THE LEGAL REPORT
THE LEGAL REPORT IS THAT SOCIAL CONNECTION, REGULATED BY THE LEGAL NORM, CONTAINING A SYSTEM OF MUTUAL INTERACTION BETWEEN THE DETERMINED PARTICIPANTS, A CONNECTION THAT IS LIKELY TO BE DEFENDED THROUGH THE STATE COERCION.
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THE LEGAL REPORT IS THAT SOCIAL CONNECTION, REGULATED BY THE LEGAL NORM, CONTAINING A SYSTEM OF MUTUAL INTERACTION BETWEEN THE DETERMINED PARTICIPANTS, A CONNECTION THAT IS LIKELY TO BE DEFENDED THROUGH THE STATE COERCION.
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ADMINISTRATIVE CONTENTIOUS IN ITS CURRENT FORM IS LARGELY THE RESULT OF HISTORICAL DEVELOPMENTS THAT TOOK PLACE GRADUALLY UNDER THE INFLUENCE OF OUR COUNTRY'S SPECIFIC NEEDS. BEING A FUNDAMENTAL INSTITUTION OF PUBLIC LAW, WHICH CARRIES OUT THE JUDICIAL CONTROL OVER THE ACTIVITY OF PUBLIC ADMINISTRATION BODIES, WHICH AIMS TO GUARANTEE THE LEGALITY OF ACTS ISSUED BY THEM, AS WELL AS RESPECT FOR THE RIGHTS AND LEGITIMATE INTERESTS OF THE PERSONS INJURED IN THEIR RELATIONS WITH THESE AUTHORITIES, IT IS IMPORTANT TO KNOWN HISTORICAL EVOLUTION OF IT IN TIME. IN A STATE OF LAW BASED ON THE LEGAL ORDER, PUBLIC ADMINISTRATIVE COURTS REPRESENT A DEMOCRATIC FORM OF REPARATION OF VIOLATIONS COMMITTED BY LAW ENFORCEMENT AND ADMINISTRATIVE AUTHORITIES, LIMITING THE ARBITRARY POWER OF THEIR TO ENSURE INDIVIDUAL RIGHTS OF CITIZENS.
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The article attempts to discuss the legal and institutional issues related to the use of the State Land Fund (SLF) as a fundamental instrument of the postwar agrarian and land policy in Poland. First of all, an attempt was made to indicate the normative basis for its implementation and to reconstruct the legal character of the institution in question. Reconstruction of the legal essence of the State Land Fund shows the divergences formulated in this regard by the proponents of the doctrine of agricultural and financial law. The evolution of functions performed by the fund in the framework of the agrarian policy of the socialist state, and changes made in the model of administration of this institution, have contributed to the emergence of different evaluations. It seems that the institutional specificity of the SLF was determined primarily by the doctrinal or systemic basis of the Stalinist agricultural policy.
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In 1810–1811 two delegations of the Lithuanian nobility visited St. Petersburg in an attempt to draw attention of the Russian authorities to the problems of the West Guberniyas. One of them was headed by Duke Xavier Drucki-Lubecki. His Memorandum, probably intended for Michail M. Speranski, provides insight into the main ills of the Polish Guberniyas. Lubecki outlined the principal directions of the desired reforms of the economic situation, the political system of the guberniyas, as well as certain institutions of Polish-Lithuanian law.
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Roman authors demonstrated this hierarchy-oriented approach already when talking about the very establishment of Rome by Romulus, who divided then the foundational community into social orders of patricians and plebeians. Rome begins not with the individuals entering into a kind of social contract but with the pre-existing community. This community is granted with new identity with establishment of a specific order, that allowed addressing all the needs of the community and provided it with significant potential for expansion. Both social orders were burdened with the duties of mutual care and the specific duties towards Roman community itself. Therefore, the social relationships were understood in terms of duties and not rights. In order to provide for proper functioning of this social system, special institutions were established. Among others, that were described, particular attention was paid to Censors being in charge of supervising appropriate moral conduct of the citizens. The Censors exercised control over the way in which the citizens performed their moral duties, i.e. whether they have been observing mores (socially accepted patterns of conduct) in social life. Requirements stemming from the mores depended on the social position, and the higher the social position was, the greater were the requirements towards a given citizen. Censors could punish a citizen who had violated mores, with a censor’s note (nota censoria). The effect of the censor’s note were diverse and could entail severe consequences ending with exclusion from the community which resulted in deprivation of citizenship (capitis deminutio media).
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O perspectivă interesantă şi lămuritoare asupra problematicii drepturilor omului ne oferă Marchel Gauchet în două dintre lucrările sale: Ieşirea din religie, publicată la Humanitas şi La democratie contre elle-même, apărută la Galimard. Această perspectivă continuă viziunea pe care autorul francez o propune în lucrarea ce l-a făcut faimos Dezvrăjirea lumii. O istorie politică a religiei, titlu cu rezonanţe weberiene. Contextul în care este situată problematica drepturilor omului şi a înţelegerii problemelor actuale ale lumii, care nu vizează doar structurile politice ci şi relaţiile interumane, cele cotidiene, este cel al naşterii statului. Această problematică este şi cea a raporturilor dintre religie şi societate şi se referă şi la întrebarea dacă religiosul e consubstanţial socialului, având în vedere că religiosul este, conform autorului, prezent şi în mişcări explicit antireligioase şi că s-a strecurat şi în mişcările şi ideologiile totalitare, care sunt fundamental antireligioase. Deşi religiosul este prezent mereu în istorie şi a fost o constantă a societăţii umane, acest lucru nu îl scuteşte de statutul de fenomen istoric, care are, aşadar, un început şi un sfârşit. Acest sfârşit nu semnifică dispariţia religiei, nici măcar în formă instituţională. Religia provine dintr-o instituire socială. Ea nu este rezultatul unei constrângeri, ci, paradoxal, al unei alegeri ce se pierde în antropogeneză. Chiar şi aşa religia reprezintă manifestarea unei structuri antropologice, care, chiar dacă religiile sunt marginalizate şi reduse pe plan social şi politic, funcţionează sub alte forme. Instituirea religioasă a socialului, a omului este paradoxală pentru că este o instituire a omului împotriva lui însuşi, fiind o respingere a „propriei sale prize transformatoare asupra organizării lumii sale”. Ceea ce este respins în această organizare socială, politică şi psihică a omului este ceea ce e mai specific omului, adică ruptura şi confruntarea cu ceea ce există, cu natura. E vorba de respingerea incapacităţii omului de a se împăca cu situaţia, cu instalarea în real, de respingerea neliniştii şi a impulsului transformator ce definesc, conform lui Gauchet, omul. Este un refuz al propriei fiinţe, de o aplicare a negaţiei asupra puterii sale constitutive. Omul pur şi simplu respinge propriul său statut de creator şi asumarea aceastei puteri. Religiosul şi societatea întemeiată pe religie este cea a deposedării de sine, a deposedării celor vii şi vizibili în favoarea fundamentului, care se află în spate, în trecut. La baza acestei atitudini şi relaţii cu semenii şi cu realul se află ideea de îndatorire sau de datorie faţă de strămoşi, aşadar faţă de fundament şi de sursă. Ceea ce are valoare paradigmatică este în trecut, în afara puterii de intervenţie şi de invenţie a omului, cutumele, gesturile şi comportamentele paradigmatice trebuind păstrate cu orice preţ; religiosul este mobilul pus în slujba imobilului, este neacceptarea pusă în favoarea acceptări, a inserţiei în lume. Omul este deposedat de suveranitatea sa, în termeni mai moderni.
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Some contemporany discourses and ideas have a long history that is forgoten, a history that should be know if one tries to understand some of the problems humanity is facing today in the era of globalization. The idea of sovereignity and the idea of human rights, that is sovereignty of the self-legislating and self-regulating autonomous individual, has a theological background. The main contention of this paper is to show that the concept of sovereignty has a clear theological origin and was meant to describe some atributes that belonged to God, then it was transfered on the human leader and to the state, thus becoming a concept of international relationships, and afterwards the concept was applied to the individual, which was being thought to be the bearer of sovereignty. This is a process that some contemporany thinkers have claimed to be nihilistic, because it provokes a divinization of man and human egoism, the distruction of our environment and social instability and of human relations, distruction of the family, being signs of this nefarious development.
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In Bulgarian society, there is a discussion about the importance, role, place and powers of the official government, including whether this institute should continue to exist after Bulgaria is a parliamentary republic. According to the Constitution, caretaker governments ensure the functioning of the executive power and the implementation of state policy, after it is impossible to form a regular government. They are not formed by the parties and coalitions in the Parliament, but are appointed by the president, with a limited term and a specific task - to prepare and hold early parliamentary elections. Although they are appointed by the head of state, they do not change his function as a balancing, equidistant body with neutral authority.
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While pointing out at the general significance of the French Revolution, the author emphasizes its contributions to direct and subsequent modelling of state and legal institutions. Particularly important in this respect is the value of the declaration of rights and of constitutional documents, which applies both to France and to other countries. In such a way the foundations of modem democracy have been built, as well as its component elements, and first of all — the „citizen” „people”, „general public”. Owing to these elements, contemporary state has been developed, too, the leading principle being the division of power. Modem law rests on a developed legislation, while great attempts at codification have contributed to establishing a coordinated legal system. This is why contemporary state and legal order is based on the principles of constitutionality and legality, with a legitimacy which emanates out of people’s sovereignty, followed by an efficient responsibility of the state bodies and agencies. On the basis of the above, one may say that first of all political and legal conditions have been created for honouring and protecting freedom of all individuals. In general, all these and other achievements poin out at the genuine civilizational and cultural meaning of that greatest revolution in the history of mankind.
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Enacted “Jus Valachicum” in South Transylvania (14th-18th Centuries). The case studies presented in our approach analyse from the perspective of legal history several medieval and premodern historical documents. They reflect enactments of the Jus Valachicum in South Transylvania among the Romanians living on the Saxon Land, in Mărginimea Sibiului, and in its vicinity, in the citadel and Land of Făgăraş. Illustrations and prescriptions of enacted Romanian customary law are included in: the Romanian-Saxon peace convention of Cristian (13 January 1383); the protocol of the seat of Sălişte (16th-18th centuries); Constitutio gremialis Sedis Szeliste (1585); Cartea ocolniță from Răşinari (22 May 1488); Transmissionales in causa Possesionis Resinar contra Liberam Regiamque Civitatem Cibiniensem (1784); the Jura (Rights) of Răşinari (15th-18th centuries); the Statutes of Făgăraş (15 May 1508). These enactments of Jus Valachicum abolish the bias of a strictly oral, unwritten and unstructured Romanian customary law. They also confirm de iure the legal situation extant de facto, thus proving the long uninterrupted use of Jus Valachicum among the South-Transylvanian Romanians during the 14th-18th centuries.
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In the text the author analyzes the excerpt of the work of late republican lawyer Alfenus Varus on the responsibility of slaves for the actions taken on the owner’s order. Text of Alfenus is preserved in D. 44.7.20. Its interpretation indicates that the discussed question was the private liability on the ground of lex Aquilia de damno and the perpetrator was manumitted after committing the wrongful act. The rule quoted by Alfenus, that the manumitted slaves should not be released from responsibility for the actions taken on the order of their masters, could refer to liability on the ground of the private and public law.
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The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.
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The article discusses the right to privacy as an exemption from freedom of information in Poland as specified in the Act of 6 September 2001 on access to public information. The aim is to examine how Poland regulates the relationship between two important values: freedom of information and the right to privacy. There are many situations where the right to privacy as an exemption from freedom of information occurs. The article however is focused specifically on the issue where a requester asks for public information that may relate to the privacy of persons performing public functions. This problem is valid, especially in the light of the recent application of the First President of the Supreme Court to the Constitutional Tribunal which touches upon the right to privacy of persons performing public functions. The author argues that although Poland assures freedom of information and the right to privacy, Polish public authorities and courts have a problem striking the right balance between those two values. This is primarily the result of general terms used by the legislator, which must be explained through a judicial interpretation.
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The article tries to prove that in the development of children and youth tourism in Poland in the years 1918-1939 a very important role was played by the state authorities, who took promotional actions, rightly seeing in this form of work with students the possibility of shaping patriotic and civil attitudes. An analysis was made of the legal acts issued by the Minister of Religious Denominations and Public Enlightenment, containing guidelines for the organization of trips in the form of instructions or recommendations. The next part of the text describes the involvement of the state authorities in creating a tourist accommodation base that could be used during trips lasting more than one day. In the final part of the study it was emphasized that the legal regulations relating to school tourism in Poland between 1918 and 1939 were insufficient.
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This paper presents influence of the enactment of several acts to judicial system in England. These acts have shaped the judicial system and each one has contributed to what we now call the modern judicial system of the United Kingdom. The first act dealt with in this paper was the Act of Settlement from 1701, which brought greater independence to the courts. After that, the paper treats the Judicature Act of 1873 and its amendments of 1875. These acts abolished existing Common law courts and new courts that were formed. The third act is the Courts Act from 1971, which established the Crown Court. The Crown Court had jurisdiction over most criminal cases. The last act mentioned in the paper is Constitutional Reform Act from 2005. This act abolished the appellate instance of the House of Lords and established the Supreme Court of the United Kingdom. The process of continuous development of the court has been completed with the adoption of this act. Using the historical method, these acts and their influence on the development of the judicial system in England throughout history are presented in this paper. Certain articles of these acts have been translated and they are part of this paper as well.
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Myśląc o Profesorze Cezarym Kunderewiczu, w pierwszej chwili mam przed oczami starszego już mężczyznę o „bardzo, bardzo” wysokim czole, raczej średniego wzrostu, lekko przygarbionego, który niespiesznym krokiem zbliża się do „swojego” biurka w sali 25 (czyli po remoncie gmachu Collegium Iuridicum I, sala 203 na pierwszym piętrze, w której mieści się Biblioteka im. Rafała Taubenschlaga). Profesora poznałam jeszcze jako studentka, kiedy uczestniczyłam w seminarium z prawa rzymskiego prowadzonym przez prof. Henryka Kupiszewskiego i zamierzałam pisać pracę magisterską z tej dziedziny.
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Review of: Joanna KULAWIAK-CYRANKOWSKA - MACIEJ JOŃCA (RED.), PERSONAE – RES – ACTIONES. ROZMOWY O PRAWIE RZYMSKIM I HISTORII PRAWA, WYDAWNICTWO KUL, LUBLIN 2021, SS. 347 ISBN 978-83-8061-950-0
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