Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.10
Andrzej Torbus
The impact of the covid-19 pandemic on the business environment created the risk of numerous insolvencies of entrepreneurs. The aim of this study is to discuss the impact of the COVID-19 pandemic on the Polish insolvency Law and to compare the solutions adopted in Poland with those in use in other countries.
{"title":"The Influence of SARS-CoV-2 on the Polish Insolvency Law","authors":"Andrzej Torbus","doi":"10.15388/teise.2023.126.10","DOIUrl":"https://doi.org/10.15388/teise.2023.126.10","url":null,"abstract":"The impact of the covid-19 pandemic on the business environment created the risk of numerous insolvencies of entrepreneurs. The aim of this study is to discuss the impact of the COVID-19 pandemic on the Polish insolvency Law and to compare the solutions adopted in Poland with those in use in other countries.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987464","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.5
Tadas Lukošius
The paper examines the development of the Church’s procedural law ordo iudiciarius in the period from the middle of the 12th century to the end of 13th century. By looking from the perspective of the defendant’s right to a due process, the author aims to reveal circumstances for the formation of ordo iudiciarius and its main features in the stages when the opposing procedure models (accusatorial and inquisitorial) were applied in the Church courts.
{"title":"Procedural Law of Medieval Church (ordo iudiciarius) in the Context of the Defendant’s Right to Due Process","authors":"Tadas Lukošius","doi":"10.15388/teise.2023.126.5","DOIUrl":"https://doi.org/10.15388/teise.2023.126.5","url":null,"abstract":"The paper examines the development of the Church’s procedural law ordo iudiciarius in the period from the middle of the 12th century to the end of 13th century. By looking from the perspective of the defendant’s right to a due process, the author aims to reveal circumstances for the formation of ordo iudiciarius and its main features in the stages when the opposing procedure models (accusatorial and inquisitorial) were applied in the Church courts.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987564","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.12
Raimonda Kraemer
The article presents the results of the research and reveals the following: do lawyers use mediation in their activities, how often do they do it; how do lawyers evaluate their activities in mediation, what are the reasons for this. Is the lawyers’ knowledge of mediation sufficient, what influence does the mediator’s qualification have on this; how lawyers value mediation, what is their attitude towards this method of ADR; whether and how well lawyers are able to provide clients with information about mediation and what is the opinion of lawyers regarding the most suitable profession for the role of mediator.
{"title":"Mediation in the Activities of a Lawyer","authors":"Raimonda Kraemer","doi":"10.15388/teise.2023.126.12","DOIUrl":"https://doi.org/10.15388/teise.2023.126.12","url":null,"abstract":"The article presents the results of the research and reveals the following: do lawyers use mediation in their activities, how often do they do it; how do lawyers evaluate their activities in mediation, what are the reasons for this. Is the lawyers’ knowledge of mediation sufficient, what influence does the mediator’s qualification have on this; how lawyers value mediation, what is their attitude towards this method of ADR; whether and how well lawyers are able to provide clients with information about mediation and what is the opinion of lawyers regarding the most suitable profession for the role of mediator.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987538","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.4
Remigijus Jokubauskas
This article analyses dishonesty of the debtor as a condition for the refusal to commence personal bankruptcy proceedings. It examines what actions may indicate the debtor’s dishonesty and how they should be interpreted. The question also arises as to whether dishonesty acts of the debtor should be interpreted in the same way, depending on the nature of the debtor, where a debtor is a consumer or an entrepreneur.
{"title":"The Problems of Assessment of Debtor Bad Faith in Bankruptcy Proceedings of Natural Persons","authors":"Remigijus Jokubauskas","doi":"10.15388/teise.2023.126.4","DOIUrl":"https://doi.org/10.15388/teise.2023.126.4","url":null,"abstract":"This article analyses dishonesty of the debtor as a condition for the refusal to commence personal bankruptcy proceedings. It examines what actions may indicate the debtor’s dishonesty and how they should be interpreted. The question also arises as to whether dishonesty acts of the debtor should be interpreted in the same way, depending on the nature of the debtor, where a debtor is a consumer or an entrepreneur.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987556","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.9
V. Savchenko
The article considers the views of prominent scientists on the legal nature of free will. The article proves that historically, the primary purpose of the law was to regulate social relations and free will. The Author studied the evolution of views on free will in direction through Antiquity, the Middle Ages, the Reformation and modern understanding.
{"title":"Historical and Philosophical Analysis of Free Will as the Genesis of Understanding Law","authors":"V. Savchenko","doi":"10.15388/teise.2023.126.9","DOIUrl":"https://doi.org/10.15388/teise.2023.126.9","url":null,"abstract":"The article considers the views of prominent scientists on the legal nature of free will. The article proves that historically, the primary purpose of the law was to regulate social relations and free will. The Author studied the evolution of views on free will in direction through Antiquity, the Middle Ages, the Reformation and modern understanding.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987609","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.1
Jevgenij Machovenko, A. Lytvynenko
This article examines the cassational practice of the Supreme Tribunal of the Republic of Lithuania in peasant inheritance cases which were adjudicated in the 1920s and 1930s. The authors aim to describe the case law on the application of local customs as well as to determine whether the Supreme Tribunal of the Republic of Lithuania sought to expand, or, instead, to taper the scope of application of local customs in peasant inheritance disputes. The article paramountly utilizes the jurisprudence of the Supreme Tribunal of the Republic of Lithuania and the legal acts of the restored State of Lithuania, as well as the pre-war legal acts.
{"title":"The Jurisprudence of the Supreme Tribunal of the Lithuanian Republic in the Application of Local Customs in Peasantry Inheritance Cases","authors":"Jevgenij Machovenko, A. Lytvynenko","doi":"10.15388/teise.2023.126.1","DOIUrl":"https://doi.org/10.15388/teise.2023.126.1","url":null,"abstract":"This article examines the cassational practice of the Supreme Tribunal of the Republic of Lithuania in peasant inheritance cases which were adjudicated in the 1920s and 1930s. The authors aim to describe the case law on the application of local customs as well as to determine whether the Supreme Tribunal of the Republic of Lithuania sought to expand, or, instead, to taper the scope of application of local customs in peasant inheritance disputes. The article paramountly utilizes the jurisprudence of the Supreme Tribunal of the Republic of Lithuania and the legal acts of the restored State of Lithuania, as well as the pre-war legal acts.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987449","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.3
Airė Keturakienė, Donatas Murauskas
We analyse applications presented to the European Court of Human Rights raising the issue of insufficient actions of States to fight climate change. First, we discuss the relevant national cases that expose three different approaches towards climate change justice cases, i.e. the cases from the Netherlands, Norway, and Germany. Second, considering the European Court of Human Rights criteria on inadmissibility and substance, we assess major issues related to the presented applications and their success.
{"title":"Climate Change and Human Rights: the First Cases Before the European Court of Human Rights","authors":"Airė Keturakienė, Donatas Murauskas","doi":"10.15388/teise.2023.126.3","DOIUrl":"https://doi.org/10.15388/teise.2023.126.3","url":null,"abstract":"We analyse applications presented to the European Court of Human Rights raising the issue of insufficient actions of States to fight climate change. First, we discuss the relevant national cases that expose three different approaches towards climate change justice cases, i.e. the cases from the Netherlands, Norway, and Germany. Second, considering the European Court of Human Rights criteria on inadmissibility and substance, we assess major issues related to the presented applications and their success.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48790083","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.7
V. Gutnyk
The article deals with the efficiency of international criminal justice. It is proved that the development of the system of international criminal justice took place rather in waves, and the permanent International Criminal Court can hardly be called an effective judicial institution. All international criminal courts encountered the same problems and were effective if there was adequate cooperation between the states. Attention is drawn to the existing armed conflict in Ukraine and the prospects of prosecution of persons who committed international crimes.
{"title":"The Development of International Criminal Justice: Expectations and Reality","authors":"V. Gutnyk","doi":"10.15388/teise.2023.126.7","DOIUrl":"https://doi.org/10.15388/teise.2023.126.7","url":null,"abstract":"The article deals with the efficiency of international criminal justice. It is proved that the development of the system of international criminal justice took place rather in waves, and the permanent International Criminal Court can hardly be called an effective judicial institution. All international criminal courts encountered the same problems and were effective if there was adequate cooperation between the states. Attention is drawn to the existing armed conflict in Ukraine and the prospects of prosecution of persons who committed international crimes.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49033979","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.6
Martynas Montvidas
This Article in the context of common rules of liability for infringements of tax laws discloses the legal regulation establishing a higher tax rate on State natural resources and problems related to its application in Case Law.
{"title":"Legal Basis and Problems Regarding the Application of a Higher Tax Rate on State Natural Resources","authors":"Martynas Montvidas","doi":"10.15388/teise.2023.126.6","DOIUrl":"https://doi.org/10.15388/teise.2023.126.6","url":null,"abstract":"This Article in the context of common rules of liability for infringements of tax laws discloses the legal regulation establishing a higher tax rate on State natural resources and problems related to its application in Case Law.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987600","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}
Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.11
G. Valiyeva
This article researches the following questions: defining the protectable subject matter as cultural heritage in the International Law, the obligation to protect the cultural heritage and evaluation of the cultural heritage as a Human Rights issue. Additionally, assessment of the Human Rights-based limitations on the preservation of the cultural heritage and legal grounds for the right to destroy and its limits have been discussed. It is defined that, the obligation to protect the cultural heritage is a duty established by the International Law on the states, rather than on the non-state actors. The general approach for the assessment of the Human Rights limitations on cultural heritage protection is expected to be based on the principles of balance of interests and the limited transformation or conditionality.
{"title":"Legal Assessment of the Human Rights Limitations on the Preservation of Cultural Heritage","authors":"G. Valiyeva","doi":"10.15388/teise.2023.126.11","DOIUrl":"https://doi.org/10.15388/teise.2023.126.11","url":null,"abstract":"This article researches the following questions: defining the protectable subject matter as cultural heritage in the International Law, the obligation to protect the cultural heritage and evaluation of the cultural heritage as a Human Rights issue. Additionally, assessment of the Human Rights-based limitations on the preservation of the cultural heritage and legal grounds for the right to destroy and its limits have been discussed. It is defined that, the obligation to protect the cultural heritage is a duty established by the International Law on the states, rather than on the non-state actors. The general approach for the assessment of the Human Rights limitations on cultural heritage protection is expected to be based on the principles of balance of interests and the limited transformation or conditionality.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987498","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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