Numer 6 (56)

Polish administrative courts were in 2018 requested to register in Polish birth records the child’s origin from “same-sex parents” (de facto – homosexual couples). The author discusses the national legal provisions. In the matters of civil status in question there is no harmonization of law at the international level, and the European Union has no competence in the field of substantive personal and family law. Such issues and – being their reflexes – the registration of civil status (filiation or marriage) are subject to the internal legislation of each state. Legal systems differ manifestly in the world. The author emphasizes that there is no possibility of transferring to the domestic register of civil status (birth records) a foreign document incompatible with the fundamental principles of forum’s law, which is justified in particular by the need to protect the effectiveness of the principles of the Polish ordre public, which are declared in the Constitution (Art. 18). They include i.a. the understanding of the principle of filiation or marital status, and the registration system should be compatible with the legal fundaments of the state. The proposed solution does not mean, however, that it is not possible to settle a detailed administrative case residing abroad, e.g. to obtain an identity card by the child living abroad. For the purpose of such separate administrative proceedings, a foreign document or a part of it may be treated as confirmation of the status of parents (i.e. a man and a woman who gave birth to a child) being Polish citizens.

Pobierz plik (Mostowik.pdf)Mostowik.pdf486 kB

The article presents public procurement contracts by describing their key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. The author points out that the characteristic feature of public procurement contracts is primarily the fact that they can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions is discussed, and the grounds for the nullification of the contract are analysed. It is emphasised that, as a rule, changes to the contract are prohibited and the statutory conditions for the amendment of the contract are prearranged. In addition, issues related to the invalidity of the contract are analysed. Finally, the article considers whether public procurement contracts implement the principle of contract freedom and to what restrictions they are subject under the provisions of the Polish Public Procurement Law. The study raises even the issue of whether public procurement contracts fall within the class of binding contracts.

Pobierz plik (Marczewska.pdf)Marczewska.pdf347 kB

Introduced in 2019 art. 1391 of the Polish Code of Civil Procedure is a significant novelty, since such a solution has never been applied in a civil procedure before. The article points out how the regulation would affect the delivery of a document by a court bailiff. Attention is drawn to the amount of the fee and the contradic- tion between the statutory deadline for delivery by the enforcement authority and the statutory deadline for payment. The regulation determines the perfor- mance of service by the bailiff and the activities in the event of an unsuccessful service of documents to the defendant’s address. The proposal raises problems resulting from the new regulation, including a wide group of persons who may be authorised by the bailiff to perform the service. The regulation sets require- ments which should be met by those to be authorised by the bailiff to perform the service. Attention is paid to the circumstances where it is not possible for the bailiff to determine the whereabouts of the defendant; the article also considers whether the bailiff may obtain information on the defendant’s address from other proceedings in progress. It points out that the new regulation would lead to the extension of the examination procedure. The proposed wording of the provisions on service is formulated. The proposal includes establishing a database of cor- respondence addresses of adult citizens in order to accelerate proceedings and to eliminate the cause of failures of service.

Pobierz plik (Szachta.pdf)Szachta.pdf286 kB

Sedation in palliative medicine is used to limit a patient’s consciousness, to ease his suffering. This paper discusses basic problems of criminal law related to the procedure of sedation, such as measuring the level of suffering, and methods of treating patients, both in hospital and in-home care. The paper presents similari- ties and differences between sedation and euthanasia, particularly in countries where both procedures are legal. It also considers possible legal consequences of the limitation of the patient’s consciousness, which affects the patient’s ability both to make everyday decisions and to take part in family life, as some theories consider that active participation in social life is important to fulfil one’s needs.

Pobierz plik (Doroszewska.pdf)Doroszewska.pdf409 kB

The article attempts to solve problems arising in connection with the applica- tion by the Minister of Finance of the Act of 9 April 1968 on making entries in the land and mortgage register in favour of the Treasury, based on international agreements on the settlement of financial claims. The Act was adopted to regu- late—in the land and mortgage registers—the legal status of real estate taken over by the State Treasury after World War II. However, its laconic nature causes great interpretation difficulties for the aforementioned authority, which on the basis of this Act, is obliged to issue declaratory decisions confirming the transfer of ownership to the Treasury. Substantive settlement in such proceedings is ad- ditionally hindered by views unconfirmed in doctrine and judicature regarding the manner by which the State Treasury takes over ownership of real estate in connection with the international indemnification agreements referred to in the title of the Act agreements.

Pobierz plik (Szafranska.pdf)Szafranska.pdf370 kB

The gloss concerns the issue of the degree of social harmfulness of acts consist- ing in placing indecent words in a public place (Article 141 of the Code on Petty Offences). It should be emphasised that not every behaviour that fulfils the statu- tory features of that petty offence should result in criminal liability, due to the possible lack of social justification for a criminal response. At the same time, it is reasonable to retain the ban on this kind of acts in the Polish legal system, because public morality and the purity of the Polish language are legal values worthy of criminal protection.

Pobierz plik (Wala.pdf)Wala.pdf258 kB

What is the purpose of a study to present comprehensively the condition and social impact of civil law lawyers in 18th century England? The study provides a broad panorama of a far European province, particularly in relation to its legal and intellectual character. A province is an intellectual, not a geographical term. Yet, the panorama should not be art for art’s sake. A comparative study based on it might be instructive, if a legal researcher following it becomes well acquainted with the foreign jurisdiction and its legal history. There will always be a need for learned diagnoses and for the openness of lawyers’ minds. A study of Roman law, if introduced and exercised as practical legal history, has proven to provide a very useful measure of diagnostic accuracy and to overcome provincial thinking in law.

Pobierz plik (FLB.pdf)FLB.pdf238 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.

© Forum Prawnicze 2024