Acquisition of Significant Portfolio of Shares in Domestic Insurance Companies – Legal Characteristics and Analysis

This paper is an attempt to solve problems which may arise – and in practice they do – in the course of proceedings conducted by the Polish Financial Supervision Authority (KNF) concerning the expression of its position on the acquisition of a qualifying holding in a domestic insurance company (i.e. in fact, the analysis of the institution objecting to the acquisition of a qualifying holding in a domestic insurance company, referred to in Articles 82–98 of the Act of 15 September 2015 on insurance and reinsurance activities).

Załączniki:
Pobierz plik (Kozlowska-Chyla_Wajda 3-23.pdf)Kozlowska-Chyla_Wajda 3-23.pdf367 kB

Civil Liability of the Website Administrator for Internet Users’ Posts

Nowadays, it is common to combine press activities and hosting services on a single web portal, where Internet users can post, comment on or discuss press releases with each other. These entries, especially when they relate to matters of public interest, can violate the personal rights of third parties. The paper discusses selected issues concerning the civil liability of the administrator of the Internet portal for posts of Internet users that infringe the personal rights of third parties, including the obligations imposed on the administrator and the grounds for excluding his liability. The considerations include academic studies and court rulings on this subject. The authors criticized the current case-law in these areas, pointing also to its potential legal and practical consequences for hosting and press activities.

Załączniki:
Pobierz plik (Kierznowski_Szorc 24-36.pdf)Kierznowski_Szorc 24-36.pdf370 kB

Linking to Works Protected by Copyright – Influence of the Case Law of the Court of Justice on Judicial Practice of Polish Courts

The preliminary rulings of the Court of Justice of the European Union (CJEU) provide clarification on EU law. But, at the same time, they influence the interpretation of national laws and the case-law of the courts of Member States. Copyright has been harmonised at the EU level to a limited extent. Therefore, the CJEU’s decisions are of great importance for the national courts adjudicating in cases related to the proper functioning of the internal market. The purpose of this article is to analyse the CJEU’s case-law on the authors’ right to communicate their works to the public under Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. The article also addresses the binding character of the CJEU’s judgments and influence on the Polish courts’ rulings concerning linking to works protected by copyright

Załączniki:
Pobierz plik (Brzozka 37-54.pdf)Brzozka 37-54.pdf390 kB

Assessment of Conformity with the Constitution of the Act on the Employee Holiday Fund

The Employee Holiday Fund during the Polish People’s Republic had a monopoly on organizing holidays for employees. The change of the socio-economic system in 1989 led to the necessity to introduce changes in the organization of the EHF. The Act regulating the status of assets after EHF was declared unconstitutional in 1997. The legislator had to regulate this issue again, which did not happen until 2015. The article presents the issue of constitutionality of the Act of 11 September 2015 on the entitlement to the property of the Holiday Employee Fund. The author examines the new regulation in the light of the constitutional principles of protection of property rights, democratic rule of law, non-retroactivity and certainty of real estate transactions.

Załączniki:
Pobierz plik (Milczarek 55-64.pdf)Milczarek 55-64.pdf278 kB

Significant Passage of Time as a Circumstance Excluding the Declaration of Invalidity of a Decision Taken with Flagrant Violation of Law

The regulation specifying the maximum deadline for annulment of an administrative decision supposingly adopted with gorss violation of law, requires assessment in the context of principles and values. Determining the maximum period of annulment of an administrative decision due to its issuing in gross violation of the law must take into account the functions and subject of the regulation. It should also be considered whether, taking into account the features of administrative law, it is possible to indicate areas of law and categories of legal relations in which the passage of time should not cause the inability to annul a decision because it was issued with a gross violation of the law, for example due to an important state interest or obvious harm to an administered entity.

Załączniki:
Pobierz plik (Wincenciak 65-76.pdf)Wincenciak 65-76.pdf356 kB

The Place of Committing an Abstract Endangerment Offence and the Territorial Scope of Polish Criminal Law

The paper discusses the possibility of prosecuting an act committed abroad, if it constitutes an abstract endangerment offence. Such offences, unlike offences of specific endangerment or violations, can be considered as committed only there, where the offender performed his act, regardless of where the results of his act ensued. Such an interpretation restricts the application of the territoriality principle in cases, in which the offender acts abroad but the legal good is endangered or even violated on Polish grounds and the legislator decided to protect this good even from abstract dangers. Such restriction does not seem to be justified considering the main functions of criminal law, such as protection of goods and compensation. Thus the expression “a result constituting a feature of a prohibited act” used in Art. 6 § 2 Polish Criminal Code, needs rethinking. It should be read in a new perspective, not just the perspective of unlawfulness, but one that acknowledges the role which “the place of committing an offence” plays in determining Polish jurisdiction and application of Polish law.

Załączniki:
Pobierz plik (Demenko 77-87.pdf)Demenko 77-87.pdf266 kB

On the Nature of Rights, Old Footnotes, a Letter from Rabka, and a Treasure the Old Woman Told About

Polemics with the view that the right to the grave is always only a property right has led the author to pay attention to the phenomenon of private rights. Probably all private rights to goods are both of proprietary and non-proprietary character, certainly in various proportions. Moreover, an attempt to define the nature of goods as only property or only non-property seems unreliable. The article also reminds about the role of footnotes as a place of valuable digressions, complementing polemics, sometimes invaluable pieces of information. Areas of research on law, regarding post mortem situations, are rarely of interest to scholars.

Załączniki:
Pobierz plik (Mazurkiewicz 88-98.pdf)Mazurkiewicz 88-98.pdf332 kB
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