The situation of medieval knights holding the office of governors – heads of villages – was not exceptional. The Gryfits from Lesser Poland were one of this kind of family. The author has occupied himself with the history of this House for some time, paying attention especially to matters connected with the recognition of the Gryfits and the Houses of Lisowie and Wierzbnowie as Pomeranian princes, and all of them as the second branch of the dynasty ruling in Poland. In this publication, profiles of chosen members of the family, ones who served the office of governors in different contexts, are described. Each of the above-mentioned examples presents a different situation, for instance: when a knight could attain an influential position at the royal court, yet the titular office was burdened with specific circumstances. First he was the plenipotentiary of the governor’s wife, then after the governor’s death (in rather mysterious circumstances), he became the husband to the widow and took over the late Governor’s post. Still, this is – as it seems – the timeless problem of sentiment, faithfulness and betrayal. Thus, succession and transferability of the Governor’s office was also thoroughly discussed.
{"title":"Urzędy wójtowskie w rękach małopolskich Gryfitów w XV wieku. Analiza źródłowa","authors":"T. Kruszewski","doi":"10.25167/osap.1205","DOIUrl":"https://doi.org/10.25167/osap.1205","url":null,"abstract":"The situation of medieval knights holding the office of governors – heads of villages – was not exceptional. The Gryfits from Lesser Poland were one of this kind of family. The author has occupied himself with the history of this House for some time, paying attention especially to matters connected with the recognition of the Gryfits and the Houses of Lisowie and Wierzbnowie as Pomeranian princes, and all of them as the second branch of the dynasty ruling in Poland. In this publication, profiles of chosen members of the family, ones who served the office of governors in different contexts, are described. Each of the above-mentioned examples presents a different situation, for instance: when a knight could attain an influential position at the royal court, yet the titular office was burdened with specific circumstances. First he was the plenipotentiary of the governor’s wife, then after the governor’s death (in rather mysterious circumstances), he became the husband to the widow and took over the late Governor’s post. Still, this is – as it seems – the timeless problem of sentiment, faithfulness and betrayal. Thus, succession and transferability of the Governor’s office was also thoroughly discussed.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43950675","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}
In the paper, the author compares social insurance law with commercial (personal) insurance law, regarding the both types of insurance as different legal disciplines with different social and economic purposes. In the common and compulsory social insurance, the social purpose connected with provision of insurance cover takes precedence, not only due to fulfillment of individual profits of individual insured persons, but also with regard to interests of other risk community members. Differently, voluntary personal insurance is a symptom of individual prudence undertaken most commonly to increase the economic standard of family procurement, as well as to fulfill business interests of insurance institutions, which is related to the commercial character of such insurance. Regardless of the aforementioned, the both types of insurance have a common subject of protection consisting in granting a guarantee to cover any damage caused by accidents influencing in a negative way an area of life, health and ability to work of persons covered by such insurance. Therefore, the term of insurance risk (social in social insurance and commercial or private in personal insurance) is fundamental in the subject matter and the nature of granted insurance cover consists in bearing such risk (danger) by the insuring party.
{"title":"Prawo ubezpieczeń społecznych a prawo ubezpieczeń gospodarczych (osobowych)","authors":"Kamil Antonów","doi":"10.25167/OSAP.1197","DOIUrl":"https://doi.org/10.25167/OSAP.1197","url":null,"abstract":"In the paper, the author compares social insurance law with commercial (personal) insurance law, regarding the both types of insurance as different legal disciplines with different social and economic purposes. In the common and compulsory social insurance, the social purpose connected with provision of insurance cover takes precedence, not only due to fulfillment of individual profits of individual insured persons, but also with regard to interests of other risk community members. Differently, voluntary personal insurance is a symptom of individual prudence undertaken most commonly to increase the economic standard of family procurement, as well as to fulfill business interests of insurance institutions, which is related to the commercial character of such insurance. Regardless of the aforementioned, the both types of insurance have a common subject of protection consisting in granting a guarantee to cover any damage caused by accidents influencing in a negative way an area of life, health and ability to work of persons covered by such insurance. Therefore, the term of insurance risk (social in social insurance and commercial or private in personal insurance) is fundamental in the subject matter and the nature of granted insurance cover consists in bearing such risk (danger) by the insuring party.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47204876","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}
There are references reaching back to the Middle Ages, regarding the fear of the “undead” or “living dead” who would rise from their graves in a local cemetery to haunt and harm the community. The fear of the “undead” was extremely strong, and the entailing hysteria often affected entire communities. In the 16th to the 18th century, in Silesia, effective forms of coping with the harmful deceased were developed. Analysing the preserved source material, we are able to determine that the basic actions involved finding the grave of the “undead” in the cemetery, exhuming the corpse and destroying it. However, this did not always mean the total annihilation of the poor man’s corpse. The trial and execution of the corpse of a person suspected of the harmful activity against the living took place observing almost the same rules as in the case of the living. Apart from the authorities, who usually commissioned local jurors to handle the situation, opinions and advice were also sought from the clergy as well as gravediggers and executioners. The last were considered to be experts of sorts and were often called upon to see corpses of the suspected dead. In the analysed cases of posthumous magic (magia posthuma) in Silesia, we deal with two directions of handling the corpse accused of a harmful posthumous activity. In both cases, the main decision was made to remove such corpses from the cemetery’s area. Costs of the trial and execution of the “undead” were considerable. They included expenses incurred due to rather frequent court hearings at which sometimes dozens of witnesses were heard, payments to expert witnesses, payments to guards watching graves, costs of legal instructions, services of gravediggers who would dig up suspicious graves, and, finally, the remuneration of executioners and their people. In the second half of the 18th century, despite relevant decrees issued by supreme authorities, trials and executions of the dead were not completely abandoned.
{"title":"Procesy i egzekucje „żywych trupów” przed sądami miejskimi i wiejskimi w XVI–XVIII wieku – przyczynek do wierzeń w magia posthuma na Śląsku","authors":"Daniel Wojtucki","doi":"10.25167/osap.1206","DOIUrl":"https://doi.org/10.25167/osap.1206","url":null,"abstract":"There are references reaching back to the Middle Ages, regarding the fear of the “undead” or “living dead” who would rise from their graves in a local cemetery to haunt and harm the community. The fear of the “undead” was extremely strong, and the entailing hysteria often affected entire communities. In the 16th to the 18th century, in Silesia, effective forms of coping with the harmful deceased were developed. Analysing the preserved source material, we are able to determine that the basic actions involved finding the grave of the “undead” in the cemetery, exhuming the corpse and destroying it. However, this did not always mean the total annihilation of the poor man’s corpse. The trial and execution of the corpse of a person suspected of the harmful activity against the living took place observing almost the same rules as in the case of the living. Apart from the authorities, who usually commissioned local jurors to handle the situation, opinions and advice were also sought from the clergy as well as gravediggers and executioners. The last were considered to be experts of sorts and were often called upon to see corpses of the suspected dead. In the analysed cases of posthumous magic (magia posthuma) in Silesia, we deal with two directions of handling the corpse accused of a harmful posthumous activity. In both cases, the main decision was made to remove such corpses from the cemetery’s area. Costs of the trial and execution of the “undead” were considerable. They included expenses incurred due to rather frequent court hearings at which sometimes dozens of witnesses were heard, payments to expert witnesses, payments to guards watching graves, costs of legal instructions, services of gravediggers who would dig up suspicious graves, and, finally, the remuneration of executioners and their people. In the second half of the 18th century, despite relevant decrees issued by supreme authorities, trials and executions of the dead were not completely abandoned.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44638065","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 publication is devoted to the problems of towns and townspeople’s activity in the political life of Poland before the Partitions. The research problem taken up in the article determined the possibly universal understanding of the term “town” and resignation from penetrating into terminological disputes related to the multifaceted nature of “urban issues” resulting in polemical multithreading in the doctrine. A broad temporal range was supposed to show the dynamics of undertaken actions, the progress and regress of the discussed process and the diversity of forms of active participation of towns and townspeople in the political life of the state. The author also tried to consider whether the explored issue could have an impact on the original direction of the systemic evolution of the former Polish statehood.
{"title":"Miasta i mieszczanie w życiu politycznym przedrozbiorowej Polski","authors":"Paweł Wiązek","doi":"10.25167/osap.1210","DOIUrl":"https://doi.org/10.25167/osap.1210","url":null,"abstract":"The publication is devoted to the problems of towns and townspeople’s activity in the political life of Poland before the Partitions. The research problem taken up in the article determined the possibly universal understanding of the term “town” and resignation from penetrating into terminological disputes related to the multifaceted nature of “urban issues” resulting in polemical multithreading in the doctrine. A broad temporal range was supposed to show the dynamics of undertaken actions, the progress and regress of the discussed process and the diversity of forms of active participation of towns and townspeople in the political life of the state. The author also tried to consider whether the explored issue could have an impact on the original direction of the systemic evolution of the former Polish statehood.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41735843","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 present study aims to reconstruct selected issues related to the position of the curator of the estate proceedings before administrative courts. The analysis includes basically applicable procedural regulations supplemented with practice shaped by courts (both administrative courts and common courts). Determining the scope of application of the regulations in force is to facilitate the answer to the question regarding the possibility of applying for the right of assistance by the curator of the estate. The reconstructed model of proceeding in Polish legal system taking into account not only the views presented in the literature, but also the views extracted from previous court records. As a consequence, the article attempts to combine theoretical views with practical views derived from the jurisprudence of administrative courts and common courts.
{"title":"Kurator spadku w postępowaniu o przyznanie prawa pomocy przed sądem administracyjnym","authors":"Robert Talaga","doi":"10.25167/osap.1188","DOIUrl":"https://doi.org/10.25167/osap.1188","url":null,"abstract":"The present study aims to reconstruct selected issues related to the position of the curator of the estate proceedings before administrative courts. The analysis includes basically applicable procedural regulations supplemented with practice shaped by courts (both administrative courts and common courts). Determining the scope of application of the regulations in force is to facilitate the answer to the question regarding the possibility of applying for the right of assistance by the curator of the estate. The reconstructed model of proceeding in Polish legal system taking into account not only the views presented in the literature, but also the views extracted from previous court records. As a consequence, the article attempts to combine theoretical views with practical views derived from the jurisprudence of administrative courts and common courts.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43106407","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}
Interrogation is a process-criminal act, without which it could not proceed, and finally no criminal proceedings could be concluded. The further course of investigation depends on the facts determined in its course. These facts determine the adoption or confirmation of forensic versions verified at subsequent stages of the proceedings. Therefore, documenting this activity is very important, and – at the same time – hard evidence, so that its course is not effectively undermined by the parties to the proceedings. Knowledge of the techniques of logging, the choice of the moment of its commencement, the transfer of the presented emotions and behaviors of the participants to the most accurate content is a necessary knowledge.
{"title":"Dokumentowanie czynności przesłuchania w polskim procesie karnym","authors":"D. Jagiełło","doi":"10.25167/OSAP.1179","DOIUrl":"https://doi.org/10.25167/OSAP.1179","url":null,"abstract":"Interrogation is a process-criminal act, without which it could not proceed, and finally no criminal proceedings could be concluded. The further course of investigation depends on the facts determined in its course. These facts determine the adoption or confirmation of forensic versions verified at subsequent stages of the proceedings. Therefore, documenting this activity is very important, and – at the same time – hard evidence, so that its course is not effectively undermined by the parties to the proceedings. Knowledge of the techniques of logging, the choice of the moment of its commencement, the transfer of the presented emotions and behaviors of the participants to the most accurate content is a necessary knowledge.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47386380","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}
Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.
{"title":"Odpowiedzialność prawna i kanoniczna katechety: dobra osobiste","authors":"Piotr Kroczek","doi":"10.25167/osap.1183","DOIUrl":"https://doi.org/10.25167/osap.1183","url":null,"abstract":"Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43063391","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 restructuring law in force in Poland for two years is still a young branch of law, mainly based on bankruptcy law, which is referred to by the judiciary and doctrine. However, despite the many similarities that combine somehow the two legal acts, i.e. the restructuring law and the bankruptcy law, one should point to some differences already existing at the foundation of these legal acts, i.e. the principles on which they were based. These principles constituted the basis for legislative work, as well as now constitute the main interpretation of the restructuring law. The main purpose of restructuring proceedings is to preserve the debtor’s enterprise, which, as a consequence, generates a lot of positive effects, in this that it helps to achieve the second of the prime objectives of the proceeding, i.e. to satisfy the debtor’s creditors. Other important measures that are supposed to be a consequence of the application of regulations based on the principles described in this article are also those affecting the awareness and mentality of entrepreneurs, among whom there is still a widespread belief that filing for bankruptcy involves bankruptcy, the inability to recover their debts, which causes frequent lack of willingness to take active actions on the part of creditors. Restricting the restructuring law on the described principles is to provide multiple benefits – ensure the debtor’s further existence, satisfy the creditors and maintain stability in the economic market.
{"title":"Podstawowe zasady postępowań restrukturyzacyjnych","authors":"J. Kita","doi":"10.25167/osap.1182","DOIUrl":"https://doi.org/10.25167/osap.1182","url":null,"abstract":"The restructuring law in force in Poland for two years is still a young branch of law, mainly based on bankruptcy law, which is referred to by the judiciary and doctrine. However, despite the many similarities that combine somehow the two legal acts, i.e. the restructuring law and the bankruptcy law, one should point to some differences already existing at the foundation of these legal acts, i.e. the principles on which they were based. These principles constituted the basis for legislative work, as well as now constitute the main interpretation of the restructuring law. The main purpose of restructuring proceedings is to preserve the debtor’s enterprise, which, as a consequence, generates a lot of positive effects, in this that it helps to achieve the second of the prime objectives of the proceeding, i.e. to satisfy the debtor’s creditors. Other important measures that are supposed to be a consequence of the application of regulations based on the principles described in this article are also those affecting the awareness and mentality of entrepreneurs, among whom there is still a widespread belief that filing for bankruptcy involves bankruptcy, the inability to recover their debts, which causes frequent lack of willingness to take active actions on the part of creditors. Restricting the restructuring law on the described principles is to provide multiple benefits – ensure the debtor’s further existence, satisfy the creditors and maintain stability in the economic market. \u0000 ","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43466569","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 article analyzes the rights in the area of social security resulting from the European Social Charter and the Revised European Social Charter. The study presents both standards resulting directly from the provisions of the above-mentioned treaties as well as requirements interpreted by the European Committee of Social Rights. Particular attention was paid to the guarantees of the social security system and protection of entitled persons in the event of the necessity to limit the level of granted benefits, especially in the event of an economic crisis.
{"title":"(Zrewidowana) Europejska Karta Społeczna jako międzynarodowy standard chroniący prawa wynikające z systemu zabezpieczenia społecznego w okresie przemian ekonomiczno-społecznych","authors":"M. Wujczyk","doi":"10.25167/OSAP.1194","DOIUrl":"https://doi.org/10.25167/OSAP.1194","url":null,"abstract":"The article analyzes the rights in the area of social security resulting from the European Social Charter and the Revised European Social Charter. The study presents both standards resulting directly from the provisions of the above-mentioned treaties as well as requirements interpreted by the European Committee of Social Rights. Particular attention was paid to the guarantees of the social security system and protection of entitled persons in the event of the necessity to limit the level of granted benefits, especially in the event of an economic crisis.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47843829","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}
Cities and towns are of greater significance than a mere form of urbanization. They are centres of development and progress, accumulating the potential of industry and culture. The 19th century was the period of a dynamic development of cities and towns in Europe. It also saw flourishing of the middle-class and maturing of their views and system of values. Those processes involved towns on the territory of the Commonwealth of Poland, although on a very limited scale. This was a consequence of the exceptional situation after the Third Partition in 1795. The article analyses the position of towns in the policy of the government of the Kingdom of Poland (1815–1830).
{"title":"Miasta w polityce władz Królestwa Polskiego w latach 1815–1830","authors":"R. Kania","doi":"10.25167/osap.1209","DOIUrl":"https://doi.org/10.25167/osap.1209","url":null,"abstract":"Cities and towns are of greater significance than a mere form of urbanization. They are centres of development and progress, accumulating the potential of industry and culture. The 19th century was the period of a dynamic development of cities and towns in Europe. It also saw flourishing of the middle-class and maturing of their views and system of values. Those processes involved towns on the territory of the Commonwealth of Poland, although on a very limited scale. This was a consequence of the exceptional situation after the Third Partition in 1795. The article analyses the position of towns in the policy of the government of the Kingdom of Poland (1815–1830).","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45231321","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：