Numer 1 (57)

The paper focuses on US legislation before the drafting of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2015, examining the legal and social issues faced by American lawyers in their search for a balance between facilitating fiduciary access and respecting privacy. Special attention is paid to the first legislative initiatives at the state level as well as to models of 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 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. The 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). 

Pobierz plik (Wudarski.pdf)Wudarski.pdf486 kB

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. The basic characteristics of services developed by the EU Court of Justice and the EU and European Union Member States legal efforts are aimed at the implementation and effectiveness of the freedom to provide services. The study tends 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. 

Pobierz plik (Etel.pdf)Etel.pdf352 kB

Effective land registers ensuring the accessibility of land information are of cru- cial 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 consider- ably, 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 of assumptions and outcomes of selected information and communication technol- ogies-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. 

Pobierz plik (Kaczorowska.pdf)Kaczorowska.pdf509 kB

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 limited possibilities to verify such evidence. Authors of private expert opinions do not 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 remedy for problems and controversies related to the participation of experts supporting the parties. By this, parties and their representatives could have more realistic impact on the content of the findings in terms of circumstances, the settlement of which requires special knowledge. 

Pobierz plik (Smarzewski.pdf)Smarzewski.pdf353 kB

The expedited procedure is a type of special first-degree proceding 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. Insofar as it is permissible to reduce the formal requirements for charges to be presented in simplified proceedings, it is not possible to apply any simplification when it comes to evidence-based decision whether to file an indictment against a specific person. In cases involving offences prosecuted on the basis of private prosecution, it is not necessary to show public interest. Ap- prehension of the offender as a precondition of the procedure requires that all the conditions specified in Article 243 of the Code of Criminal Procedure are met. Apprehension “immediately after committing a crime” is not essentially equiva- lent to “in the pursuit immediately afterwards”. Time of suspect’s detention is counted to the nearest minute from the moment of actual deprivation of liberty or – in cases where suspect is apprehended – from the moment the apprehended person is taken over by the police. 

Pobierz plik (Kosonoga.pdf)Kosonoga.pdf388 kB

This paper concerns the concept of the right of burial, developed in the jurisprudence and upheld in the commented decision. The heterogeneous concept of the right of burial – the patrimonial rights in the case of an empty grave and non-patrimonial rights, when someone is already buried in the grave – has been adopted. Such a clas- sification has consequences in the inheritability and transferability of this right, especially in this second form. The judiciary has created, in the name of the proper protection of the personal rights of the deceased’s relatives, indirectly, the alterna- tive succession proceedings concerning the non-patrimonial right of burial. It seems, however, that this concept does more harm than good. The broader legal protection is only illusory, creates uncertainty in the legal system, unnecessary costs and non-intuitive legal solutions. It raises concerns whether an a priori rejection of the homogeneous concept of the right of burial conducted in case law is rational. 

Pobierz plik (Walczak.pdf)Walczak.pdf257 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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