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The aim of the present book is to give an outline of Polish Commercial Law in English language. The book follows the usual sequence of lectures on Commercial Law in Poland dividing the content in two parts. First part is on entrepreneurs mainly partnerships and companies as the most important forms of organization of business and second part is on commercial acts especially contract. The latter part includes also chapters on securities as wall as on prevention of unfair competition and on trademarks. I will be happy if the book serves all those students who learn Polish law in English as well as students who set off to study abroad in English and seek books that could acquaint them with English legal terminology. Hopefully the work can also be of help to foreigners, especially foreign entrepreneurs who want to engage in business activity in Poland and need basic knowledge of Polish Commercial Law, as well as to legal practitioners who have to explain the institutions of Polish Law to their foreign clients.
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The purpose of the EUROCORES research project 10-ECRP-028 “International Law through the National Prism: the lmpact of Judicial Dialogue” under the direction of Professor Anna Wyrozumska was to explore the contribution national courts of Central and Eastern European States have made to the development of international law. The focus was placed on the broadly understood judicial dialogue as a means used by the courts in this respect. This volume presents the results of the first, empirical, stage of research and the information resulting from the survey conducted on the basis of the questionnaire addressed to country rapporteurs from the Czech Republic, Hungary, Lithuania, Poland, and Russia. This “raw data” was the basis for the research conducted within the whole project and the analysis presented in the monograph Transnational Judicial Dialogue on International Law in Central and Eastern Europe.
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We are presenting to Readers the work which is a result of co-operation between Polish and Ukrainian specialists in jurisprudence. The texts which are presented in this monography are an example of pursuing a postulate of external and internal integration of jurisprudence. In our opinion, the theses presented in it have a chance of becoming an important voice in discussions on various forms of law violation and use of loopholes in law (law avoidance, abuse of law, tax avoidance etc.). Undoubtedly, the theses also constitute an interesting view from the perspective of an analysis of the legal transformation process in the countries of Central and Eastern Europe (especially Poland and Ukraine).
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The first chapter touches upon the issue of internal law regulations. The chapter discusses, among other things, the topic of the subjective scope of functioning of such normative regulations. Chapter two, in turn, presents two models of organizing the administration system: centralized and decentralized. Central state authorities functioning in the centralized model of administration can issue internal law regulations. In chapter three, the author elaborates on the concepts of “the act of implementation of the law” and “the legislative act.” Chapter four discusses the issue of the legal authorities of professional associations constituting public authorities, legally entitled to issuing acts of implementation of the law. The author presents the legal basis for the functioning of legal authorities of professional associations which represent people in public trust professions. Moreover, the chapter includes an overview of resolutions of the legal authorities of public trust profession associations in the context of the constitutional freedoms of the individual. In chapter five, in turn, the author introduces the topic of the constitutional rule of the freedom of business activity in the case of people in legal public trust professions. Moreover, the author touches upon the notion of the material and formal aspect of the limitation of business activity in the case of people in legal public trust professions.
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This book aims at studying the evolution of the internal market of the European Union, analyzing how to harmonize the national laws of the Member States on the free movement of goods, persons, services and capital and then proposing to increase administrative convergence between Member State administrations, from the desire to increase the degree of integration and interconnection of states within the single market. This research carried out contributes to the opening of new research directions in the field of European Union law: regulating the convergence between the economies of the European Union states that make up the European Economic Area; interdisciplinarity in the study of the European Union. The book contributes to the development of sub-issues of European Union law - the Law of the internal market of the European Union, which until now has not received any particular attention from the doctrine, although practice has shown that there are many problems that call for in-depth research to provide solutions to increase efficiency in the functioning of the single market.
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This dissertation aims to answer the question of whether Marceli Chlamtacz may be considered a scholar who made a significant contribution to the development of Roman Law studies and if so, why he is not as well remembered as other Polish Romanists of his time. The dissertation presents not just the silhouette of Marceli Chlamtacz, but also – most importantly – his scientific output. Furthermore, an attempt has been made in the dissertation to determine whether Marceli Chlamtacz treated research into Roman Law as a dogmatic analysis of specific legal institutions detached from his times, or whether he considered it as a means to understand and shape the law of his own times. The dissertation presents also Chlamtacz’s scientific relations with other Roman Law scholars. The dissertation encompasses an introduction, four chapters, and a conclusion. The first chapter presents a biography of Marceli Chlamtacz. It illustrates not just his road to earning his professorship in Roman Law, but also describes the period of his life that was devoted to the city of Lviv, whose devoted citizen he was. This chapter furthermore presents an analysis of his didactic activity and outlines the thematic scope of his lectures and issues discussed therein. The second chapter concentrates on Marceli Chlamtacz’s academic output in the field of property law. This part of the dissertation discusses his work on traditio in Roman law, based on which he was granted his venia docendi in Roman Law. Moreover, it presents a detailed analysis of Chlamtacz’s works on profits, focusing not just on his own output, but also on its reviews. The chapter closes with an analysis of the scholar’s other works, less closely related to Roman Law. The third chapter encompasses an analysis of Marceli Chlamtacz’s works on liabilities and obligations. It focuses on his habilitation lecture on contractual penalty, and his dissertations on guarantees, real contracts and means of redress. It also discusses his shorter works, such as entries published in Encyklopedia Podręczna Prawa Prywatnego [Compact Encyclopaedia of Private Law], as well as other articles. This chapter furthermore includes an analysis of reviews of M. Chlamtacz’s works. Chapter four offers an analysis of reviews and review articles by Marceli Chlamtacz. These works have been divided into thematic categories encompassing the history of Roman Law, procedure and personal law, property law, law of liabilities and obligations, inheritance law, and other works.
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The European Union has a unique institutional framework aimed at promoting its values, pursuing its objectives and supporting its interests, its citizens and Member States, as well as ensuring the coherence, effectiveness and continuity of its policies and actions. The first Community institutions were created by the Treaty establishing the Coal and Steel Economic Community (from 1952, which established the coal and steel market), respectively the Treaty establishing the European Atomic Energy Community (from 1958, which established a generalized European common market). to the entire economy and to the field of atomic energy). Each treaty subsequent to the institutional treaties of the European Communities has contributed to the development of community institutions and the elimination of trade barriers between Member States with the aim of increasing economic prosperity and contributing to a "deeper union between the nations of Europe".
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In the Polish science of constitutional law, the systems of Southeast Asian states have so far received little attention. The monograph presents an outline of the functioning of the constitutional systems of selected democracies in the region. When choosing countries for research, the most important criterion was the influence of the colonizing state’s constitutional system on the current condition of a given state. The constitutional systems of Malaysia and Singapore have been analyzed where a parliamentary model with the cabinet as the head of the executive was adopted based on the Westminster system of government. Meanwhile, East Timor, which has a constitution strongly modelled on the Portuguese Basic Law, remains an important reference point for Singapore. Thailand is unique in the sense that it has never been formally colonized but – when adopting the first constitution in 1932 and the second in 2007 – it also used the Westminster model. he deliberations presented in this work are an introduction to further research on the constitutional systems of Southeast Asian countries. More importantly, they set the stage for an analysis of the functions of parliaments in the democracies discussed.
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Using an interdisciplinary research apparatus, the author conducts an economic analysis of labor market regulations, focusing on Polish collective labor law in the field of trade unions, strikes and employee participation. Above all, the theoretical framework of considerations is institutional economics and economic analysis of law.
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The author presents the directions of changes in proceedings dealing with convicts for crimes committed in connection with addiction. He presents the evolution of security measures applied to these types of perpetrators, and assesses the accuracy of the adopted statutory solutions.
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The description of the corrective-compensatory mechanism in the Polish system of financing local government units and the analysis of the Constitutional Court Jurisdiction in this regard. The general rules for financing local government units at the level of fundamental laws in decentralized countries as well as doctrinal and axiological bases for the compensatory mechanism with regard to 1997 Constitution and Polish Constitutional Court Jurisdiction.
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The authors analyse various aspects of life imprisonment sentence from the soft law perspective and examine the Strasbourg Court judgements issued in cases submitted by prisoners serving such sentences. They describe cases which indicate problems connected not only with this most severe punishment. They emphasise the fact that administering absolute life sentence without the possibility of conditional release is in contradiction to the imposed punishment.
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A collection of articles showing the directions of development of modern penitentiary policy and new problems related to the execution of imprisonment, which appeared in Poland in connection with the political changes of the last 25 years, and in the world - in connection with the pursuit of the widest possible consideration of human rights in dealing with convicts. Penitentiary policy was presented as knowledge belonging to the broadly understood humanities and drawing inspiration from it, because recently there has been a tendency in the literature to identify penitentiary policy with dogmatics and doctrine of executive criminal law, which limits its scope to the juridical aspects of punishment execution. The authors pay attention to axiological premises, social processes, cultural changes and practical solutions that sanction the norms of executive criminal law and the rules of dealing with convicts. The Department of Penitentiary Law and Policy was established in October 1962 at the Faculty of Law of the University of Wrocław on the initiative of Professor Stanisław Walczak. It was the first scientific and research center dealing with prison issues in Poland, located within university structures. In this way, the postulate of many generations of penitentiaries who, from the mid-nineteenth century, made efforts to make this field of knowledge an independent scientific discipline and to introduce it to the group of humanities and academic education programs, was fulfilled. Less than three years later, the Department of the same name was established at the Faculty of Law of the University of Warsaw, also thanks to the efforts of Professor Stanisław Walczak, who was not only its head, but also a teacher and patron of the generation of penitentiaries educated at universities. In 1972, the Department became part of the then newly established Institute of Social Prevention and Rehabilitation at the University of Warsaw, where to this day its employees continue the work started 50 years ago.
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A monographic study in the field of penology, i.e. the science of punishment and punishment. It presents the problem of punishment from a broad perspective of the philosophy and sociology of law, in the context of contemporary mechanisms of social control.The book is a comprehensive penological study of punishment theory and penal culture. The issue of criminal punishment is presented in the context of criminal law science, but also shows, from a sociological and penitentiary perspective, the relationship between criminal punishment and penal law and the more general problem of institutionalizing violence in social life.
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The first part of the book contains experts’ opinions about passing life imprisonment sentence as well as researching and diagnosing the convicts. The second, empirical part contains case studies of the convicted. The publication concentrates on murderers and habitual criminals, who are often not susceptible to resocialisation.
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Зборник радова Право, традиција и промјене резултат је научног ску- па који је под истим називом одржан на Правном факултету Универзитета у Источном Сарајеву, у Палама, октобра 2019. године. За овај скуп пријављено је 75 реферата, од 90 аутора и коаутора, из осам држава (Босне и Херцеговине, Србије, Словеније, Хрватске, Црне Горе, Сјеверне Македоније, Руске Федерације и САД). У раду скупа учествовало је више од 60 референата, а у овом зборнику у два тома објављујемо 45 реферата. Научни скуп је организован осми пут поводом Дана Правног фа- култета, а у септембру 2019. године, Министарство за научнотехнолошки развој, високо образовање и информационо друштво Републике Српске категорисало га је као научни скуп са међународним учешћем, што је најбоље категорисан научни скуп који организује један факултет друштвених или хуманистичких наука у Републици Српској. Очекујемо да ће у октобру 2020. године, научни скуп бити категорисан као међународни научни скуп, чему ће свој допринос дати не само организатор скупа и приређивач овог зборника, него и сви учесници научног скупа и аутори реферата у овом зборнику.
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The book presents some selected thoughts and writings about the creation of the State of Scanderbeg and the law applied during the life of this state. At the center of the paper is presented the way and the reasons which led towards the creation of the state of Scanderbeg along with the main features of this state, including state institutions, as well as the law created and applied in the territories of this state. The authors contextualize this within the framework of the work that was done by several known authors that have dealt with Scanderbeg. Altogether have described Scanderbeg using various resources but with different methods which lead to a conclusion that Scanderbeg was one of the most important personalities in the fifteenth century who managed to stop Turkish invasion towards the west for 25 years. Thus the attributions as new Alexander the Great or the Athlete of Christ stand rightfully to this person who by created a unique state standing the in first line of front against the ottoman invasion.
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The author attempts to address the problem of using digital evidence in Polish criminal trial from the perspective of the third decade of the 21st century. He discusses technical as well as penal and procedural issues, considering the need to reconcile theory and practice. Digital evidence, a frequent component of contemporary criminal proceedings, is an extremely complicated matter from the perspective of forensic science. The reflections are supported by empirical data obtained during 2019 research, which was conducted through analysis of the final court proceedings.
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