Numer 5 (79)

Audiovisual Content Labelling as a Method of Protecting Minors from Inappropriate Video Content on the Internet in Poland

This article examines the rules governing the qualification and labelling of online content or other online transmissions. The labelling of these videos is used as a method of protecting minors from content that may endanger their personal well-being. A new legislative amendment in this area was made in 2022 in order to adapt the legal solutions to the current needs. The analysis presented in the article aims to evaluate these changes.

Download this file (1_M.Wyrwinski_FP79.pdf)1_M.Wyrwinski_FP79.pdf498 kB

„The Compulsory Arbitration” – an Ambivalent Construction or a Response to the Needs and Complexity of Modern Reality

The aim of the article is to present the most important moments in a development of the institution of the compulsory arbitration, for which the starting point was and still is a voluntary arbitration. For this purpose the selected features of the institution of arbitration are discussed – the features which have appeared in the historical development of this institution, in order to discuss in detail the compulsory arbitration as a non-obvious exception of this institution, in particular on example of the Polish legal solutions concerning consumers and the clients of airlines. The introduction of this sort of arbitration has been decided by the legislator, probably in connection with the need to ensure a “better” protection of particular goods. The authors answer to the questions about the role of compulsory arbitration in the 21st century, especially in times of the current institutional crisis. Is it, in the opinion of the law-making authority, a kind of remedy for the weaknesses of traditional courts and even the amicable proceedings? Or: Is it merely a more efficient way of an amical way of resolving conflicts? They ask about the purpose of the compulsory arbitration – a way of proceeding which “forced” the parties to seek of a resolution of a dispute in a certain way, as well as the very legal meaning of this “coercion” of the parties to certain actions.

Students in the Internet of Things: Remarks on Their Cybersecurity

The article seeks to answer the question whether the current norms of Polish civil law provide effective mechanisms for protecting the rights of students as users of Internet of Things products/devices. Hence, in addition to explaining basic concepts such as the Internet of Things or cybersecurity, the paper provides an exegesis of legally relevant norms of the Polish Civil Code, including in particular provisions on liability for a dangerous product or the possibility for the student to assert his/her claims under the warranty for defects of Internet of Things products/ devices. The analysis identifies various legislative shortcomings, the recognition of which is the first step towards formulating postulates de lege ferenda.

Download this file (3_K.Biczysko-Pudełko_FP79.pdf)3_K.Biczysko-Pudełko_FP79.pdf602 kB

The Swedish and Polish Models of Administrative Court Proceedings: a Comparative Legal Analysis

The article juxtaposes two models of proceedings before administrative courts: the Swedish one and the Polish one. The aim of the article is to answer the question whether Swedish legal regulation may inspire the Polish legislator in a possible amendment of the law on proceedings before administrative courts. The first part of the article analyses Swedish proceedings before administrative courts. This model is characterized by an extensive organisational structure, a wide scope of cases, the evidence proceedings, as well as the possibility to amend an appealed decision. The second part of the article is devoted to Polish regulation. It points out the two-tier nature of administrative judiciary, the limited possibilities of conducting evidence proceedings and the cassation model of jurisprudence. In his conclusions, the author finds interesting the possibility of broadening the scope of evidence proceedings and the possibility of structural expansion of administrative courts in Poland.

Download this file (4_A.Paduch_FP79.pdf)4_A.Paduch_FP79.pdf557 kB

Fulfillment of an Obligation to the Person who Bears a Receipt Issued by the Creditor: Origins of the Regulation in Polish law

This article deals with the origins of the Polish regulation on fulfilling an obligation to the person bearing a receipt issued by the creditor. The article focuses primarily on the regulation set forth in the Polish Code of Obligations of 1933 and its impact on the Polish Civil Code of 1964. The authors of the Code of Obligations 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 for them to introduce new, original solutions. The importance of the way in which the authors of the Polish Code of Obligations addressed this issue can also be seen in the analyzed rules on the fulfillment of an obligation to the person bearing a receipt issued by the creditor. This article first presents the origins of this legal construction in the first German Commercial Code (Allgemeines Handelsgesetzbuch of 1861) and then looks at codifications and drafts which were relevant to the provisions adopted in the Polish Code of Obligations. Finally, the article seeks to demonstrate to what extent the regulations of the Code of Obligations have influenced the provisions of the Polish Civil Code of 1964.

Download this file (5_I.Adamczyk_FP79.pdf)5_I.Adamczyk_FP79.pdf487 kB

The Way of Adopting the Decree on Foundations and on the Approval of Donations and Legacies of 1919

The article concerns the meaning of the decree on foundations and on the approval of donations and legacies from 7 February 1919, in the context of the development of Polish foundation law. During the Second Polish Republic it was in force in the central voivodships – the area of the former Polish Kingdom – and from 1923, also in the eastern voivodships. The study covers how the legislative work at adopting the decree was conducted and how foundations obtained legal personality, including an analysis of the requirements for the contents of the foundation’s deed that were necessary in order to establish a foundation. Further, the significance of the foundation’s statute is presented, along with the powers and responsibilities of the bodies whose decisions resulted in foundations obtaining legal personality. The article also presents the characteristics of the register of foundations and illustrates how foundations functioned during the Second Polish Republic. The study includes also the answer to the question whether the legislative solutions adopted in the decree on foundations and on the approval of donations and legacies from 7 February 1919 can be useful for the contemporary legislator during the reform of Polish foundation law.

Download this file (6_A.Strzebinczyk_FP79.pdf)6_A.Strzebinczyk_FP79.pdf603 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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