The article focuses on the main similarities and differences regarding the concept of the penalty clause and the manner in which it is exercised in the Polish and Spanish legal systems. The aim is to conduct an analysis of selected issues relating to penalty clauses (contractual penalties), in particular their characteristics, the relationship between the claim for payment of contractual penalty and the occurrence of damage, as well as establishing a contractual penalty for withdrawal from a contract. The views of representatives of the judiciary and the role of the judge in shaping the concept of the penalty clause in both jurisdictions, in particular as regards moderation of contractual penalties, will also be analyzed.
{"title":"The Concept of the Penalty Clause in Polish and Spanish Law – A Comparison","authors":"Katarzyna Laszczynowska","doi":"10.12775/CLR.2018.007","DOIUrl":"https://doi.org/10.12775/CLR.2018.007","url":null,"abstract":"The article focuses on the main similarities and differences regarding the concept of the penalty clause and the manner in which it is exercised in the Polish and Spanish legal systems. The aim is to conduct an analysis of selected issues relating to penalty clauses (contractual penalties), in particular their characteristics, the relationship between the claim for payment of contractual penalty and the occurrence of damage, as well as establishing a contractual penalty for withdrawal from a contract. The views of representatives of the judiciary and the role of the judge in shaping the concept of the penalty clause in both jurisdictions, in particular as regards moderation of contractual penalties, will also be analyzed.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44109139","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}
Chilean laws provide adequate public access to environmental information, but also provide exemptions from disclosure. The impairment and the trade secret exemptions can hinder transparency and public input when required in environmental-related adjudication and rule-making proceedings. Even they may be misused to avoid blame, therefore information not covered by these exemptions, yet sensitive for any reason, may be unduly withheld. While there is a public transparency watchdog, the Council for Transparency, issues regarding public access to information in environmental-related adjudication and rule-making proceedings can be reviewed by the Environmental Courts. This Article outlines some aspects of the Chilean general transparency and administrative procedures, and the environmental transparency rules, as related to public input in environmental adjudication and rule-making proceedings. Then it shows how the Judiciary has fought “the right to be ignorant”.
{"title":"The Role of the Judiciary Fighting “The Right to Be Ignorant” in Environmental Administrative Proceedings in Chile","authors":"José A. Hernandez-Riera","doi":"10.12775/CLR.2018.001","DOIUrl":"https://doi.org/10.12775/CLR.2018.001","url":null,"abstract":"Chilean laws provide adequate public access to environmental information, but also provide exemptions from disclosure. The impairment and the trade secret exemptions can hinder transparency and public input when required in environmental-related adjudication and rule-making proceedings. Even they may be misused to avoid blame, therefore information not covered by these exemptions, yet sensitive for any reason, may be unduly withheld. While there is a public transparency watchdog, the Council for Transparency, issues regarding public access to information in environmental-related adjudication and rule-making proceedings can be reviewed by the Environmental Courts. This Article outlines some aspects of the Chilean general transparency and administrative procedures, and the environmental transparency rules, as related to public input in environmental adjudication and rule-making proceedings. Then it shows how the Judiciary has fought “the right to be ignorant”.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49559550","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 discusses the origins, contents and application of the EU Regulation 2016/ 1103 governing the issues of applicable law and court jurisdiction in relation to spouses’ property. The author examines the problem cross-border marriages in the EU and the potential applicability of the Regulation to Polish citizen, given that 10 EU Member States, including Poland, have not acceded to that Regulation.
{"title":"New EU Matrimonial Property Law and the Situation of Polish Nationals (Citizens)","authors":"M. Sokołowski","doi":"10.12775/CLR.2018.012","DOIUrl":"https://doi.org/10.12775/CLR.2018.012","url":null,"abstract":"The article discusses the origins, contents and application of the EU Regulation 2016/ 1103 governing the issues of applicable law and court jurisdiction in relation to spouses’ property. The author examines the problem cross-border marriages in the EU and the potential applicability of the Regulation to Polish citizen, given that 10 EU Member States, including Poland, have not acceded to that Regulation.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47058585","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：