Numer 3 (59)

The text covers the issue of the admissibility of conducting research using human biological material derived from human corpses and removed (amputated) parts of the human body or material obtained during medical procedures carried out for other purposes. The author analyzes the issue of the admissibility of conducting research and the necessary consent of the entity from which the material originates, as well as the nature of legal opposition to the ex mortuo collection of cells, tissues and organs. The test is a double voice and includes considerations based on Polish legal solutions, which are complemented by an ethical perspective that is an immanent part of the study. 

Pobierz plik (1Haberko.pdf)1Haberko.pdf310 kB

The text is devoted to consideration on the morally desirable way of clarifying the ambiguities identified in a previous part of the double voice. So it contains deliberations on meaning and authority of biological material donor informed consent. Considering research on human corpses the author focus on two questions: why deceased patient’s premortem preferences should be taken into account at all and whether “an advance research directives” of that kind should take a form opt-in or opt-out arrangements? Whereas when it comes to research on biological samples the most important question is what type of actual – not presumed – consent meet ethical standards. 

Pobierz plik (2Dryla.pdf)2Dryla.pdf277 kB

The author considers the issue of whether the postulate of creating a new code of civil procedure is still valid. He comes to the conclusion that the following arguments support the new codification: the poor state of the current Code of Civil Procedure and the need to take into account the challenges facing civil procedural law like constitutionalization, Europeanization and digitalization of this law, as well as the creation of new solutions to protect collective interests. However, he indicates, as obstacles to the preparation of the new code, the collapse of the culture of creating law in Poland, problems resulting from changes in the justice system and threats resulting from legal populism. 

Pobierz plik (3Weitz.pdf)3Weitz.pdf375 kB

This article aims synthetically to refer to discussion between Polish academic-lawyers about the controversies regarding to reduction of a specified sum in “agreed or stipulated payment for non-performance” in art. 484 § 2 of Polish Civil Code. These conclusions, resulting from the analysis of Polish private law - will be referring to the same reduction-clause in three selected acts of contracts model law: UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law and the Draft Common Frame of Reference. The last part of this article contains the conclusions de lege ferenda from comparative analysis. 

Pobierz plik (4Juranek.pdf)4Juranek.pdf345 kB

The subject of this article is the issue of legal protection of marine water against pollution. Due to the limited scope of the study, only the legal solutions of the administrative liability concerning protection of marine waters against pollution from vessels have been considered. There is no doubt that the degradation of the marine environment is a global problem that often causes irreparable harm to the environment. In the article, there were presented considerations regarding the administrative guarantee of protection of marine waters against pollution from ships. First of all, the concept of administrative liability and its types in environmental protection have been considered. After scrutinizing legal regulations in this range, three basic tools of liability for sea pollution taken by legal enitities have been thoroughly analyzed: the administrative fines imposed on shipowners, the administrative fines imposed on other entities and the revocation of the decision in the range of testing emission reduction methods. Next, the legal regulations concerning the administrative responsibility related to the pollution of sea waters have been assessed. 

Pobierz plik (5Ogonowska.pdf)5Ogonowska.pdf298 kB

The article consists of two parts. In the first, the author discusses the criminal law aspects of the crime under Art. 115 paragraph 1 of the Act on Copyright and Related Rights. The second part presents the results of empirical research. In order to learn the dynamics of convictions over the years, characteristics of perpetrators and types of punishments imposed by courts, the author collected and developed statistical data obtained from the Ministry of Justice. In order to examine the factual circumstances of plagiarism cases, as well as the correctness of the legal classification of offenses used by the courts, the author conducted a case study. The research covered cases ended with a final conviction in 2013–2017. The summary includes comments regarding problems with the legal classification of infringements of copyright and related rights as well as de lege ferenda postulates. 

Pobierz plik (6Dasko.pdf)6Dasko.pdf322 kB

Industrial tax, based on archaic solutions, has aroused opposition since the beginning of its operating, especially in the context of the introduction of turnover tax which was given the features of consumption tax, and the maintained industrial certificates were given the features of revenue tax. It should also be remembered that the industrial tax acts were extremely complicated in their content, the legislator in one act tried to regulate as many economic issues as it was possible. Adopted solutions concerning industrial tax allowed the legislator to obtain permanent incomings to the state budget, the size of which, however, varied depending on the period and the social and economic situation, on average constituted 10% of the total revenues of the state budget. Attempts to rationalize the system of collecting industrial tax and breaking with the principle of unevenness of this tax, therein a mechanical combination of income tax and turnover tax, were made by the Act of 25 April 1938 on turnover tax. The tax reform was the result of changes in the tax system long awaited by entrepreneurs, mainly in the area of industrial tax. Unfortunately, due to the start of the war, the regulations did not enter into force.

Pobierz plik (7Kwiecien.pdf)7Kwiecien.pdf309 kB
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