialis derogate legi generali“ rule and its application. Then some detailed considerations are developed regarding the fact that the limited liability in those cases regulated by special laws concern only the compensation for property damage, which is why there is no "special way" for compensating non-property damages. A conclusion is formed that insofar as an unlawful termination of the official legal relation could cause, in addition to property, also non-property damages, there is hardly any reason why such damages should not be awarded following Art. 1, para. 1 State and municipalities responsibility for damages Act.
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The Roman law of delicts is particularly developed and serves as an inspiration for many modern Roman codifications. The catalogue of delicts is rich, but of particular interest in the present work is the iniuria as a type of delicts. This institute is undoubtedly very modern for its time and modern permissions relating to violations of the individual's integrity strongly resemble it. However, not enough attention is brought to the problem of iniuria as a form of sexual violence. The task of this paper is to clarify the institution in this light through linguistic, historical and textual analysis.
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The article discusses the problem of social reintegration of prisoners, which — despite being repetedly raised in therelevant literature — remains to be a point of issue. In the light of a recent survey by the Polish Public Opinion Research Centre,former convicts are seen by the Polish society among groups most at risk of social exclusion. In turn, a report on convicted adultsby the Ministry of Justice of 2020 shows that many ex-convicts return to crime in the first year after being released, whichnegatively affects the internal security of our country. This encourages one to rethink social reintegration of convicts and to searchfor additional arguments in favour of extending special support to them. Although the existing legislation allows for unlimitedapplication of the principle of individualised assistance for social readaptation of convicts, the circle of persons who can ingagein social readaptation of inmates during their imprisonment is strictly limited. Excluding from this circle all persons validlyconvicted of intentional offences is unjustified and downright unlawful, being contrary to higher-order legal acts. An analysisof the applicable law shows that the constitution itself contains arguments for not treating this group differently from otherindividuals most at risk of social exclusion. A review of lower-order legal acts points out that following Poland’s accession to theEU there appeared new measures and additional reasons, different from those traditionally identified in the doctrine of executivecriminal law, to invest in any human capital in need of support, including prisoners
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Law fulfils a regulatory function in social life. This is related to its instrumental nature. The exploitation of this potential assumes the form of instrumentalisation of the law. This phenomenon can take place both in the process of law-making, as well as its interpretation and application. Both positive and reprehensible forms of law instrumentalisation can be discerned. The purpose of this paper is to characterise the difference between the instrumental character of law and its instrumentalisation on the example of the law of the Third Reich. To this end, an analysis of the concepts of instrumentalisation of law, its instrumental character as well as its instrumental use will be carried out. This will allow for determining the boundaries between them and to relate them to the selected, specific law institutions of the Third Reich. In addition, the historical and legal background of the functioning of the indicated legal solutions will be presented. This will allow to determine the aforementioned differences between the analysed activities on the basis of examples from the practice of establishing, interpreting and applying law in history.
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The article deals with three groups of issues, which are closely interrelated. The main problem discussed is the issue of the reconstruction, revalorisation and protection of Ukrainian monuments exposed to destruction as a result of warfare and Russia’s invasion of Ukraine. The second issue presented is the experience of Polish conservators in the area of cities destroyed during World War II. The third issue is international legislation in the field of heritage protection, which was analysed for the planned activities in the area of reconstruction and revaluation of Ukrainian monuments after the end of the war. The above-mentioned research was carried out by a Polish-Ukrainian team of heritage conservators, which seeks to be involved in the process of saving Ukrainian cultural heritage.
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