Numer 4 (60)

Questions and answers of the paper concern academic achievements of law professors seen at least two decades after their death. What remains of a law professor: good character, disciples and students, specificity of university genealogy, important research topics, work and writings, institutions created, international research friendships? Who can be considered a great lawyer? What are the criteria to asses it? 

Pobierz plik (FLB.pdf)FLB.pdf361 kB

There are few methods used by criminal lawyers determining how they approach to criminal provisions and final outcome in the procedural issue of being or not being held responsible for one’s conduct. It might be illustrated that the main characteristic is something close to osmolarity of deeds that are close but not directly in the scope of criminal provision. In Poland it is determined by the culture of reasoning founded in the dark times of communism and afterwards simply retranslated to new democratic concepts. The author asks a question how legal dogmatics in criminal law may be the vehicle of individual guarantee to be held not guilty. According to the author this is the beginning to question the system, not the final word. 

Pobierz plik (Krolikowski.pdf)Krolikowski.pdf454 kB

The text attempts to conceptualize the possible reform of the procedure of making notarial deeds in Poland. It examines the feasibility of drafting and signing these deeds in the course of online communication between parties. The analysis builds on the significant constraints for the classic notarial procedure (based on paper documents and on the physical presence of a notary and parties) that were triggered by the COVID-19 pandemic. Its aim reaches, however, further beyond the present-day realities and seeks possible ways to generally modernize provisions on notarial deeds and to adjust them to the growing proliferation of online communication in the society. The text ascertains that the existing structure of provisions on notarial deeds already allows for making notarial deeds online, without profound legislative changes. It can be achieved predominantly by altering the attitude towards interpretation of these rules, especially through a more profound insight into the function of these provisions and the interrelation between their rationale and the features of the online communication. In the latter regards, the text makes an in-depth scrutiny of possible guarantees for communicational efficacy and for authenticity of notarial deeds that are provided by the advanced methods of transmitting and storing data online. 

On the 16th of February 2017 the European Parliament by the Resolution 2015/2103(INL) called on the European Commission to elaborate new solutions based on civil law that could respond to the rapid present-day development of robotics and AI. The Resolution indicates Asimov’s Laws as one of the bases of civil law rules on robotics. The authors of the article analyse whether, taking the professional legal perspective, the Laws may really play such a role adequately. Their analysis reveals that because of many reasons the Laws are not good instruments for drafting legal rules. Even if the Laws are treated as very general ethical recommendations they rather cause confusions and unsolvable problems than give real directives. The authors speculate that referring to them was an expression of attachment of the EP to the old androidal paradigm of robotics assumed decades ago and still strongly present in popular culture. 

Pobierz plik (Ksiezak_Wojtczak.pdf)Ksiezak_Wojtczak.pdf394 kB

The withdrawal of Great Britain from the European Union turned out to be important not only for the citizens of this country but for all Member States of the European Union. One of the important consequences of the notification of the withdrawal from the organization was to determine the constitution of the European Parliament taking into account variants of the moment when Brexit takes effect. The paper analyzes the impact of the UK’s withdrawal from the European Union on the conduct of elections and the appointment of seats in the European Parliament. This issue is presented primarily on the example of the elections held in Poland. The first part of the article discusses the procedure for the withdrawal of Great Britain from the EU and related problems. The second part is devoted to the impact of Brexit on the distribution of seats in the EP depending on the moment of Great Britain’s withdrawal from the European Union. The third part of the article examines problems associated with the procedure for indicating a Polish representative awaiting his mandate and his status. 

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This paper is a polemic with some theses of an interesting monograph by Mariusz Załucki “Videotestament. Prawo spadkowe wobec nowych technologii” (“Videotestament. Law of succession in the face of modern technologies”). The main thesis of the polemic concerns the real meaning of the popular understanding that contemporary forms of last will are based on “Roman model”. It is shown that the category of Roman legal framework is much more precise and useful in explaining the relation between modern succession law and its Roman sources. The videotestament, whatever form it could eventually take, would always fit in this framework perfectly. Further part of the paper discusses some notions about possible advantages of the videotestament putting forward a thesis that it does not have to be safer than traditional forms and that the widespread use of recording devices seriously threatens the possibility of determining if an author of a video really had animus testandi. However, all the critical remarks of this paper are primarily aimed at developing the discussion on the important topic raised in Mariusz Załucki’s monograph.

Pobierz plik (Rudnicki.pdf)Rudnicki.pdf298 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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