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The reason we begin this study is developing economic, commercial, socio-cultural relations between Iraq and Turkey. Increasing investment in immovables in both countries has increased the importance of immovable property.
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The convalidation of marriage in canon law is a process where the invalidly contracted marriage becomes validly contracted in the light of law. The author of this article analyses the notion of the convalidation of the marriage, basing on Polish canon law literature and on opinions of different authors. In canon law there are considerable differences between two kinds of the convalidation: convalidatio simplex and sanatio in radice. In Polish literature there exists only one word denoting these two kinds. This institution is of vital importance in canon law, as it has a legal effect on the marriage, which de facto exists in reality.
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The article shows a scientific approach which is rarely discussed. A legal and canonical analysis concerns a form of the proclamation of the Word of God which occurs during a retreat exercise. The article discusses etymology and a definition of retreat; retreat norms of universal law of the Church and the law of the particular Churches are invoked. The subject and content of the retreat are presented, their division (open, semi-open and closed) is made and then a possibility of practising retreat on the Internet is shown.
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The article discusses the problem of familiar features of the proceedings in default in Roman law (especially in Justinian’s law) and the medieval canon law. The starting point of this analysis is can. 40 of the Fourth Lateran Council (1215). The undertaken study has shown that the reception of Roman legal solution by the legal system of the Church was not only mechanical, but it was also situated in the context of adapting ancient legal provisions to the doctrinal needs of the Christianity.
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The subject of the analysis is the legal regulations regarding religious freedom in Spain. The first part is dedicated to article 16 of the Constitution in which the Spanish legislative body placed the declaration of the separation of the Church from the State and guaranteed religious freedom. The second part is a discussion on the regulations given in the Organic Law of Religious Freedom of November 5, 1980. It is development and precise explanation of the constitutional guarantees contained in article 16. The analysis is structured in the following order: a) an objective and subjective scope of the statutory guarantees regarding religious freedom in Spain; b) protection of religious law by the State; c) legal identity, autonomy, inner structure of the religious groups; d) juridical instruments for implementing cooperation between state authorities and religious groups in Spain.
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The issuing of interpretations by bodies of a territorial self-government which act as tax interpretation organs, in a normative field of their performance as tax bodies, justifies the general naming of these interpretations: self-governmental interpretations of tax law provisions. In the range of issuing individual interpretations by self-governmental tax bodies, apart from giving them in art. 14j § 1 of the Polish tax law a status of tax interpretation bodies, the binding law stipulates, in relation to legal regulations of chapter 1a section II of the Polish tax law, some peculiarities and specific features in the range of: interpretation subject, application for and proceedings to be issued an interpretation, which have been discussed in this paper.
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Javier Barnes has distinguished three generations of the administrative procedure. The aim of this essay is to examine the Polish Administrative Procedure Code and some other Polish statutes in terms of those three generations of the administrative procedure. The first generation of the administrative procedure is the oldest one. It is a typical adjudication procedure model where a public authority issues a formal and binding administrative decision addressed to an individually designated addressee, also called command and control in the Anglo-Saxon legal language. The Polish Administrative Procedure Code contains the first generation procedure regulations only. The second generation, i.e. rule-making procedure, is not expressly specified in the Code, though it is present in the Polish administrative law system. There is a number of statutes comprising substantial administrative regulations aiming to protect such values as public safety, health, etc. Unlike in the instance of the first generation, it results in producing an administrative act designed to address a wider and abstractly named audience, instead of a specifically identified legal and/or natural person. The third generation of the administrative procedure consists of making a public policy and implementing the procedure and it is the most complex legal regulation of the administrative activity. The best example of law containing such a sophisticated procedure in Poland is the Act on the provision of information about the natural environment and its protection, public participation in environmental protection and environmental impact assessment (Journal of Laws of 2013, item 1235, as amended) of 3 October 2008.
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The study is aimed at presenting a group of instruments used in Polish administrative law to protect a family. The main focus is placed on showing a variety of plans, programmes, strategies and other similar forms of activity of public administration, which are issued by the state administration and self-government administration. Special attention is paid to a legal nature of plans and tasks connected with planning.
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In his book “Law & Revolution” Harold J. Berman ventures an opinion that certain sociopolitical transformations of XIth and XIIth century had a formative character for subsequent Western history. Emerging profession of lawyer (decretists) played a fundamental role in that upheaval, called by Berman a revolution. Moreover, Berman is trying to connote that with the creation of universities and, more generally, modern science. In my article I will try to investigate different meanings of revolution in Berman’s argument and its general structure.
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That metaphors are a part of law seems to be commonplace nowadays. Nevertheless, the extent of their influence is not commonly acknowledged. The three types of metaphors: (1) verbal, point metaphors, (2) systemic, thinking changing, model metaphors and (3) hidden systemic, conceptual metaphors are here associated with the distinction between what is said and how it is said and between a conscious and unconscious message delivery – all of them of particular relevance to a legal discourse. Not all types of metaphors can (and should) be dispensed with. In some negative cases the only way to reduce their adverse effects is to provide tools to detect them. The definition proposed may serve this purpose. As an illustration, the paper points to some ordinary situation giving rise to metaphoric reasoning which leads to quite unpredictable (misleading) conclusions.
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The study deals with a phenomenon of responsibility. It distinguishes between natural responsibility and moral responsibility or legal responsibility (liability). The central intention of the text is to reveal that responsibility does not refer only to moral or legal dimensions. The natural responsibility is greater (more important) than the moral responsibility or legal one. What is more, both the moral responsibility and the legal responsibility are changeable. The natural responsibility instead, is constant and concerns all the mankind in the same way.
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The study introduces the rules of liability for failure to perform an obligation to prevent damage to the environment and an obligation to repair damage to the environment, which is subject to regulation by the Act of 2007 on the prevention of environmental damage and the repair of damage to the environment. It is primarily the responsibility of an administrative nature. The author emphasizes a narrow approach by the legislature to the concept of damage to the environment and the complexity of the issue of liability in case of breach of the environment or its element.
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Coherent thoughts about the truth seem to be more difficult than about any other abstract concepts. According to some fundamental presuppositions, the truth should be one and in a sense unchangeable. On the other hand, even a simple observation suggests something opposite – the truth seems to be variable and relative and that is why given in some different, alternative forms. The paper deals with all the above mentioned problems and other relative ones concerning the truth. The entire discussion coincides with an ancient dictum being the title of the article.
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The feminist critics of western epistemology reveal political implications of a conception of truth. As a consequence of this a legal process is also in a broad sense inflicted by politics. The feminist jurisprudence claims that the modern law is founded on patriarchal values and interests and neglects voices of social groups which are located on the edge of the society.
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The ethos of the lawyer in western societies is mainly founded on a culture of the Enlightenment. In effect, it tends to treat law in a purely rational and instrumental manner. The Law and Literature movement, as opposed to this traditional approach, searches for lost dimensions of the lawyer’s ethos, trying to discover interpretative, rhetoric and narrative aspects in the practice of law.
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Concepts of material and formal truth have a long and well-grounded tradition in the doctrine of law. It seems, however, that they need some clarification and conceptualisation in purely philosophical and logical terms. In this paper, we propose such a theoretical analysis. These considerations are followed by a review of the key aspects of the current Polish legislation, which is written from the point of view of the conclusions reached through the first level of analysis.
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In the literature and jurisprudence there are distinguished two opposite principles ruling over revealing the truth: a material truth principle (objective) and a formal truth principle (procedural). In the proceedings based on the material truth principle, judicial decisions in the matter of the actual state should reflect the reality. The judge aims to clarify all circumstances essential to solve a case in order to reveal a really existing legal relation bounding both parties to litigation. On the other hand, in proceedings based on the formal truth principle, judicial decisions in the matter of the actual state should only reflect the factual material and evidence gathered by the parties. In the study there is presented an evolution of norms and doctrinal opinions in the matter of the endeavor to establish the truth in civil proceedings connected with amendments to the Civil Procedure Code in 1996, 2000, 2005 and 2012.
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The purpose of the paper is to analyze, how rules of the burden of proof and rules of the burden of argumentation justify a thesis, which is found as a true statement by court. Two concepts of the truth discussed in the Polish civil procedure (the objective/material truth and the judicial truth) are compared in connection with the rules of the burden of proof and the burden of argumentation. The rules of burden of proof and the rules of the burden of argumentation are constitutive rules. They state under what conditions a thesis counts as justified. The justification of a decision of applying law based on the rules of the burden of proof or rules of the burden of argumentation is institutional, not substantial.
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Wzajemność umowy ubezpieczenia budzi wątpliwości w doktrynie. W ostatnim czasie zdaje się jednak przeważać pogląd akceptujący wzajemny charakter umowy ubezpieczenia. Autor niniejszego artykułu jest jego gorącym zwolennikiem.
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