This paper describes the development of the principles of fiduciary access to digital assets in the United States. It focuses on US legislation before the drafting of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2015. Special attention is paid to the first legislative initiatives at the state level as well as to two model regulations that represent opposite approaches to access to digital assets: The Privacy Expectation Afterlife and Choices Act (PEAC) and the Uniform Fiduciary Access to Digital Assets Act (UFADAA). The analysis considers the requirements for gaining access to the account of a deceased user, conflicts between legally protected interests and conflicting federal and state laws, and the meaning of such legal terms as digital assets, fiduciary, custodian, content of an electronic communication, et. al. The reasons for the failure of these acts to receive final approval are also analysed. Research is based on American doctrine, state and federal legal acts, documentation of the legislative process, and the work of expert groups, including, primarily, the Uniform Law Commission (ULC).

The study concerns the EU legal concept of services and freedom to provide services, as the key and the most liberal one among all the freedoms of the internal market. It indicates the basic characteristics of services developed by the EU Court of Justice and the EU and European Union Member States legal efforts aimed at the implementation and effectiveness of the freedom to provide services. The study wants to answer the questions – how are the services in EU law understood and for what reason (or where) the adopted legal concept is difficult to put into practice? In addition, it contains comments and evaluations evaluation of efforts and de lege lata and de lege ferenda postulates. The study is based on analysis of EU law and Polish law, judgements of the EU Court of Justice and the doctrine of law on services and the freedom to provide services.

Effective land registers ensuring the accessibility of land information are of crucial importance for the development of cross-border conveyancing which falls within the scope of free movement of capital in the European Union. Specific to the European countries’ land registration systems is that they diverge considerably, the result being that they have not been directly subject to harmonisation so far. Nevertheless, efforts are undertaken to increase cooperation among national land registration authorities and what particularly contributes to achieve this objective is a common tendency towards informatisation. The article presents an overview of assumptions and outcomes of selected information and communication technologies-based projects implemented at the European level in order to streamline cross-border conveyancing by way of interconnecting land registers. On this basis, an attempt has been made to assess the effectiveness of hitherto cooperation initiatives and the prospects for enhancing the integration of real estate markets.

The paper considers issues referring to the institution of private expert opinion in criminal proceedings in the context of the possibility of its evidentiary use in it. The author paid attention to the objectively negligible value of the analyzed evidence, which is closely related with its kind of detachment from the source from which it comes, including with limited possibilities to verify such evidence. It seems to be caused among others with the fact that the author of the private expertise doesn’t formally participate in the proceedings. For these reasons, the article presents the institution of the technical consultant of the party functioning on the basis of the Italian criminal procedure, arguing that the introduction of such an entity to the category of participants of the Polish criminal process could be a kind of remedy for problems and controversies related to the participation of experts supporting the parties.

This paper deals with preconditions under which expedited procedure can be instigated in the Polish criminal proceedings. In addition to comments on essence and the legal nature of this procedure and comparative issues, the article refers to individual preconditions of admissibility of expedited procedure. The analysis shows i.a. that expedited procedure is a type of special first-degree procedure which – apart from the cases specified in the Act on the Safety of Mass Events – is optional, also in cases of offenses prosecuted on the basis of private prosecution, if they are of hooligan nature.

The concept of the right of burial, developed in the jurisprudence and upheld in commented judgement is the subject of this paper. In the above-mentioned decision, the heterogeneous concept of the right of burial - a property right in the case of an empty grave and non-property right, when someone is already buried in the grave - has been adopted. Such a classification has consequences in the inheritability and transferability of this right, especially in this second form. The judiciary has created, in the name of proper protection of the personal rights of the deceased's relatives, indirectly, the alternative succession proceedings concerning the non-property right of burial. It seems, however, that this concept does more harm than good. The broader legal protection is only illusory, creates the uncertainty in the legal system, unnecessary costs and non-intuitive legal solutions for the addressees of the law. It raises the question whether an a priori rejection of the homogeneous concept of the right of burial conducted in case law is rational. Especially that nowadays, in the era of aging society, funeral law plays an increasingly important role.

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


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