Consequences of the 1944 Decree to Landowners and the Modern Notion of the State of Law

The article continues to analyze present constitutional and civil law consequences of communist decrees 1944–45 for landowners. The author suggests that the landowners and their heirs should use civil procedure for seeking restitution as they should vindicate movables and real estates. The practice of the agrarian reform in Poland after World War II often violated the law binding at that time, especially when seizing mansions and parks, and the property placed there. The author is convinced there is no important reason not to control constitutionality of the regulations today, i.e. not according to ‘constitutional standards’ of the after-war communist period, but under the democratic rule of 70 years later. There is, however, no doubt that the acquisition of land by peasants was legal at the time of the reform. Now, their ownership cannot be questioned and it has to be considered legitimate.

Pobierz plik (Tracz.pdf)Tracz.pdf555 kB

Towards a Change in Paradigm of International Investment Agreements

The article addresses the problem of profound changes in international investment law that currently occur. One-sided development of this branch of international law has met considerable criticism from non-governmental organizations and numerous academic writers. Initiated reforms, discussed in the article, cover the relate to right to regulate, and changes in the substantive as well as procedural rights of investors with particular focus on correcting deficiencies of the ad-hoc arbitration mechanism. Conclusions indicate that the process of change that we witness can be considered as gradual recalibration of the paradigm of international investment agreements, which sets out to embody, to greater extent than before, values such as protection of human rights or environment.

Pobierz plik (Kulaga.pdf)Kulaga.pdf416 kB

Liability of a per vindicationem Legatee for Testamentary Debts – Questions of Construction

The article focuses on liability of a specific legatee for testamentary debts. Such a per vindicationem legatee, contrary to an heir, does not take over testamentary debts, however she is liable for them pursuant to Articles 10341–10343 of the Polish Civil Code. A majority of academics accepts that a beneficiary of a bequest in question is indeed liable for debts attributable to third parties, i.e. the heir. The author doubts about it arguing that testamentary debts constitute in fact debts of the specific legatee who is liable for them jointly and severally with the heir.

Pobierz plik (Zok.pdf)Zok.pdf496 kB

Definitions and Construction of Concepts in Administrative Law. The Case of Investment Trials

Administrative law regulates a myriad of aspects of social life, some of which are highly specialized. One example is investment trials, where a high level of specialization necessitates the use of precise language. It is against this background that legal definitions are emboldened in their role and importance. The article reviews of definitions in administrative law and concludes that they are neither sufficiently coherent nor accurate. Two groups of issues may be pointed to. First, in many instances the legislator, by treating a given definition as fundamental to a given fragment of social life, unwarrantedly broadens its systemic scope, a doubtful mechanism. Second, it is uncertain whether local administrative authorities are empowered to independently define concepts.

Pobierz plik (Firlus_Ozimek.pdf)Firlus_Ozimek.pdf541 kB

Comments on the Judgment of the Polish Supreme Court of 25 August 2015, II PK 214/14

The judgment of the Supreme Court of 25 August 2015, II PK 214/14, confirmed the notion – previously expressed by judges – that decisions made by an employer without consultation with a relevant trade union are not voidable where such a union failed to submit a trimonthly report on the number of its members. The Court also held that if an employer seeks to rely on such a failure (pursuant to the Act on trade unions) to dispute the union’s authority despite earlier acknowledgment thereof, such an action shall be examined through the prism of socio-economic purpose of the right. It is the opinion of the author that whilst the first view is to be assessed positively, the other seems not to be grounded in the current state of the law.

Pobierz plik (Witkowski.pdf)Witkowski.pdf283 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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