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2023
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Numer 1 (75)
Axiological and Ideological Justification of the Institution of Ownership of Premises
Ownership of premises is one of the fundamental real rights in contemporary Polish legal system. A thorough query shows that lawyers do not devote much attention to the issue of its axiology, focusing essentially on a dogmatic analysis of legal provisions. In the interwar period, it was primarily pointed out that the ownership of premises was to serve housing cooperatives. In the times of the People’s Republic of Poland, when the possibility of establishing separate ownership of premises was very limited, some authors tried to promote the institution as an additional remedy for housing problems. Finally, with the transformation towards a capitalist economy, the ownership of premises was recognised, often not precisely, as a market mechanism. Only two authors – Zygmunt Fenichel in the 1930s and Zbigniew Radwanski in the 1960s – unequivocally indicated that the purpose of the institution of ownership of premises is to popularise ownership. They linked it with the idea of social solidarity. This view should be considered correct; ownership of premises was meant to be a tool to popularise ownership of real estate among vast social groups and it contradicts a typical, capitalist model of tenement house. However, the current state of affairs, particularly the changing market function of ownership of premises, raise the question whether this axiological goal is still being met.
Can We Take Patient’s Life because of its “Low Quality”? Comments on the jurisprudence of the European Court of Human Rights
The subject of the article is the issue of legal protection of the life of patients in a state of minimal consciousness, in a vegetative state or other form of serious health condition. The analyses the problem from the point of view of three highprofile court cases involving the termination of treatment of Vincent Lambert, Charlie Gard and Alfie Evans.
Abuse of Procedural Right in Civil and Administrative Court Proceedings
The article concerns abuse of procedural right by parties in civil and administrative court proceedings. The reason for taking up this topic was the changes introduced in Polish civil proceedings to prevent abuse of procedural right. The analysis of new provisions and case law allowed to formulate the thesis that the introduced changes in civil proceedings to prevent abuse of procedural right in the scope of applications for the exclusion of a judge, application for the right to assistance and complaints against court’s decisions should be assessed positively. Consequently, it should also be postulated to implement similar provisions in administrative court proceedings.
Dual Legal Regime of “Electronic Deliveries” in Administrative Jurisdiction
The article analyses the specific phenomenon of the duality of electronic delivery procedures in Poland. This phenomenon occurred as a consequence of an amendment to the Code of Administrative Procedure. This state of matter is a consequence of the sequential model of implementing the new delivery procedure in Poland.
Scope of Appeal against Refusal to Make Extracts or Copies of Files in Preparatory Proceedings
The term “providing access to files” in the article 159 of the Polish Code of Civil Procedure has blank character, referring to the regulations stipulating the rights and obligations related to the provision of files in the preparatory proceedings. Therefore, the meaning of this term should be decoded in reference to other regulations. It was shown that terms “providing access to files”, “making excerpts or copies” and “issuing certified excerpts or copies” in the article 156 § 5 constitute arguments of conjunction, as a result of which a procedural decision must be of the same type (positive or negative) and must cover all parts of the conjunction together. It was also proved that making the files available in such a way that a party could record their contents is supported by functional interpretation and guarantees under the right of defense.
Critical Gloss to the Judgement of the Supreme Administrative Court (NSA) from 28 November 2017, II FSK 3245/15. Report on Destination of the Donation to Charity and Care Activities
Legal entities of the Catholic Church and other churches with their own laws have the right to obtain funds from unlimited tax deductions for charitable activities. The statutory condition for the effectiveness of such a deduction is the presentation of a report on “the destiny of the donation”. Mentioned term used by legislator has no legal definition. According to the Supreme Administrative Court (NSA), it is a report on the actual spending of donation. Thus, the court creates a dangerous judicial definition. It is also problematic demanding a personal identification of recipients of aid by tax authorities.
W latach 2022-2024 czasopismo Forum Prawnicze finansowane jest w ramach projektu Rozwój czasopism naukowych ze środków Ministerstwa Edukacji i Nauki na podstawie umowy nr RCN/SN/0611/2021/1. Łączna kwota wsparcia ze środków Ministerialnych wynosi 28 000 PLN. Celem pozyskania Funduszy przez Forum Prawnicze jest podniesienie poziomu praktyk wydawniczych i edytorskich, zwiększenie wpływu czasopisma na rozwój nauki oraz utrzymania się czasopisma w międzynarodowym obiegu naukowym.
