The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to retreat, the castle doctrine and the provisions which expand this doctrine in comparison with the parallel legal solutions existing in Poland .
{"title":"THE CONCEPT OF SELF-DEFENSE IN AMERICAN AND POLISH LEGAL SYSTEMS – A COMPARATIVE ANALYSIS","authors":"Katarzyna Ginszt, Jakub Ginszt","doi":"10.31743/RECL.4269","DOIUrl":"https://doi.org/10.31743/RECL.4269","url":null,"abstract":"The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to retreat, the castle doctrine and the provisions which expand this doctrine in comparison with the parallel legal solutions existing in Poland .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"55 1","pages":"85-104"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79655064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of the glossary is to consider certain aspects concerning issuing of humanitarian visas . Its aim is to demonstrate the need for humanitarian visas in order to allow individuals to cross the external borders of the European Union in hopes of protection in one of its Member States . The prohibition of torture, inhuman or degrading treatment derives from the European Union and international law . It confirms the importance of granting international protection to foreigners and accessibility to this procedure . This article is generally based on the Advocate General’s opinion and the judgment of the Court of Justice of the European Union in case C-638/16 X and X v État belge . It is also noted that the Court did not comply with the recommendations of the Advocate General . The arguments used in this article are to show that people in need of international protection should be able to apply for a humanitarian visa under European Union and international law .
本词汇表的主题是考虑与签发人道主义签证有关的某些方面。其目的是证明人道主义签证的必要性，以便允许个人越过欧洲联盟的外部边界，希望在其成员国之一得到保护。禁止酷刑、不人道或有辱人格的待遇源于欧洲联盟和国际法。它确认向外国人提供国际保护和利用这一程序的重要性。本文一般以总检察长的意见和欧洲联盟法院对c -638/ 16x和X v État比利时案的判决为根据。还指出，法院没有遵守总检察长的建议。本文所使用的论点是为了表明，需要国际保护的人应该能够根据欧洲联盟和国际法申请人道主义签证。
{"title":"GLOSSARY TO THE JUDGMENT OF THE COURT OF JUSTISE OF THE EUROPEAN UNION C-638/16 X AND X V ÉTAT BELGE","authors":"A. Shulha","doi":"10.31743/RECL.4271","DOIUrl":"https://doi.org/10.31743/RECL.4271","url":null,"abstract":"The subject of the glossary is to consider certain aspects concerning issuing of humanitarian visas . Its aim is to demonstrate the need for humanitarian visas in order to allow individuals to cross the external borders of the European Union in hopes of protection in one of its Member States . The prohibition of torture, inhuman or degrading treatment derives from the European Union and international law . It confirms the importance of granting international protection to foreigners and accessibility to this procedure . This article is generally based on the Advocate General’s opinion and the judgment of the Court of Justice of the European Union in case C-638/16 X and X v État belge . It is also noted that the Court did not comply with the recommendations of the Advocate General . The arguments used in this article are to show that people in need of international protection should be able to apply for a humanitarian visa under European Union and international law .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"114 1","pages":"121-133"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79448042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Each country which allows for organ transplantation developed legal regulations concerning the related procedure the objective of which is to both ensure the safety of the procedure and to prevent trafficking in human organs. There are however substantial differences between the solutions adopted by particular
{"title":"MODELS OF THE LEGAL CONSTRUCT OF CONSENT FOR POST MORTEM ORGAN TRANSPLANTATION ILLUSTRATED BY THE EXAMPLE OF POLAND, NORWAY AND USA","authors":"E. Sarnacka","doi":"10.31743/RECL.4268","DOIUrl":"https://doi.org/10.31743/RECL.4268","url":null,"abstract":"Each country which allows for organ transplantation developed legal regulations concerning the related procedure the objective of which is to both ensure the safety of the procedure and to prevent trafficking in human organs. There are however substantial differences between the solutions adopted by particular","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"12 1","pages":"47-83"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74798293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Local governments act based on and within legal boundaries . They realize objectives which stem from law as well . In order for law to facilitate the actual realization of specific objectives, when designing and executing it, a rational legislator ought to take into account praxeological principles . The principles influence the division of tasks and allocation of competences to proper local government bodies . As a result, they contribute to their efficient operation, shape structures the bodies function in, and determine the ways these structures operate in .
{"title":"THE ROLE OF PRAXEOLOGICAL PRINCIPLESIN SHAPING COMPETENCES OF LOCAL GOVERNMENTS","authors":"Magdalena Kisała","doi":"10.31743/recl.4270","DOIUrl":"https://doi.org/10.31743/recl.4270","url":null,"abstract":"Local governments act based on and within legal boundaries . They realize objectives which stem from law as well . In order for law to facilitate the actual realization of specific objectives, when designing and executing it, a rational legislator ought to take into account praxeological principles . The principles influence the division of tasks and allocation of competences to proper local government bodies . As a result, they contribute to their efficient operation, shape structures the bodies function in, and determine the ways these structures operate in .","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"15 1","pages":"105-118"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74116842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"RECOGNITION OF SURNAMES IN CZECH LEGISLATION AND JUDICATURE","authors":"Miluše Hrnčiříková, L. Valentová","doi":"10.31743/recl.4265","DOIUrl":"https://doi.org/10.31743/recl.4265","url":null,"abstract":"","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"134 1","pages":"9-32"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77403291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This dissertation will focus on common intention constructive trusts in relation to shared ownership of the family home predominantly in relation to unmarried couples. These trusts are particularly important because as opposed to married couples where the court may determine a couple’s financial and property issues upon divorce using the provisions of the Matrimonial Causes Act 1973, the position of unmarried couples is not covered by any legislation and so judges need to refer back to case law and property law in order to establish the equitable ownership of property.
{"title":"ENGLAND: DID THE DECISION OF THE SUPREME COURTIN THE CASE OF JONES V KERNOTT CLARIFY THE LAWIN RELATION TO TRUSTS OF THE FAMILY HOME?","authors":"Bartłomiej Orawiec","doi":"10.31743/recl.4313","DOIUrl":"https://doi.org/10.31743/recl.4313","url":null,"abstract":"This dissertation will focus on common intention constructive trusts in relation to shared ownership of the family home predominantly in relation to unmarried couples. These trusts are particularly important because as opposed to married couples where the court may determine a couple’s financial and property issues upon divorce using the provisions of the Matrimonial Causes Act 1973, the position of unmarried couples is not covered by any legislation and so judges need to refer back to case law and property law in order to establish the equitable ownership of property.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"96 1","pages":"85-127"},"PeriodicalIF":0.0,"publicationDate":"2017-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83374528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the politically momentous and legally precedential constitutional problems of recent years which had to be faced by the Polish constitutional court has been the dispute whether it is possible to exclude the applicable statute defining the organization and procedure of the CT proceedings as a basis for adjudication. An analysis of the judgment of the Tribunal addressing that issue proves that the Polish constitutional court excluded the possibility that the same regulation could serve simultaneously as the object of control and the basis for control proceedings. This results from the essence of constitutional control of the law which in such arrangement of its key elements would simply repeal itself, i.e. would lead to its own invalidation. Subordination of constitutional judges exclusively to the Constitution extends to all actions they perform in serving their office and other consubstantial manifestations of exercising the power to judge. This is a derivative of jurisprudential responsibilities of the Tribunal, which * The article is a part of a research project financed by the National Science Centre under decision no. DEC–2014/13/B/HS5/01453 (artykuł jest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC–2014/13/B/HS5/01453). Cf. e.g. CT judgments of: 3 December 2015, no. K 34/15, OTK ZU no. 11/A/2015, item 185, and 9 December 2015, no. K 35/15, OTK ZU no. 11/A/2015, item 186; 11 December 2016, no. K 39/16, OTK ZU no. A/2016, item 71, still awaiting publication in the Journal of Laws. ** Associate Professor Hab., PhD, The Institute of Law Studies of the Polish Academy of Sciences, piotradziewicz@gmail.com.
近年来波兰宪法法院必须面对的政治上重大和法律上具有先例意义的宪法问题之一是，是否有可能排除规定宪法法院程序的组织和程序的适用法规，作为裁决的基础。对法庭处理这一问题的判决的分析证明，波兰宪法法院排除了同一条例可以同时作为控制对象和控制程序的基础的可能性。这是由宪法控制法律的本质造成的，在这种关键要素的安排下，法律只会自我废除，即导致其本身无效。宪法法官完全服从宪法，包括他们为履行职责所采取的一切行动以及行使审判权的其他同质表现。这是法庭的法律责任的衍生品，*本文是由国家科学中心资助的一项研究项目的一部分。DEC-2014/13 /B/HS5/01453 (artykuowjest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC-2014/13 /B/HS5/01453)。参见CT判决:2015年12月3日，第。K 34/15, OTK ZU号11/A/2015，项目185;K 35/15, OTK ZU号11/A/2015，项目186;2016年12月11日K 39/16, OTK ZU号A/2016，项目71，仍待在《法学杂志》上发表。** Hab副教授，博士，波兰科学院法律研究所，piotradziewicz@gmail.com。
{"title":"REFUSAL OF THE POLISH CONSTITUTIONAL TRIBUNALTO APPLY THE ACT STIPULATINGTHE CONSTITUTIONAL REVIEW PROCEDURE","authors":"P. Radziewicz","doi":"10.31743/RECL.4309","DOIUrl":"https://doi.org/10.31743/RECL.4309","url":null,"abstract":"One of the politically momentous and legally precedential constitutional problems of recent years which had to be faced by the Polish constitutional court has been the dispute whether it is possible to exclude the applicable statute defining the organization and procedure of the CT proceedings as a basis for adjudication. An analysis of the judgment of the Tribunal addressing that issue proves that the Polish constitutional court excluded the possibility that the same regulation could serve simultaneously as the object of control and the basis for control proceedings. This results from the essence of constitutional control of the law which in such arrangement of its key elements would simply repeal itself, i.e. would lead to its own invalidation. Subordination of constitutional judges exclusively to the Constitution extends to all actions they perform in serving their office and other consubstantial manifestations of exercising the power to judge. This is a derivative of jurisprudential responsibilities of the Tribunal, which * The article is a part of a research project financed by the National Science Centre under decision no. DEC–2014/13/B/HS5/01453 (artykuł jest częścią projektu badawczego finansowanego ze środków Narodowego Centrum Nauki przyznanych na podstawie decyzji nr DEC–2014/13/B/HS5/01453). Cf. e.g. CT judgments of: 3 December 2015, no. K 34/15, OTK ZU no. 11/A/2015, item 185, and 9 December 2015, no. K 35/15, OTK ZU no. 11/A/2015, item 186; 11 December 2016, no. K 39/16, OTK ZU no. A/2016, item 71, still awaiting publication in the Journal of Laws. ** Associate Professor Hab., PhD, The Institute of Law Studies of the Polish Academy of Sciences, piotradziewicz@gmail.com.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"63 1","pages":"23-40"},"PeriodicalIF":0.0,"publicationDate":"2017-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91117530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory representation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock companies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.
{"title":"LAW APPLICABLE FOR THE REPRESENTATIONTO EXERCISE THE CORPORATE RIGHTS OF SHAREHOLDERSIN POLISH COMPANIES","authors":"Krzysztof Tapek","doi":"10.31743/RECL.4314","DOIUrl":"https://doi.org/10.31743/RECL.4314","url":null,"abstract":"Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory representation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock companies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"84 1","pages":"129-160"},"PeriodicalIF":0.0,"publicationDate":"2017-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90643859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).
{"title":"THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW","authors":"Tomasz Sienkiewicz","doi":"10.31743/RECL.4310","DOIUrl":"https://doi.org/10.31743/RECL.4310","url":null,"abstract":"When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"6 1","pages":"41-65"},"PeriodicalIF":0.0,"publicationDate":"2017-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81241155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEED-INGS AS A GUARANTEE OF ENSURING THE EFFECTIVENESS OF LEGAL PROTECTION. SOME REMARKS","authors":"Joanna Misztal-Konecka","doi":"10.31743/recl.4308","DOIUrl":"https://doi.org/10.31743/recl.4308","url":null,"abstract":"","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"33 1","pages":"9-22"},"PeriodicalIF":0.0,"publicationDate":"2017-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81013848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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