52-2019.pdf

https://doi.org/10.32082/fp.v2i52

Perspectives on Development of Civil Liability for Intelligent Robots

Robots are one of important symbols of the technological revolution of the turn of the 20th and 21st centuries. The article focuses on the analysis of the basis of civil liability for damage caused by intelligent robots, with particular emphasis on the Council Directive 85/37 of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States regarding liability for defective products. The analysis of the creative case-law of the Court of Justice of the European Union shows that the directive provides a sufficient basis for attributing responsibility for intelligent robots.

https://doi.org/10.32082/fp.v2i52.200 

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Pobierz plik (1 Bosek.pdf)1 Bosek.pdf312 kB

The Durability of Marriage in the Light of International Standards and Case Law of the European Court of Human Rights

The durability is not precisely mentioned as a features of marriage in international regulations but it results from the nature and purpose of this legal relationship. The analysis of the case law of the European Court of Human Rights in the context of the permanence of marriage lead to following conclusions. First, none of the provisions of the European Convention on Human Rights and Fundamental Freedoms, including Article 8 and 12, does not guarantee the right to divorce and this solution was precisely deliberated by the member states. Second, states have the power to regulate the provisions and the procedure concerning divorce in a manner that is appropriate to their cultural and ideological conditions, with respect of the principle of durability of marriage. The termination of marriage that depends on a permanent and complete breakdown of married life and on the consent of an innocent spouse does not, therefore, constitute a violation of the Convention. However, an unjustified extension of the divorce procedure resulting from circumstances attributable to the authorities were found to be inconsistent with the provisions of the Convention. In addition, the Article 12 of the Convention provides for the right to remarry for persons whose previous marriage was dissolved by divorce under national law. The article presents also recent propositions prepared by the European Commission of Family Law concerning liberalization of divorce law published in the Model Family Code.

https://doi.org/10.32082/fp.v2i52.221

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Pobierz plik (2 Laczkowska-Porawska.pdf)2 Laczkowska-Porawska.pdf267 kB

Withdrawal from a Distance Contract for Insurance Coverage

The multi-stakeholder nature of group insurance contracts triggers various types of connections between the actors in this legal relationship. This is best illustrated by the contract for insurance coverage, which is a separate agreement transacted between the insured and policyholder, but intrinsically linked with group insurance. The aim of this article is to discuss the selected aspects of contracts for insurance coverage. Particular emphasis is put on the insured’s right to withdraw from the contract if it was concluded by means of distance communication. The considerations in this respect include examples deriving from case-law practice, i.e. the decision of the President of the Office of Competition and Consumer Protection No. DDK-2/2014 of 16 October 2014 and the judgment of the Court of Competition and Consumer Protection (SOKiK) of 18 May 2018, reference number Act. XVII AmA 4/15 dismissing an appeal against the abovementioned decision.

https://doi.org/10.32082/fp.v2i52.184

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Pobierz plik (3 Szwarczynska.pdf)3 Szwarczynska.pdf310 kB

Alternative Dispute Resolutions in the World of Sport on the Example of the Conciliation Court in Lausanne

This work presents the most important legal issues related to dispute resolution on the sports level. The author, recalling the procedure connected with world’s most important sports court, intends to show the significant advantages of the arbitration procedure, which is a reformative way of resolving all antagonisms that bind entities involved in the fields of physical activity. The aim of the work is to show legal problems on the part of a person interested in the world of sport. The work uses monographic and comparative methods, which allowed for a meticulous presentation of current formal and legal problems. The analysis carried out as part of the following work shows that the existence of an independent conciliation court dealing with sporting matters is necessary to be able to keep the area of sports competition away from the sphere of influence of people whose one goal is to use sport as an important field to expand their own negative interests all entourage. Through the functioning of specialized legal forms and institutions that will watch over their observance, it is possible to create from professional physical activity matter that brings legal and fair values that can shape young generations for whom clean and healthy competition will become a priority.

https://doi.org/10.32082/fp.v2i52.204

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Pobierz plik (4 Tartak.pdf)4 Tartak.pdf371 kB

Deprivation of Orders and Distinctions by the President of the Republic of Poland

The article focuses on the order and distinction deprivation procedure executed by the President of the Republic of Poland. The Author considers the function and legal nature thereof, a possibility of judicial review and results caused thereby. The research carried out indicates that the analysed competence of the President of the Republic of Poland shall be a manifestation of fulfillment of the state supreme representative’s function, whereas the performance thereof shall not constitute activity in the scope of public administration. It serves mostly to protect the honour of the orders and distinctions as well as – to some extend – it may also play a preventive and repressive role. A material portion of the research carried out shall concern a possibility of judicial review of a decision made by the President on order or distinction deprivation. The Author opposes the opinion of the majority of scholars that the review shall be excluded. Moreover, the Author indicates that such a statement is in contrary to the constitutional guarantees concerning the protection of acquired rights, the right to a fair trial as well as the right to protect honour and good name.

https://doi.org/10.32082/fp.v2i52.207

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Pobierz plik (5 Radajewski.pdf)5 Radajewski.pdf289 kB

By-products from the Combustion as Hazardous Waste New Legal Solution

The article is an attempt to analyse legal solution in the area of hazardous waste (ash, slags), especially the way of changing of waste classification and the possibility of using them as side products.

https://doi.org/10.32082/fp.v2i52.248

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Pobierz plik (6 Modrzejewski.pdf)6 Modrzejewski.pdf303 kB

An Approving Commentary to the Sentence of the Constitutional Tribunal of 7.03.2018, ref. K 2/17

The subject of this gloss is a landmark ruling of the Constitutional Tribunal (CK) regarding one of the institutions of antiquity – preclusion. These issues in Polish administrative law are still controversial, and the views often differ significantly. The voted judgment deserves attention because it has not been explicitly stated in Polish jurisprudence for a long time that the rules in force in civil (general) law cannot be directly applied in public (special) law. CK argues that the justification of the institution of antiquity cannot be identical in public law as in private law, because the legal relations are vertical in the first and horizontal in the second. The indicated inequality of participants in the legal relationship and the possession of a professional clerical apparatus caring for the interests of the State, including property, means that the classic justification of the institution of antiquity, in particular the stabilizing and evidentiary function, are not a sufficient justification for using the preclusion. This is all the more justified when public law interference in property rights occurs without due warranty rights.

https://doi.org/10.32082/fp.v2i52.214

Załączniki:
Pobierz plik (7 Pawlowski.pdf)7 Pawlowski.pdf291 kB
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