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2023
- Numer 2 (76)
Numer 2 (76)
Legal Instruments for Electricity Prices
The article sets the objectives of describing and systematising measures to influence the price of electricity in Poland after 2018. The article’s first part presents the reasons for the enactment of the law freezing electricity prices for 2019 which is followed by the discussion of its content, shortcomings and case law arising from the law’s execution. What is later presented focuses around the European response to the global energy crisis (2021–2023) as well as the Polish legislation mitigating the electricity prices. The last section outlines a typology of instruments mitigating the price of electricity from the most market-interfering to the most benign.
 1_Instrumenty prawe reguacko cen energii elektracznej.pdf | 526 kB |
Register of Contracts Concluded by the Units of Public Finance Sector and the Protection of Privacy and of Personal Data
Provisions providing for the creation of a central register of contracts with a value exceeding PLN 500, concluded by public finance sector entities, have been added to the Public Finance Act. The information contained in the register will be publicly available and the register will be searchable. The paper discusses the practice of making the register available before the introduction of this obligation, presents the assumptions of the draft amendment and changes made in the legislative process as well as analyzes the content of the new provisions. Numerous doubts related to the introduction of the contract register were indicated, including in particular problems with the protection of privacy and of personal data.
| 2_Rejestr umów zawartych przez jednostki sektora finansów publicznych.pdf | 413 kB |
Attempt to Define the Role and Place of Alternating Custody in the Polish Family Law
The article focuses on alternating custody as one of the acceptable forms of childcare by the divorced or separated parents in the system of Polish family law. Alternating custody system, introduced in 2015, has become a real turning point in the family law. Changes in the Polish legal order, already initiated in the Family and Guardianship Code of 1964, allow the transition from the judicial model, referred to as “leave – limit” parental authority to both parents, to solutions that allow the introduction of a real balance and equal treatment of parents holding joint and full parental responsibility. Such shift will open the way to predestinate custody of a child in alternating periods of time.
| 3_Piecza naprzemienna w systemie polskiego prawa rodzinnego.pdf | 535 kB |
Instruments for the Development of Civil Mediation in Light of the Documents of the European Commission for the Efficiency of Justice
The aim of the article is to analyse recent documents of the European Commission for the Efficiency of Justice (CEPEJ), which is a body of the Council of Europe, in terms of strategies that can be used to popularise alternative dispute resolution methods in Polish civil law. Special attention has been paid to the “Toolkit for the development of mediation” of 2018 and to the “European Handbook on Mediation Lawmaking” of 2019. The guidelines contained in CEPEJ documents may be used by public authorities and non-governmental organisations to organise pilot programmes in various institutions, as well as to exchange experience and develop good practices among judges, prosecutors, attorneys and mediators. Increasing the scope of application of mediation, in addition to raising legal awareness of citizens, may serve to improve the effectiveness of courts (reduction of the number of court cases, shortening of proceedings) and improve its social image.
| 4_Narzędzia rozwoju mediacji cywilnego w świetle dokumentów.pdf | 423 kB |
Origins and Meaning of the General Definition of Ownership in the Western Legal Tradition
The legal institution of ownership, despite its central place in private law system, saw the first attempt to formulate its definition relatively late – at the turn of the 11th and 12th centuries. The definition was not needed by the Romans, whose approach to law seemed to be characterized by the far-reaching pragmatism being in stark contrast to the more dogmatic medieval scholars’ way of thinking. The first attempts to formulate a comprehensive, positive definition of ownership can be attributed to glossators and conciliators. Their achievements were creatively developed by scholars from the school of legal humanism and the law of nature, but were rejected as inconsistent with Roman law by the pandectists, who promoted negative definition of property. Nowadays, for instance in the Polish Civil Code, a partial return to a positive definition of ownership can be observed.
The Origins of the Rules on Imputation of Payments in the Polish Law of Obligations
This article deals with the origins of the rules on imputation of payments in the Polish law of obligations. These rules apply to the situation when there exist more contracts of the same type of performance between the same parties, and the performance of the debtor does not allow the discharge of all obligations. The article focuses primarily on the regulation existing in the Polish Code of Obligations of 1933. The authors of this Code faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was a great opportunity to create original new solutions. The importance of the way in which the authors of the Polish Code of Obligations created it, can also be seen in the analyzed rules on imputation of payments. This article first outlines Roman solutions as a common benchmark for European codifications of the Civil Law; then those codifications and drafts which were relevant to the rules got adopted in the Polish Code of Obligations. Finally, the article is aimed to show to what extent the regulations of the Code of Obligations have influenced the rules in the Polish Civil Code of 1964.
| 6_Śródła regulacji zarachownia świadczenia w polskim prawie zobowiazań.pdf | 600 kB |
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.
