The Truth in Legal Regulation
of Defamation Crime

The article relates to a concept of truth in the light of the legal regulation of
defamation crime (Articles 212 and 213 of the Criminal Code). The author describes
two issues: firstly the problem of distinguishing by Polish courts facts from
opinions from the point of view of the concept of truth in defamation trials, and
secondly the problem of criminal liability for true statements on the basis of the
defamation crime regulation. In his deliberations the author uses judgments of
the European Court of Human Rights, decisions of Polish courts as well as main
thesis of the criminal law doctrine and some opinions present in the public debate
about the legitimacy of defamation crime. The author comes to the following
conclusions. As far as the first issue is concerned, the author takes the view that
Polish courts, in defamation trials, do not distinguish facts (which truthfulness
can be proved) from opinions (which truthfulness cannot be proved) and as for
all statements they require to prove their truthfulness. As far as the second issue
is concerned, the author takes the view that on the basis of the defamation crime
regulation, it is possible to make someone criminally liable for true statements,
which is harmful and should be changed.

Pobierz plik (13-2012 Lewandowski.pdf)13-2012 Lewandowski.pdf497 kB

Partial Rescission of a Contract in Case of Unfair Exploitation in Swiss Private Law
The project of a new Civil Code in Poland often refers to a foreign law in particular in respect of the partial rescission of a contract. In that case Swiss legal experiences may be helpful, because as well as in Poland there is no regulation of the above legal concept in Switzerland, whereas the issue has been developed in the Swiss jurisprudential pratice concept is based on a leading case of 1997 in which partial rescission of a contract due to unfair exploitation has been pronounced.
The Federal Court shared prevailing opinion of Swiss doctrine which noticed the analogy between partial rescission and partial nullity. Such a reference raises
questions about the factors that determine the extent of rescission. Swiss legal literature contains numerous considerations about the divisibility of a contract
and the role of the parties’ hypothetical will. These questions are to be posed at least when the project of a new Civil Code will be introduced into the Polish legal system. Therefore Swiss legal experiences in the field of defects in declaration of intent may be of certain practical value for the Polish legal system.

Pobierz plik (13-2012 grebniew.pdf)13-2012 grebniew.pdf396 kB

Partial Old Age Benefits for Insured
by Social Security Fund and by Peasants’
Social Security Fund

In the year 2012 it was decided to increase retirement age in Poland up to 67 year. Part of
that regulation was new institution – partial old age benefit for insured below the new
retirement age. Partial old age benefit was introduced for insured in ‘common’ system
(for employees) as well as in peasants separate system. However regulations related
to partial old age benefits in both systems are different. In case of peasants system,
the partial old age benefit is equal 50% of the old age benefit due in the retirement
age and the payment of the old age benefit has no influence into the level of the old
age benefit due in the retirement age, while in case of ‘common’ system the partial old
age benefit is lower than 50% of the old age benefit due in the retirement age, as only
part of the sources taken into consideration to calculate the old age benefit is taken
into consideration (assets saved in open pension funds and contributions registered on
special subaccount in Social Security Institute are omitted), as well as the payment of
the partial old age benefit reduces the level of the old age benefit due in the retirement
age. As there are significant differences between ‘common’ (Defined Contribution, PAYG
and capitalized) system and peasants one (Defined Benefit, PAYG), there is no reason for
creating incentives to use partial old age benefit in peasants system and the same time
disincentives in ‘common’ system. Based on that consideration it is justified to claim
that the regulations related to partial old age benefit are not in line with constitutional
rule of democratic state ruled by law and guaranties of equality before the law. As
there is vacatio legis period up to 1st January 2013, there is still time for corrections.

Pobierz plik (13-2012 Pelc.pdf)13-2012 Pelc.pdf231 kB

Higher Education Reform in Poland.
On the Intricacies of Legal Education in Poland in the
Context of Experiences in Other European Countries

The authors analyze selected aspects of the higher education reform from the
perspective of legal education. Dissimilar opinions concerning the aims of this
reform expressed by the interested parties serve as the starting point for the
discussion. These dissimilarities are most strongly evident with regard to the
views on the role and nature of legal studies. The above, according to the authors,
justifies taking a closer look at the intentions behind the higher education reform,
involving also legal education, from the perspective of observations of fundamental
significance. These observations concern the condition of legal education in
Poland, views on the nature of legal studies, hidden, but in fact significant purposes
of the reform, and finally, debates concerning the higher education reform
in the European Union. According to the authors, in Poland legal education is not
discussed in scientific terms. The authors suggest that the issue of the nature of
legal studies should be considered in the context of recognizing these studies,
along with their subjective and objective structure, as organized communicative
space that functions between theoretical and practical aspects of law, including
social ones. From this perspective, the authors reveal the sources of social
recognition for individuals performing various legal professions (comprehensive
knowledge concerning social relations and mechanisms of social interactions) and
academic teachers (public activity). The authors present models of legal education
in selected European Union countries that reform their education systems.
They also outline the idea of differentiation, a key concept for these reforms.
They criticize the manner in which this idea is present in Polish legal regulations.

Pobierz plik (13-2012 Sitek_Polaczuk.pdf)13-2012 Sitek_Polaczuk.pdf297 kB

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