Protection of Payment Card Users with Relation to Innovative Security Systems
The article recounts the ongoing changes with regard to the legal definition of payment cards, alterations procured by the entrance into force of an amendment to the Payment Cards Act, dated 12 July 2013. Furthermore, the article expounds the principles of liability in connection with unauthorized transactions that are aimed at protecting the users of payment cards. The legislative direction adopted by the Polish lawmakers is in line with Directive 2007/64/EC pertaining to payment services within an internal market, which sets out to establish a framework for protecting funds accumulated on the clients’ accounts. Various innovative security systems being implemented on the payment card market are referred to in the last part of the article. It is submitted that the introduction of biometric and nanotechnology solutions in automatic identity verification processes may eventually lead to the elimination of payment cards in their physical form. However, these innovative solutions carry various risks. The underlying issue is associated with potentially unlawful breach of the constitutional right to privacy in cases where the identity of a person is verified automatically. For this reason, it is important to establish whether biometric data or nanoparticles containing information on payment card holders constitute personal data within the meaning of the Personal Data Act. Such analysis should include how both systems conduct the automatic personal identification process and the manner in which the personal data is gathered, processed and stored.

Załączniki:

Ungier.pdf

236 kB

The Claim for Damages in the Event of Stock Share Value Slump
This article attempts to answer the question whether a shareholder has a right to compensation in the event of a decline in share value resulting from any wrongdoing causing damage directly to the company. So defined research question induces discussion on two major conceptual grounds. On the one hand, broader analysis of principles governing liability in damages by virtue of the provisions of the Polish civil law shall be expounded. On the other hand, thorough consideration will be given to peculiarity of a shareholder’s stake and involvement in the company and the legal nature of shares as such. The aforementioned findings will have conclusively led to determine the question of whether a shareholder as a de facto victim is entitled to compensation for his own injury which in fact constitutes part of damage sustained by the company.

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Pannert.pdf

277 kB

Recent Changes in the Contemporary
Czech Private Law
The paper deals with latest changes in the contemporary Czech private law. Its
principal aim is to outline the reasons that led the Czech legislator to recodify
domestic private law. Then the author proceeds to introduce and examine sources
of inspiration for new legislation and to summarize and evaluate the most important
changes in the context of the general part of the code and absolute property
rights, with particular emphasis exerted on substantive law and law of succession,
which constitute the new Czech Civil Code.

Załączniki:

Dostalik_Horak.pdf

293 kB

Threats to the Institution of Adoption on Account of the Proposed Legislative Solutions for Infertility Treatment

The text cover the analysis of the legal proposals currently in draft on the infertility treatment. Considerations are carried out in the context of the institution of adoption. Underpinning the author’s analysis are the similarities of the proposed “embryo donation” to anonymous adoption. Legal regulation of the medically assisted procreation is currently non-existent under the Polish law. Whilst it is an important issue that necessitates legislative intervention, future regulations must take into account the principles which underlie family law. It is the author’s contention that the proposed provisions do not respect these rules in the field of child adoption. The inquiry concentrates on symptoms and conditions of both adoption and “embryo donation.” Particular attention is devoted to the welfare of the child and the means of actualization thereof envisaged by the programmes of adoption and “embryo donation”. Finally, possibilities regarding realization of one’s right to discover the genetic makeup of the child are vetted in detail.

Załączniki:

Haberko-4.pdf

257 kB