Numer 4 (78)

Re-use of Research Data

This article evaluates the new EU regulatory policy concerning research data. To this end, it seeks to determine to what extent the demands of open science have been implemented by the EU and national legislators. The article examines the provisions of Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast) and those of the Polish Act of 11 August 2021 on open data and the re-use of public sector information.

Attachments:
Download this file (1_A.Piskorz-Ryń_FP78.pdf)1_A.Piskorz-Ryń_FP78.pdf408 kB

The ‘Neminem Laedere’ Principle and the Protection of an Individual’s Personality Rights

Polish and foreign case-law as well as legal doctrine sometimes present the opinion that in the law of torts a universally binding duty exists not to cause harm to others (the neminem laedere principle). Its breach is supposed to determine the wrongfulness of the tortfeasor’s behaviour. The purpose of the article is to analyse whether this principle may be applicable to the protection of personality rights. Due to different ways of understanding in jurisprudence what this principle consists of, the potential application of two concepts was considered. Firstly, if in the legal system there is a general norm of behaviour prohibiting the infringement of another individual’s personality rights. Secondly, if there is a general norm of behaviour not to cause others non-pecuniary damage (including immaterial harm – pain and suffering). The neminem laedere principle is not a general principle of Polish law and is also not applicable to the protection of personality rights. This principle can be regarded only as a moral imperative and a postulate for the harmonious coexistence of individuals in society rather than a legal duty.

Attachments:
Download this file (2_W.Borysiak_FP78.pdf)2_W.Borysiak_FP78.pdf811 kB

Protection of the Child’s Privacy with Regard to Their Conception with the Use of Assisted Reproductive Technology

This article deals with the legal assessment of the phenomenon of public disclosure by well-known people of information about the birth of their child conceived by assisted reproductive technology. The term privacy refers here to the disclosure to third parties and not to the child, and thus concerns external relations and not those within a family. The author analyses Art. 4 of the Polish Infertility Treatment Act which explicitly obliges to provide infertility treatment with respect for the right to private life. The author draws attention to the goals of the legal regulation which imposes on doctors the duty to find a matching donor on the basis of phenotypic data. The article also points out the legitimacy of establishing certain duties of parents with regard to the protection of their children’s right to privacy. Is a socially justified interest a premise excluding the illegality of the violation of the child’s privacy?

Attachments:
Download this file (3_A.Ogrodnik-Kalita_FP78.pdf)3_A.Ogrodnik-Kalita_FP78.pdf530 kB

Roman Law and John Locke’s Theory of Property

Although John Locke was brought up in the common law tradition, he formulated his theory of property based on the conceptual framework of Roman law and its catalogue of legal problems. Locke was interested in the pre-political origins of property in natural law. His position, although coinciding with some intuitions of Roman jurists, is not confirmed by the probable genesis of Roman property which stems from the political community. The most characteristic feature of John Locke’s doctrine on property is the recognition of work as a source of property. Roman was much more closely related to possession than to work. John Locke’s theory of acquisition of ownership is a characteristic example of the early modern period when the factual criteria were rejected in favour of economic ones. John Locke treated ownership as a legitimate reward for work. For the Romans ownership was above all part of the world in which they lived.

Attachments:
Download this file (4_M.Nocuń_FP78.pdf)4_M.Nocuń_FP78.pdf589 kB

Commentary on the Resolution of the Polish Supreme Court Dated 20 April 2023 (III CZP 122/22)

In its resolution of 20 April 2023, the Polish Supreme Court for the first time unequivocally ruled on the scope of the State Treasury’s succession in the case of entities struck off the National Court Register (NCR). The Supreme Court correctly determined that the State Treasury is the general legal successor of entities struck off the NCR and that this succession includes not only its assumption of the rights but also of the obligations of those entities, with the State Treasury’s liability for the liabilities acquired after the legal predecessor being limited to the property acquired after that predecessor. This, in turn, led the Supreme Court to the final (equally well-founded) conclusion that a creditor of an entity struck off the NCR who asserts his claim against the new debtor, i.e. the State Treasury, is not required to prove the acquisition by the State Treasury of the property of the entity struck off the NCR resulting in the State Treasury’s liability for the acquired liabilities because the determination of the property from which the creditor may obtain satisfaction occurs at the stage of enforcement proceedings.

Attachments:
Download this file (5_J.Zawadzka_FP78.pdf)5_J.Zawadzka_FP78.pdf416 kB

The Sum of All Hopes. A New Textbook on Roman Law

The article presents a book review of a recently published handbook of Roman law in Tübingen. The reviewer focuses on the concept adopted by the authors of the textbook, its systematics and the methodology of the work. The article concludes with an observation that the authors should rethink what Roman law can offer to the world today so as not to cease to exist.

Attachments:
Download this file (6_A.Grbieniow_FP78.pdf)6_A.Grbieniow_FP78.pdf447 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.

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