An Economic Analysis of Restrictions
Exacted on Hearings in Civil Procedure

The paper purports to outline an economic analysis of limitations inherent in
hearings in Polish civil procedure. The point in issue is embodied by Article 220
of the Polish Code of Civil Procedure (hereinafter referred to as “the CCP”). Whilst
the Article in question has not been amended since 1964, when it was contained
within the original wording of the CCP, due to the constant development of the
methodology of law, the meaning and ramifications thereof have steadily evolved
and at present it may be vetted from a distinct angle. The main objective of this
paper is to analyze the economic consequences besetting hearings in the Polish
civil procedure. In order to achieve this goal, not only is it necessary to set forth
the basis of the economic analysis of law but also to give a brief account of
doctrinal reflections on Article 220 CCP. The paper leads to the conclusion that
the limitations levied on hearings constitute an extremely useful institution of
law, which enhances the economy thereof. It can render the proceedings more
expeditious and reduce their social costs, resulting in a more efficient allocation
of the resources of all parties to the proceedings. Conversely, in case an erroneous
decision is made by the court pertaining to the limitations of the hearing,
significant costs may be so incurred. Therefore the court`s decision in this matter
can be considered as rational from the economic point of view provided the
judgment promulgated during a limited trial coincides with the judgment which
would have been reached on a full hearing.

Download this file (Sobota.pdf)Sobota.pdf187 kB

The Issues Underpinning Graphical
Representation of an Olfactory Trademark

The aim of this paper is to question a number of aspects concerning emergence of
non-conventional trademarks, with a particular emphasis on an olfactory trademark
and the related problems with registration thereof. The first part follows
the legislation that regulates the scope of the trademarks as well as presents a
comprehensively critical review of the relevant cases from the UK and the EU
purviews. Then, the author proceeds to dealing with a handful of varieties in
which an olfactory trademark may be graphically represented. In addition, to
enhance the understanding of the perception of scents and legal ramifications
stemming therefrom, some remarks concerning the way in which human olfactory
organs register smells adduced. Subsequently, substantive amendments to the
EU trademark law soon to be promulgated are then elucidated, together with
plausible, inexplicably conjoined influence thereof on the viability of pursuing
registration of an olfactory trademark. In the conclusion, the author chooses the
most valuable method of representation of an olfactory trademark, followed by
an elaborate justification.

Download this file (Wiszniewska.pdf)Wiszniewska.pdf223 kB

Judicial Independence vs Depletion
of Ego. Study of Legal and Psychological

It is judicial independence which is one of the most important constitutional principles
envisaged to ensure the proper functioning of the judiciary, and thus the
entire political and legal system. Studies of judicial decision-making conducted
by psychologists suggest that judicial independence may be compromised not
only by external pressures, but also by the influence of unconscious, internal
factors over which judges have no control. It is submitted that the phenomenon
of depletion of ego among judiciary plays a special role, as its negative impact
on the decision of judges has been observed against the backdrop of decisions
centered around the theme of premature release from prison. The principle of
judicial independence, on account of its significance, obliges all public authorities
to provide the best conditions for its implementation and protection. Therefore, it
is not unreasonable to impute a duty on the authorities and officials to neutralize
the potentially harmful impact of internal threats plausible to be identified
during the course of decision making.

Download this file (Zyzik.pdf)Zyzik.pdf235 kB

Through the Roman Law
above the Comparative Law

The title of the paper is a paraphrase of Jhering’s sentence “Through the Roman
law but above the Roman law”. Putting this statement into the context of Savigny’s
and Windscheid’s opinions on the future role of the Roman law the author has
explained the Jhering’s dictum as an expression of the realistic approach to the
workability of the Roman law for the jurisprudence. Essential for bringing about
the aforementioned workability is – according to the author – the link between
Roman law and legal methods. In this perspective the author discussed waning authority
of Roman law at the faculties of law and little success of recent proposals
to bring Roman law and comparative law closer. The main message of the paper is
that Roman law can be useful for modern jurisprudence if we revive the tie between
Roman law and legal methods, a connection which, as it is submitted it may be
reasonably argued, may be revived due to significant potential of comparative reasoning
for judicial practice in the time of globalization. The crux of any formative
steps to that end shall be forging changes in legal education, which predominant
focus should be rested upon legal problems. Inasmuch as systematic digitalization
of these problems, subject to initial detection and centuries-long discussion
within the civil law tradition, and assimilation of modern judgments from different
jurisdictions can be put together in a uniform database, these developments are
capable of bringing this legal experience closer to the practical legal debates.

Download this file (Dajczak-3.pdf)Dajczak-3.pdf228 kB

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