Problems with the Duty to Disclose Information on Crime Committed to the Public Organs

One of the most complicated thing in current application of Polish criminal law has been developed by the newly established duty to disclose to public organs information about poossibility that one was subjected to sexual abuse. This is part of the more common trend to create neat tights of social duties to prevent and prosecute offenders of crimes of this kind. Enacted provisions seem in fact to be vague, not certain, with the unpredictable application of the law. If the aim was to establish system of prevention against sexual abuse which part was the analysed legal provision that unfortunalety has become a trap based on misunderstandings and unconsequences.

Załączniki:

Krolikowski.pdf

430 kB

Damages for the Inability to Perform Work During the Period of Unjust Deprivation of Liberty and the Differential Method of Assessing the Damage in the Jurisprudence of the Supreme Court

Deprivation of liberty may lead to harm or damage requiring compensation or damages. There is a consensus on the civil law nature of these claims. However, the method of determining the amount of damages for the inability to perform work during the period of unjust deprivation of liberty raises doubts. It seems permissible to limit the damages to the hypothetical savings of a person deprived of liberty. Such a procedure is considered to be based on the differential method of determining the amount of damage. Recently, the Supreme Court criticized both the reduction of this damages by the costs of maintaining a person deprived of liberty as well as by the expenses for other needs. The position does not mean a complete resignation from the use of the differential method of determining the amount of damage.

Załączniki:

Blachnio-Parzych.pdf

313 kB

Current Problems of Labour Law Re-codification

The elaboration is dedicated to the evolution and further possible development of Polish labour law. Author presents the Labour Code of 1974 and its major shortcomings. He introduces the basic assumptions of the drafts labour codes prepared by the Commissions for Labour Law Codification, respectively in 2007 and 2018. The possibility of adopting new labour codes concerning individual and collective labour relations has been analyzed

Załączniki:

Mitrus.pdf

327 kB

The Change of the Invalid Kind of Legal Transaction into another

The article concerns the so-called conversion of invalid legal acts. The author presents two concepts of the conversion and attempts to clarify the functioning of the favor contractus interpretation based on the concept of Z. Radwański’s interpretation of declarations of will. The functioning of conversion was discussed both at the stage of subjective and objective interpretation. Reference was also made to the restrictions acknowledged in subject field on the use of conversion institutions. The author explains the phenomena described in the traditional concept in the language appropriate for the interpretative concept.

Załączniki:

Klaczak.pdf

352 kB

The Codification Ability’s Patterns of the Judicial-Administrative Procedure and Problems of Their Concretization on the Background of Chosen Foreign Legal Orders and the Polish Law

The analysis of the codification ability’s patterns of the judicial-administrative procedure begins with the presentation of theoretical assumptions and conditions of the practical capabilities to codifying procedural norms. The fundamental difference between the judicial-administrative procedure and the other judicial procedures is presented. It is followed by models of the codification ability’s patterns: French, Dutch, Italian, German, Austrian, Swiss, English and Spanish, that are discussed from a comparative law perspective. The last part of the considerations is about the development and present problems of the Polish concretized pattern of the judicial-administrative procedure’s codification.

Załączniki:

Kaminski.pdf

448 kB

Gloss to the Judgment of the Supreme Court of 20 August 2019, I DO 28/19

The paper discusses the principle of legal information in the Polish criminal procedure. The decision of the Supreme Court refers to the existing case-law on instructing professional entities. This has been the line of case-law that raised doubts in some scholars in the field. The whole wording of the justification of the decision commented herein eads, however, to the conclusion that the position adopted differs significantly from the previously expressed one and therefore has significant consequences for professional participants (defence counsels, representatives, social interest advocates). The conclusion states that further restrictive interpretation of Article 16 § 1 of the Code of Criminal Procedure will significantly affect the guarantees for the parties to the proceedings, including the right to defence and the standard of fair trial. Each party should therefore be instructed in accordance the Article. The author suggests modifications in its wording to make it similar to relevant provisions of the Code of Civil Procedure.

Załączniki:

Kosowski.pdf

271 kB