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As at its publication date, this study represented the first systemic investigation of fixing of property boundaries actions in our legal literature under the former Romanian Civil Code of 1864. Starting from the provisions of art. 584 hereof, according to which any landlord could oblige his/her neighbour to fix the boundaries of the property next to his/her, and the costs incurred for fixing the respective property boundaries were to be paid into two equal parts, as the fixing of property boundaries action was defined as being the material operation consisting in fixing the boundaries between two adjoining areas of land owned by different landlords, usually based upon the ownership. No less, it was however admitted that any other real rights might be exercised over the adjoining lands for which the fixing of property boundaries is performed. Although the text of art. 584 of the former Civil Code was ranged in the matter of easements, namely in the matter of natural easements, it is upheld that in fact, the capacity recognized to any owner of a real right to request to his/her neighbour to mark out the boundaries of the land over which he/she exercises his/her right shall not be an easement, as, in such a situation, there is no lien imposed on a land “for the benefit” of another land, and therefore we are not in the presence of a dominant real estate and of a real estate subject to an easement. This capacity is construed as a mutual to-do-obligation, which is incumbent upon the owner of a real estate, which rather brings it near the real obligations (propter rem) as regards the legal nature. The study shows that the fixing of property boundaries action, considered from the point of view of the person who requests it, respectively any of the landlords of the adjoining real estates, shall be examined as an attribute of a real right, mainly of the ownership right, so that it was suggested that, in the new Civil Code, this action was to be regulated within the general provisions regarding the ownership right, as a reference rule for the other main real estate rights, as well. This suggestion was complied with by the editors of the new Civil Code, which became effective on 1 October 2011, in which art. 561, regulating the obligation to fix the property boundaries, is provided for in Title II – “Private property” – of the Book III – “About Assets” – of the Code, in Chapter I – “General provisions” –, in its first section regarding the content, the extension and the cancellation of the private ownership right. According to the definition and the legal characteristics of fixing of property boundaries action – a real, petitory, real estate and indefeasible action –, its correlations with the other real actions are examined, namely the action for recovery of possession and the possessory actions.
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The author intends to examine the legal nature of unwritten clauses, both under the substantive and procedural aspect, defining the main characteristics of the declaratory action for the unwritten nature of a clause. The study indicates the inspiration sources of the regulation, the relevant provisions and makes a comparison between the penalty of considering the clauses as unwritten, the absolute and relative nullity, the non-existence and unenforceability, as civil penalties, for the purpose of settling into shape the own legal, sui-generis regime, of the first penalty. Likewise, the effects of the clauses deemed as unwritten are distinctly examined, on the one hand, for the situation in which they were performed or not performed and, on the other hand, depending on the involved legal subjects – the parties to the agreement, third parties or persons deriving title under. The study intends to emphasize the need for the regulation of the scope of persons and authorities which may rule on the unwritten nature of a clause, as well as on their margin of appreciation, in the respective endeavour.
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The institution of statute of limitations for the lapse of time constituted the subject matter to which the Romanian lawmaker paid special attention, at the time of recodification of the civil laws, of substantive law and of procedural law. Still preserving the sustainable elements of the previous regulation, the New Civil Code and the New Code of Civil Procedure have improved the lapse of time regime, turning the respective institution into a modern regulation, governed by flexible, transparent and reasonable (commensurate) rules, orders, assuring the harmonious matching of the general interest in the consolidation of the questionable legal relationships with the particular interest in the actual protection of the subjective rights and the particulars’ legitimate interests. De lege lata, ius commune of the lapse of time is composed of the regulations contained in the New Civil Code (mainly, art. 2.500-2.544), applicable both to the right of condemnation action, and to the right of enforceable action (the right to obtain condemnation), and in the New Code of civil procedure (art. 706-711), applicable to the right of enforceable action (the right to obtain enforcement). The right to obtain enforcement is a kind of expression of the right of action from the substantive point of view, and consequently, is different from the right of action from the procedural point of view (the right to refer to the court, the right to claim enforcement etc.). From the point of view of the lapse of time, the right to obtain enforcement in principle is subject to statute of limitations, as compared to the right to obtain condemnation, which may be subject, or not to statute of limitations, as the case may be. The general time limitation period of the right to obtain enforcement is of 3 years, unless otherwise set forth by law (or in the parties’ agreement). Although the law requires that the lapse of time starts upon emergence of the right to obtain enforcement, actually, the beginning of the lapse of time depends on the jurisdictional or non-jurisdictional nature of enforcement: in case of jurisdictional titles, the lapse of time starts when the court order or the arbitral award remains final, whilst in case on non-jurisdictional titles, the lapse of time starts in principle, upon emergence of the right to obtain enforcement. The course of the statute of limitations may be suspended or, as the case may be, interrupted in the special cases set forth by law or by the parties and in case for duly substantiated reasons, the creditor was not able to take any legal actions for the purpose of its interruption, its relief from effects of expiry is possible.
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The major legislative intervention that took place in 2013 fully reflects, from a normative point of view, the consequences of European integration. Against the backdrop of elements of continuity, the matters of international jurisdiction offer some modern solutions which, at first glance, might seem in stark contrast, due to their novelty. In this vein, the aspects related to jurisdictional competence resonate, at least partly, with the solutions put forward by European lawmakers. Internal regulations serve multiple purposes: pioneering, harmonizing and preservation on national character. The principle on which it operates is the precedence of European law over Romanian law. Grounded in jurisprudence, this principle states that a mandatory norm of European law cannot be overruled by national juridical norms, prior or subsequent. In a general overview in the spirit of continuity (since it had carried over the majority of the provisions of the old Regulation no. 44/2001), Regulation no. 1215/2012 is one of the main levers of realization of the sphere of freedom, security and justice by means of civil and commercial cooperation. The Regulation identifies explicitly the applicable matters, as well as the excluded matters; it enunciates the principle of determining the territorial jurisdictional competence and the exceptions to this principle. It represents a normative instrument of continuity, coherence and flexibility, aimed at establishing uniform rules for the Member States of the European Union. It is considered the core of European judicial cooperation in the aforementioned directions – civil matters and commercial matters. The domicile of an individual is the main criterion for determining international jurisdictional competence (general competence). The special rules of international jurisdiction of Romanian courts include three categories: exclusive jurisdiction in matters of personal status; exclusive jurisdiction in certain matters of patrimonial action; preferential jurisdiction in expressly mentioned cases. The exclusive jurisdiction of Romanian courts is grounded on two principal binding points: Romanian nationality (exclusive personal jurisdiction) and domicile in Romania (exclusive jurisdiction concerning some patrimonial actions). The cases of preferential jurisdiction are listed together with their limitations and the NCPC includes 14 situations of preferential jurisdiction. Another detailed provisions concerned the juridical regime of international jurisdiction and the incidents in the civil international litigation.
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The purpose of this article is to introduce a range of notions regarding the perception of women's breasts in public and in private. Breasts have played an important role in defining specific functions of the female body, while at the same time they are of enormous cultural significance. This paper is an attempt to present the diversity of historical and cultural exemplifications of constructs of the breast. Over the centuries, female breasts have alternately been denounced as wanton or idealised as givers of strength or life, or - in a decidedly erotic context - treated as a naked symbol of sex. This quality of womanliness, stripped of its sanctity, became a playground of male desire, and in western culture assumed a predominantly erotic sense. The article discusses the phenomenon of breast fetish, understood as a culturally constructed obsession in which canons of beauty, sexuality, the practice of breast feeding and breast cancer all intermingle.
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Since the political transformations of 1989 much has changed in the organisation of social life as well as in the area of mentality. Religious attitudes among Polish Catholics have also modified. The faithful in Poland have diversified and shown many a new face, and this religious diversity among the Poles has also resulted in a different approach to the religious rites themselves. As a result of these changes, there are now different types of religiousness focusing diverse communities. Three main perspectives of Polish Catholicism have emerged: liberal and open, conservative and traditional, and occasional Catholicism. These three types of Polish Catholicism relate to the different attitudes and behaviours displayed by Polish Catholics. The main goal of this analysis is to present and describe not only the three different types of Polish Catholicism, but also their associated religious practices and behaviours. The analysis of contemporary religious rites among Polish Catholics will include visual materials. The photographic documentation was taken in Krakow and Warsaw during Corpus Christi processions and during visits to graves on Good Friday.
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The paper tackles the celebrating of a town's own holiday, the creation of a new communal custom. The analysis of different Polish towns' holidays shows that their rituals are based on town history and the local sanctity. The holidays combine different ludic and educational forms, and contain aspects of family festivities, parish fairs, performance and play. Town days are artificial holidays during which local governments relate to historical events or 'originate tradition' in order to create local identity and promote the town. The townspeople do not always accept holidays created in this way.
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The article presents two important traits of contemporary culture: the role of performance seen in reenactments, and sensuality (or even multi-sensuality) in the reception of culture, which is highly visible in the role played by food, in culinary practices and in related activities. A comparison of these phenomena with the 18th-century customs described by Jędrzej Kitowicz shows some similarities related to performance and sensuality, but at the same time one can see important cultural differences, deriving for example from the pace of contemporary life and deficit of time. Of importance in both cases is the social (societal) dimension, i.e. the role of social relations, social bonds, togetherness and community.
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This article focuses on describing the educational activities of women's religious orders. Its aim is to reveal these practices from an anthropological perspective, to reconstruct the social picture of the nun as a teacher, and to indicate where this image derives from. Interviews conducted with sisters and lay persons provided the material for analysis. The paper is based on fieldwork carried out from 2006 to 2009 among selected women's orders in Kraków.
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The paper deals with conceptual heterogeneity within the field of sociology of customs or folkways as suggested by W.G. Sumner. The development of folkways reaches back to 18th century ethology, exemplified in Poland by the first attempt at a systematic description of customs made by Father Kitowicz. Ultimately three ways are suggested: the typological and statistical description of folkways and their patterns, including the habitus equivalent to ethos; the study of self-reflection on the folkways represented not only by ethos and law but also by sexology and gastronomy; and the study of underlying structures exemplified by the structural anthropology of C. Lévi-Strauss.
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The aim of this article is to evaluate modern and postmodern patterns of living space (especially the bedroom area) by reconstructing and examining some of its key aspects. In the first part, I concentrate on the emergence and existence of the private sphere of the home and analyse a fragment of Jędrzej Kitowicz's treatise on different forms of sleeping. In the second part, I examine the transformation of the pre-modern pattern of home space, which took place in the 19th century. Finally, I explore contemporary organisation of the living space and I also analyse a fragment of a press article on how to create an ideal and stylish bedroom. This process requires individuals to choose and make decisions associated with their lifestyles and personality. It also reflects significant phenomena in postmodern society: individualization, abstract systems and reflexivity.
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