Pobierz plik (Konarska.pdf)Konarska.pdf306 kB

Education of Disabled People according to the Current Polish Law

Nowadays, there is no clear definition of disability. It is said that disability is a multi-layered concept in that it entails not only physical incapacitation but also serious social handicap, preventing disabled people from functioning properly. In fact, albeit that it is commonly acknowledged that they shall be granted equal rights to non-disabled people, disabled still must cope with many barriers. The right to education is classified as a core human right, that is why it is crucial to give people with disabilities open  access to education. At present, disabled children may be provided education through two distinct modes. The original philosophy stems from an idea that disabled should be educated separately, in special schools. The alternative is an inclusive education system in which disabled and non-disabled children share the same school. It is submitted that only inclusive education is able to provide high quality service to disabled and rid any remnants of discrimination from the social scene. Unfortunately, despite extensive legal regulation in this field disabled people as a whole still suffer from a standard of education that falls below par, a detriment which may translate to lowering their professional and social prospects, and ultimately, the quality of their lives.

Pobierz plik (Ferenz.pdf)Ferenz.pdf308 kB

Propriety of Prosecution of Rape in the Context of Constitutional Guarantees

The paper sets out to discuss the amendment to the penal code dated 13 June 2013 against the backdrop of constitutional guarantees. The amendment has changed the prosecution procedure of the statutory offence of rape by no longer treating institution of the relevant criminal proceedings as contingent upon the victim filing an official complaint. This study concerns the issue of a clash between the common good (common sexual liberty) and individual interests of the victim (personal liberty and right to privacy). The author conducts an assessment of the new regulations in the context of the constitutional principle of proportionality.

Pobierz plik (Rudnicki.pdf)Rudnicki.pdf342 kB

Where to Find Ownerless Things, or What the Civil Code is for?

Contemporary Polish provisions concerning appropriation – art. 180 and 181 of the Civil Code – are very closely based on the Roman law. The one, but crucial, deviation is the narrowing of the category of ownerless things. In the historical process many types of things that could be appropriated by the ancient Romans, such as war bounties or wild game, were excluded from that tier. Today the category of ownerless things is virtually empty inasmuch as significant representatives thereof are meteorites, ambers and garbage. However, in many jurisdictions around the world the ownership of meteorites is separately regulated, and this legislative tendency is embodied in the European Union’s waste directive, which calls into question the ownerless statute of garbage. Academics embroiled in research of these issues tend to look for answers in the specific provisions in the first place, using the Civil Code almost as an all-encompassing source of law. It is these examples and tendencies that demonstrate how far the decodification of the civil law has proceeded. The Civil Code provisions in issue, although originally meant to be sufficient to determine whether a thing can be appropriated or not, in fact have reached a point of being almost utterly absolved of its normative content. It appears that notwithstanding the generic character of the dispute pertaining to the acquisition of property it is inevitable to lead evidence and seek answers outside the code.

Pobierz plik (Lihong_Zhang.pdf)Lihong_Zhang.pdf359 kB

Comparative Law in China

The Chinese defeat in the 1840 Sino-British Opium War led to the publication and diffusion of many Western books in China. More and more Chinese people realised that the prosperity of the West was not only based on its military power, but also on its advanced political and legal system. As a result, the Chinese began realising the importance of study of foreign laws and comparative implications thereof with Chinese law. The 1911 Revolution put an end to the 2000 years of feudal rule. The period between 1911 and 1949 saw a development of comparative law of which the main peculiarity was a strong objective to model of the Western capitalist countries. Legal research and study on comparative law in this period made an important progress and contributed significantly to the modernization of modern Chinese law. Between 1949 to the early 1960s the development of comparative law was constrained. The Cultural Revolution was dominated by the prevalence of legal nihilism, resulting in a halt to all legal study and research. Starting from 1990s the Chinese legislature has moved, first tentatively, then comprehensively, to espouse successful foreign legislative experiences. Current comparative legal research and development in Mainland China has undergone great progress and contributed significantly to the modernization of the Chinese legal system, but it still falls behind in comparison to other countries since it is still difficult for Chinese scholars to have access to first-hand, unprocessed materials and information.