Okupacja wojenna w świetle prawa międzynarodowego: natura, skutki, nowe tendencje

Author(s): Roman Kwiecień / Language(s): Polish Issue: 1/2013

The article discusses international legal aspects of belligerent occupation. It presents legal underpinnings of belligerent occupation, its consequences for occupying powers and local inhabitants, as well as new tendencies connected with international administration of territories and responsibility of the Security Council for maintenance of peace and security. There is a difference between belligerent occupation and so-called “pacific” occupation. The former refers to a situation where the forces of one or more States exercise effective control over a territory of another State without its volition. The latter is based on the consent of territorial sovereign. The regime of belligerent occupation does not depend on the existence of a state of war, nor on the armed resistance to the occupant, which is today especially proved by the status of Palestinian territories. Belligerent occupation does not transfer territorial sovereignty to the occupying power. That is why, international law regulates the interrelationships between the occupying power, the ousted government, and the local inhabitants for the duration of the occupation. International humanitarian law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect life and property of the inhabitants and to respect the legally protected interests of the ousted government, including its cultural heritage. The author argues that the regime of belligerent occupation can be applied to UN post-conflict administrations solely de facto. In this respect, a new class of problems has been created. Those problems are today regulated by a new body of law – jus post bellum.

Cultural Identity in the Case-Law of the Human Rights Committee

Author(s): Sylwia Stryjkowska / Language(s): English Issue: 7/2017

The aim of the article is to present the jurisprudence of the Human Rights Committee on Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities. Therefore, the study examines the underprivileged position of minorities within States and focuses on their will to survive as a distinct culture. Examination of the aforementioned caselaw provides an insight into the Committee’s understanding of the concept of cultural identity.

ON RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS, A SECOND TIME

Author(s): Marija Draškić / Language(s): English Issue: 3/2007

This text represents a response to the polemic view written by Prof. Dr. Sima Avramovic that he had published in the first issue of this journal last year, and which was the result of my article on the right of children to religious freedom in the school, also published in the „Annals of the Faculty of Law in Belgrade.“

Czy potrzebujemy prawa do żywności?

Author(s): Olga Śniadach / Language(s): Polish Issue: XXXVIII/2017

The right to food has been expressed in several acts of international law and in several constitutions. According to the traditional systematics of human rights, this right belongs to a group of social, economic and cultural rights. The aim of the article is not only to analyze the place of the right to food in the international legal order, but also to focus on this right in the context of a broader discussion about universal human rights. The article attempts to answer the question whether we really need such right, taking into account a weak system of redress in this regard. The question raised in the title is to provoke reflection if speaking about human existence is a manifestation of the spread of human rights or perhaps the return to the source.

Czym jest Prawo? Cele i środki

Author(s): Dietmar von der Pfordten / Language(s): Polish Issue: 1/2010

This article is an attempt at delimiting the area of philosophical research in order to define the conditions for an adequate definition of the law. This writer believes that this definition is achieved by identifying the particular aims and means which are set for the law and through which the social phenomenon of the law is realized. Assumedly, the definition is to be a response to the so-called normativism in the theory of law, that is, an attempt to explain the notion through the particular means (norms) used by the law. The writer tries to justify not only that his approach characterizes the law more fully, but also that it contributes to better understanding of the links between law and ethics, morality, politics or the remaining conventional social facts.

Prawo małżeńskie i spadkowe w dzisiejszym świecie orientalnym

Author(s): Hilmar Krüger / Language(s): Polish Issue: 19/2016

Niedojrzałość emocjonalna jako przyczyna niezdolności konsensualnej kontrahenta

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2015

Taking up the issue of emotional immaturity as a cause for declaring a marriage null and void, the author begins his reflections with a look at human personality. The cause of the nullity of a marriage discussed here, in turn, requires a rather precise definition of the notion of emotional immaturity and of the factors by which it may be triggered. The last part of the author’s reflections is devoted to the analysis of canon 1095 of the Code of Canon Law, especially to the definition of cases when this immaturity is serious enough to exclude marriage validity.

Dokument jako środek dowodowy w procesie małżeńskim

Author(s): Adam Bartczak / Language(s): Polish Issue: 1/2013

In the process of nullity of a marriage the Petitioner must prove nullity his marriage before the Court of Bishops. The Legislator enumerates the proofs they may present. One of them is the document. In this article, the author presents a modern interpretation of the concept of proof through documents. He juxtaposes it with the jurisprudence. He analyses the documents, which usually appear in the files of the process. This is an example of the application of legal norms.

Sądowa jurysdykcja nad małżeństwem w Polsce

Author(s): Adam Bartczak / Language(s): Polish Issue: 2/2014

Marriage is an institution regulated by the Polish and canon law. The Polish law understands the institution of marriage differently than the canon law. In the Polish law marriage can be terminated by divorce. In the canon law marriage is indissoluble, but we can proceed the annulment process of the marriage. The Polish concordat provides for the possibility of marriage as a religious form, but does not provide for a right of termination of the marriage. It means that the civil law has jurisdiction over the civil marriage, while the canon law has jurisdiction over the canon marriage. The question of the recognition of the judgments of the diocesan tribunal in the civil forum is still open.

Kształtowanie się pojęcia przestępstwa w systemie prawa kanoniczne

Author(s): Łukasz Burchard / Language(s): Polish Issue: 2/2014

A fundamental issue in every system of criminal law is establishing the concept of crime. Law investigations above the nature of ecclesiastical crime appear first in Decretum Gratiani and then in decretals of Pope Innocent III. Ecclesiastical legislator constructs the definition of crime which consists of three basic elements: objective, subjective and legal in the previous code of the 1917 as well as the one that is valid currently of the 1983. The objective element is defined as an external contravention of law or criminal warrant. The subjective one is defined as an accountability of committing an illegal act. Whereas the legal element is expressed in penal sanction relatively undetermined.

Zasady generalne dotyczące podziału osób prawnych w kanonicznym porządku prawnym

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 2/2014

The author of the presented article focused his attention on the question of general principles concerning the division of juridic persons in the canonical legal order. He proved that within can. 122 CIC the legislator only discussed the problem of the division of public juridic persons but did not include any solutions concerning the division of private juridic persons. According to the author, there are two reasons behind this. Firstly, this approach to the problem results from the dominant doctrine of 1917 Code which put particular stress on the public nature of the canonical legal order. Secondly, it results from the fact that private persons have much autonomy in the canonical system. In his interpretation of can. 122 CIC the author points out that the ecclesial legislator clearly refrains from adopting mathematical criteria of division and makes final decision dependant on discretional competent power or executor established by this power. The author believes it is a right approach since using mathematical criteria of division would restrict the power in making appropriate actions. Before making a decision on the basis of criteria specified in can. 122, nr 1–2 CIC the competent power should also take into consideration the specificity of the position in which persons being divided are or will be.

Sprawozdanie z II Ogólnopolskiej Konferencji Prawa Małżeńskiego i Rodzinnego w Olsztynie

Author(s): Adam Bartczak / Language(s): Polish Issue: 1/2011

On May 11, 2011, the Second National Conference on Marriage and Family Law took place in Olsztyn. The conference was organized by the Department of Canon Law and Confession of the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn. The main theme was the issue formulated by the organizers in the question: marriage for a lifetime?

Postulaty de lege ferenda w odniesieniu do chrztu dzieci

Author(s): Tomasz Robert Gałkowski / Language(s): Polish Issue: 1/2010

The author quoted the provisions of International Theological Commission document titled “The Hope of Salvation for infants who die without being baptized”, to confront them with existing legislation of The Code of Canon Law. He analysis and reviews the previous legal solutions (can. can. 868 §2; 871; 1125, 10) pointing out its argumentative deficiencies. The content of the document can play an important role in the next law regulations, especially regarding the ecumenical activity.

Czynności procesowe obrońcy węzła małżeńskiego Trybunału Diecezji Łódzkiej w sprawach o stwierdzenie nieważności małżeństw w latach 1984–2005

Author(s): Adam Bartczak / Language(s): Polish Issue: 1/2009

The article analyses the role of the defender of marital knot in the cases of declaration of nullity of marriage on the base of cases in the Tribunal of Diocese of Łódź in years 1984–2005. The author shows the notion of the defender and his rights and obligations in the four phase marriage process according to the Catholic Church in the Code of Canon Law from 1983. The defender of marital knot is appointed to introduce everything what in rational way may be quoted against declaration of nullity of marriage. The defender is active during the four phases of the process, especially during the prove phase and during the discussion of the case.

Biskup Józef Rozwadowski – duszpasterz i obrońca ludzi pracy

Author(s): Stanislaw Grad / Language(s): Polish Issue: 1/2009

Bishop Józef Rozwadowski was born on 19 March 1909. After graduating from the Seminary in Cracow, he studied at the St Thomas University in Rome, Italy and at the Jagiellonian University in Cracow, where he was conferred on the PhD degree. In 1968 he became an Ordinary of the Lodz Diocese. In his work he did his best to help others, especially the disadvantaged people. During the time of Martial Law in Poland, he inspired others to provide material aid and spiritual assistance to the repressed, imprisoned political opponents and their families. For that purpose he created centers providing material aid and legal advice to the ones in need. The Bishop himself was involved in all those actions as well as he interceded for the political prisoners with the state authorities.

Brak wiary a wykluczenie godności sakramentalnej małżeństwa

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2007

The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in its can. 1101 § 2, the Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality, through a positive act of will, the marriage itself, some essential elements of or an essential property of marriage. The grounds for excluding the sacramental dignity constitute a novum as compared to the Code of Canon Law of 1917. The present article attempts to look at the relation between the lack of faith and the exclusion of marriage sacramental dignity, with the consideration of marriage invalidity.

Recenzja: Sprawiedliwość naprawcza. Przywrócenie ładu społecznego

Author(s): Waldemar Woźniak / Language(s): Polish Issue: 1/2004

The review of: Jim Consedine, Sprawiedliwość naprawcza. Przywrócenie ładu społecznego, Polskie Stowarzyszenie Edukacji Prawnej, Warszawa 2004, ss. 228.

Sędzia wobec opinii biegłego w procesie o stwierdzenie nieważności małżeństwa

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2001

Kodeks prawa kanonicznego z 1983 r. w sprawach o stwierdzenie nieważności małżeństwa wyróżnia cztery podstawowe środki dowodowe: oświadczenia stron, dokumenty, zeznania świadków i opinie biegłych. W niektórych rodzajach spraw ten ostatni, tzn. opinie biegłych, określany jest w Jurisprudencji jako środek o największej wartości dowodowej. Jaka jest jednak prawdziwa wartość dowodowa opinii biegłych, a w konsekwencji, jaka jest istotna różnica między munus iudicanti sędziego i munus consulendi biegłego w procesie o stwierdzenie nieważności małżeństwa – odpowiedź na to pytanie będzie dla nas zadaniem w niniejszym artykule.

Recenzja: Prawo małżeńskie Kościoła katolickiego

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2001

The review of: Ks. Piotr Gajda, Prawo małżeńskie Kościoła katolickiego, Academica, Tarnów 2000, ss. 412.

Recenzja: Kanoniczne prawo małżeńskie

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2001

The review: Ks. Wojciech Góralski, Kanoniczne prawo małżeńskie, Polskie Wydawnictwo Prawnicze, Warszawa 2000, ss. 178.