Medical law is subject to various approaches and definitions in the jurisprudence. It can be derived from the complexity of the matter, as well as its considerable novelty. Methods applied to define medical law stem from various jurisprudential convictions. This article turns attention to such basic problems of defining medical law as ratione materiae of the regulation, social structure underpinning regulation, and theoretical approaches (conceptual approach to law system, derivative concept of interpretation) to building a law system.

10.32082/fp.v5i55.285

Załączniki:
Pobierz plik (Gorski.pdf)Gorski.pdf276 kB

The author presents trends in modern legal discussion on prescription. He suggests that the trends are defined by three basic issues. The first question is on relevance of prescription in the 21st century. The second issue concerns the future of the legal institution and the scope of its application in the new reality, i.e. determined by technological changes. The third makes us discuss whether we deal with a single legal construct or with many institutions covered for historical reasons by the same name. The article discusses the judgment of the European Court of Human Rights in case JA Pye (Oxford) Ltd v. The United Kingdom, opinions of lawyers in common law countries, specialists in continental law, mixed jurisdiction, and legal systems of Asian states. The author suggests significant importance of technological changes, including technologies based on blockchain and the Internet of Things. He discusses in detail the shape of legal regulations regarding prescription in Louisiana (USA) and the province of Quebec (Canada). Finally, he refers to the Roman legal tradition as the best tertium comparationis for discussions on prescription in any major legal orders of the world.

10.32082/fp.v5i55.263

Załączniki:
Pobierz plik (Stolarski.pdf)Stolarski.pdf363 kB

The article deals with a matter of the redress for damage awarded due to the death of a close person. This paper provides a general overview of “the deceased person” term and entitled person to make a claim - “the close person” term. The text aims to briefly explain the available legal resources as well as the amounts typically awarded in such cases. Under the Polish Civil Code, the article 446 § 4 is the basis of a claim. The author describes conditions for an application and functions of the provision. The most important is that the bereavement damages depend on size and intensity of the negative impact in the entitled person’s mental and emotional sphere. Compensation seeks to alleviate the pain after the loss of a close relative. The author also emphasizes the need for amendment in the Polish legislation and presents de lege ferenda postulates.

10.32082/fp.v5i55.244

Załączniki:
Pobierz plik (Karolak.pdf)Karolak.pdf386 kB

In the civil law doctrine, forgiveness is considered to be an emotional act or an act similar to a legal act (including a conventional act) which consists of forgetting the resentments for the harm suffered and the hurt felt. Meanwhile, forgiveness is a personal process, involving a person’s entire psyche, the purpose of which is to get rid of the forgiver’s desire to retaliate against the perpetrator. It is not a declaration of intent nor any other legal construct. Due to the ambiguity of Art. 1010 of the Civil Code there is a dispute as to whether forgiveness can have legal effects after a will – in which an offender has been disowned – has already been drawn up, and the instruction has not been revoked. In the Supreme Court’s view, forgiveness is effective in such a situation, while according to the vast majority of the doctrine, the opposite view is correct. The informal nature of forgiveness and its purpose – which is the act of “annulment of a civil penalty,” as well as the requirement of protecting family ties by the inheritance law – validate the aptness of the Supreme Court’s position.

10.32082/fp.v5i55.274

Załączniki:
Pobierz plik (Rafalowicz.pdf)Rafalowicz.pdf291 kB

This article concerns the regulation of the offence of financing terrorism. The text in a condensed and comprehensive way presents the evolution of this provision, its interpretation, as well as the impact of European regulations on it. The first chapter is a brief introduction. The second part describes the criminalization of these behaviors in the Polish Penal Code (Article 165a of the Penal Code). The last one is a short summary and a proposal of changes de lege ferenda.

10.32082/fp.v5i55.282

Załączniki:
Pobierz plik (Palka.pdf)Palka.pdf407 kB

The article presents the current model of out-of-court compensation for medical damages. In particular, the aim of the publication is to analyze the legal nature of proceedings before the Provincial Committees for the Ruling of Medical Events, which are to determine the existence of a medical event. Originally, the entity responsible for medical events was to be primarily the insurer. As a result of the legislative changes which led to the abolition of the insurance obligation, the entity responsible in the procedure before the Commission became de facto hospital. The author describes the subject of the commission procedure and then confronts it with the subject of compensation proceedings before the civil court. She also considers the nature of the proceedings before the Commission in comparison with the mediation proceeding. Against this background, she formulates de lege ferenda postulates which, without pretending to propose final legal solutions, are intended to provoke a discussion on possible ways of repairing the described model.

10.32082/fp.v5i55.283

Załączniki:
Pobierz plik (Drozdowska.pdf)Drozdowska.pdf454 kB

The aim of the article is to organize the justification for the thesis: the model of disciplinary proceedings against students, mostly provided by The Higher Education and Science Act of 2018, consists of the rule: “disciplinary proceedings against students are not instituted, or, if previously instituted, are discontinued in case where the defendant was struck from students’ register.” The argumentation is bipartite. First, there are the reasons that shake the aforementioned thesis. The second part of the article boils down to demonstration of the fact that the reasons are incorrect and their correction triggers the approval for the main thesis.

10.32082/fp.v5i55.271

Załączniki:
Pobierz plik (Barszcz.pdf)Barszcz.pdf330 kB
UJ logo logo Utriusque Iuris

Programy

W latach 2019–2020 czasopismo wydawane jest w ramach programu „Wsparcie dla czasopism naukowych” Ministerstwa Nauki i Szkolnictwa Wyższego

Kontakt

Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript. 

© Forum Prawnicze 2020
Wykonanie: Solmedia.pl