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Comparative Law in a Changing World. Historical Reflections and Future Visions. Fünftes Symposium der Juristischen Fakultät der Georg-August-Universität Göttingen mit der Yonsei Law School (Seoul), Gunnar Duttge, Ji-Yun Jun (ed.)

Author(s): Karol Dąbrowski / Language(s): Polish Issue: 46/2019

Review of: Karol Dąbrowski - Comparative Law in a Changing World. Historical Reflections and Future Visions. Fünftes Symposium der Juristischen Fakultät der Georg-August-Universität Göttingen mit der Yonsei Law School (Seoul), Gunnar Duttge, Ji-Yun Jun (ed.), „Göttinger Juristische Schriften“ Bd. 25, Universitätsverlag Göttingen, Göttingen 2019, ss. 114.

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Natura prawna zobowiązania lekarza weterynarii do dokonania badań i wydania orzeczenia o stanie zdrowia zwierzęcia w prawie niemieckim i polskim

Author(s): Andrzej Dzikowski / Language(s): Polish Issue: 53/2021

The professional practice of a veterinary surgeon covers various areas of interest, one of which is issuing decisions (medical reports) on animal health based on performed tests and examinations. Elements of the veterinarian’s obligation are complex and multifaceted. The study aims to define the nature of this obligation unambiguously. There are three possible ways of classification: as an obligation to act diligently, as an obligation of result, and as a mixed obligation. Adoption of each of these models implies different liability regimes for a potential breach of contract. According to the author’s opinion, it is correct to define the obligation in question as a mixed one. Only the third of the analyzed models take into account the complexity of the research subject and allows for a broad scope of responsibility.

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Dematerializacja akcji spółek niepublicznych – ewolucja czy rewolucja?

Author(s): Maciej Węgierski / Language(s): Polish Issue: 53/2021

On March the 1st of 2021, the shares of all joint-stock companies and limited joint-stock partnerships were dematerialized. According to the legislator, the introduced amendment was supposed to be evolutionary, but the introduced legal norms revolutionize the way companies operate in terms of share registration by introducing a register of shareholders. The article presents doubts as to the legal consequences arising in connection with the amendment to the Commercial Companies Code, including their compliance with the Constitution. The amendment introduced, contrary to the legislator’s claims, is not evolutionary, but revolutionary, and has not been preceded by an analysis of its impact on the functioning of joint-stock companies and limited joint-stock partnerships. Should be assessed as critical transfer of competence quasi-governmental authority to private entities engaged in the register of shareholders without the introduction of an appropriate system of judicial supervision.

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Pojęcie utworu w systemach prawnych Polski i Francji

Author(s): Izabela Dobosz / Language(s): Polish Issue: 3 (243)/2020

Review of: Izabela Dobosz - Elżbieta Czarny-Drożdżejko: Utwór i przedmioty praw pokrewnych w systemie polskim i francuskim, Wyd. Naukowe UPJP II, Kraków 2019.

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UMOWY DOWODOWE W SPRAWACH GOSPODARCZYCH – REFLEKSJE NA TEMAT NOWEJ INSTYTUCJI W POSTĘPOWANIU CYWILNYM

Author(s): Anna Haciuk / Language(s): Polish Issue: 29/2020

The purpose of this article is to introduce the new institution in commercial proceedings – evidentiary stipulations. The article presents the views of the Polish doctrine that have evolved over the years as to the admissibility of concluding evidentiary stipulations in civil proceedings, where these considerations primarily concerned evidentiary stipulations as to the choice of evidences and evidentiary stipulations as to the distribution of the burden of proof. The article describes the general characteristics of evidentiary stipulations, and then discusses in detail the regulations introduced in this respect in commercial proceeding.

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ZARZUT POTRĄCENIA JAKO PODSTAWA POWÓDZTWA OPOZYCYJNEGO PO ZMIANACH WPROWADZONYCH NA MOCY USTAWY Z DNIA 4 LIPCA 2019 R. O ZMIANIE USTAWY – KODEKS POSTĘPOWANIA CYWILNEGO ORAZ NIEKTÓRYCH INNYCH USTAW (DZ.U. 2019, POZ. 1469)

Author(s): Andrzej Olaś / Language(s): Polish Issue: 29/2020

This article discusses the issue of the set-off defense as the basis for an action to limit or cancel the enforceability of an enforceable title after amendments as provided for pursuant to the Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts. The purpose of the article is to indicate the basic interpretative issues emerging from the regulations contained in the Article 840 § 1 item 2 of the Code of Civil Procedure which are likely to pose major problems in its practical application and to offer some reasoned proposals for their solution in a manner consistent with theoretical assumptions and at the same time as useful as possible for judicial practice in the civil proceedings.

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ERBSCHAFT- UND SCHENKUNGSTEUER IN POLEN UND IN DEUTSCHLAND. KONSTRUKTIONSELEMENTE DER STEUER: STEUERPFLICHTIGER, STEUERGEGENSTAND, UNBESCHRÄNKTE UND BESCHRÄNKTE STEUERPFLICHT, ERBSCHAFT- UND SCHENKUNGSTEUER BEI NACHERBFOLGE. ERSTER TEIL

Author(s): Stefan Babiarz / Language(s): German Issue: 30/2020

The following conclusions can be drawn from a comparison of the structural elements of the tax structure in the Polish and German Acts on the tax on inheritance and donations: - there are no significant differences in the design of the taxpayer and the object of taxation (and the existing ones are related to different civil law solutions – donation in case of death, agreement as to succession), - the difference is in the taxation of subsequent succession, not provided for in the Polish civil law, and in the taxation of specific bequest, unknown in the German law, - the tax point is determined differently, as the German Act already taxes the due revenue (legitim), However, the German Act provides less favourable solutions for taxpayers in terms of e.g. the subject and object of taxation. It is, therefore, considered to be restrictive for taxpayers.

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ERBSCHAFT- UND SCHENKUNGSTEUER IN POLEN UND IN DEUTSCHLAND. KONSTRUKTIONSELEMENTE DER STEUER: STEUERPFLICHT, BESTEUERUNGSGRUNDLAGE, STEUERBEFREIUNGEN, STUNDUNG UND ERLASS DER STEUER, STEUERKLASSEN, FREIBETRÄGE, INSTRUMENTALPFLICHTEN. ZWEITER TEIL

Author(s): Stefan Babiarz / Language(s): German Issue: 30/2020

From the comparison of the structural elements of the tax structure, the Polish and German inheritance and donation tax acts, the following conclusions can be drawn: - the German law – unlike the Polish law – allows for the recognition of inheritance and donation tax paid by a German citizen abroad at the taxpayer’s request, - the German act provides for an earlier tax point in the case of acquisition by inheritance than in Poland – it is the moment of opening the inheritance, - German law does not provide for the institution of re-emergence of the tax obligation, - in the German act, there is no broad subjective exemption, as in the Polish one, and in the case of the acquisition of an enterprise (current assets), it does not always provide for a full exemption, and the conditions for the exemption are stricter than in the Polish one, - in the German Act on inheritance and donation tax in a different way, considering not only classification to the tax group, thresholds for tax-free amounts have been defined, - the exemption of pension assets is provided for in the German law, and not, as in the Polish solution, in the Personal Income Tax Act, - the German Act on Inheritance and Donation Tax provides for different legal institutions that - do not exist in the Polish law, such as deferral or remission of tax, - instrumental obligations have been regulated differently in both acts, it seems that the German law is not as strict in this respect as the Polish one, and the tax declaration and tax declaration in the German act do not mean the same legal institutions as in the Polish act. Generally speaking, however, beneficial for taxpayers of inheritance and donation tax in Poland is a solution that covers all (in principle) cases of free acquisition of property and property rights.

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DECYZJA O ZEZWOLENIU NA LOKALIZACJĘ OBIEKTÓW BUDOWLANYCH W PASIE DROGOWYM JAKO ŹRÓDŁO PRAWA DO DYSPONOWANIA NIERUCHOMOŚCIĄ NA CELE BUDOWLANE

Author(s): Jacek Piecha / Language(s): Polish Issue: 30/2020

The article presents the problem of the interpretation of art. 3 point 11 of the polish Construction Law act. Abovementioned provision statues the definition of the notion of “right to use the real property for construction purposes”. Literal wording of art. 3 point 11 may seemingly indicate that this right may be arised only from private (civil) law’s legal relationships. This paper aims to indicate that such interpretation of the art. 3 point 11 of the Construction Law act is incorrect. The author proves that the administrative act like the permit for building structures localisation in the road lane (statued in the Public Roads Act) may be considered as independent source of the investor’s right to use the real property for construction purposes.

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UREGULOWANIA PRAWNE NADZORU NAD POMOCĄ PUBLICZNĄ

Author(s): Bartłomiej Wiklański / Language(s): Polish Issue: 30/2020

The author discusses the issues of supervision performed by authorized state administration bodies and European Union bodies regarding state aid. For this purpose, an analysis of legal acts, jurisprudence and doctrine was carried out, at national and EU level in the context of capturing mechanisms that have a determining influence on the subject matter. Teleinformation systems related to the registration processes of the aid granted will also be presented.

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Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions

Author(s): Marija Zrno Prošić,Raško Radovanović,Robert Kordić / Language(s): English Issue: 22/2020

Gun jumping is a term which describes the premature realization of a merger before obtaining a merger clearance from the relevant competition authorities. In the last years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and punishing gun jumping cases. Recognizing this interest and the need for practical guidance, the article first gives an overview of gun-jumping evolution through case law. It then points to different merger filing thresholds in the region, and implications they could have for gun-jumping issues, to show that despite the commercial and historical common ground in the region, merger filing thresholds do differ significantly between the countries, in a way which requires a cautious and sometimes challenging structuring of M&A activities with regional reach. Based upon an overview of individual gunjumping cases in the region, but taking into account the EU precedents, the article provides recommendations how to avoid gun-jumping risks.

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Jurgita Malinauskaite, Harmonisation of EU Competition Law Enforcement

Author(s): Monika Woźniak / Language(s): English Issue: 22/2020

Review of: Monika Woźniak - Jurgita Malinauskaite, Harmonisation of EU Competition Law Enforcement, Springer, 2020, p. 285

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Jasminka Pecotić Kaufman, Vlatka Butorac Malnar, Dubravka Akšamović, Competition Law in Croatia

Author(s): Marco Botta / Language(s): English Issue: 22/2020

Review of: Marco Botta - Jasminka Pecotić Kaufman, Vlatka Butorac Malnar, Dubravka Akšamović, Competition Law in Croatia, Kluwer Law International 2019, p. 232

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Legal Comparison of Freedom of Expression and Freedom of the Press in the Republic of Armenia and in the Republic of Poland

Author(s): Wojciech Lis / Language(s): English Issue: 1/2020

Freedom of expression and freedom of the press form guarantee and emphasize the democratic character of a state. The dissemination of information and opinions is a prerequisite of democracy, which essentially requires that citizens be guaranteed the possibility to participate in public affairs. An opportunity to learn some information and opinions is of paramount importance for broadening knowledge, sharpening the critical mind, shaping one’s own views and making rational and informed choices. For full access to information and opinions circulating in the public, it is necessary that it should be made public and media and their journalists will make it in the best way. The aim of this study was to compare constitutional legal solutions concerning freedom of expression and freedom of the press and the way they are effectuated in practice in the Republic of Armenia and in the Republic of Poland.

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Regionalisation, Federalism and Local Governance: Comparative Analysis of the Subnational Units

Author(s): István Hoffman / Language(s): English Issue: 1/2019

Federalisation, regionalisation and local governance has been an important issue of legal and administrative sciences. Although the differences of decentralised and federal systems have remained, several transformations could be observed and in several countries the model of the public administration has changed in the last decades. A convergence or hybridisation of the models can be observed: the competences of the municipal bodies have been strengthened. Although the boundaries between municipalities and member states of the federation have blurred in the governance of these entities, the legal distinction between them remained solid: the regional municipalities with broad competences do not have their statehood.

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Particularităţile regimului contractual al locaţiunii în legislaţia diferitor state, a opt state europene cu diferite nivele de dezvoltare

Author(s): Alexandru Secrieru / Language(s): Romanian Issue: 3-4/2020

Real estate location is sometimes the real alternative to temporary ownership in many countries. A small proportion of real estate, namely rented housing hinders the efficiency of the real estate market. The reasons for this may be of different natures, but certainly most of them are of a legal nature. A real estate lease must be legally protected, stabile, flexible, and accessible to tenants. This article examines some key legal features of several countries, from Europe three countries with the highest proportion of rented housing and five countries in southern Europe with low proportions of renting properties, trying to find common ground to encourage or discourage citizens from opting for renting a property instead of buying it.

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Samobójstwo wspomagane w prawie polskim oraz niemieckim. Uwagi na tle wyroku Federalnego Trybunału Konstytucyjnego

Author(s): Katarzyna Doroszewska / Language(s): Polish Issue: 2 (16)/2020

The article concerns the issue of admissibility of assisted suicide in Poland and Germany. The main research question is the possibility of accepting the right of an individual to commit suicide and to apply for help of the third party in this matter. The analysis of this issue has been made by comparing Polish and German regulations, with particular attention paid to the judgment of the Federal Constitutional Court issued in February 2020. The existence of the right to suicide would have to inﬂuence the perception of not only the suicide itself and the possible provision of medical assistance to persons committing a suicide attack, but also assisted suicide in form of providing resources or assistance to persons intending to commit suicide. Before the judgment was delivered, the legal assessment of such behaviour under German law depended on the relationship between the person who provided the assistance and the suicide - the institutions which provide assistance for suicide in an organised manner (for example the Swiss association „Dignitas”) were prohibited. In Poland, on the other hand, there is a dispute concerning the assessment of assisted suicide – part of the doctrine considers this to be an activity prohibited by Article 151 of the Polish Penal Code, while others considers that this provision does not apply to aid granted at the initiative of a future suicide. Therefore, the German experience is helpful in assessing the issue of admissibility of assisted suicide, especially discussion about the former regulation. The article presents criminal law regulations in both countries and an analysis of the adoption of the right to commit suicide in the Polish legal system.

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RUSSIA, THE EUROPEAN UNION AND NATO. FLEXIBILITY AND FIRMNESS

Author(s): Koeck Heribert Franz / Language(s): English Issue: 1/2021

The political system of Russia as it has been built up by Putin and which favors the enrichment of a tiny minority around Putin depends on the latter’s ability to keep the standard of living of the average citizen on an acceptable level. This has worked during the first years of Putin’s rule at the turn of the millennia, but was then due to Russia’s rich income from the export of oil and gas. At that time, the Putin government missed the opportunity to modernize Russia’s infrastructure; and when the price of oil and gas on the world market fell to an unexpected low for an unprecedented length of time, Putin was not able to keep the standard of living at its former level. Since this led to protests and was likely to endanger Putin’s rule in Russia, he accused “foreign powers” with interfering in Russian affairs and of threatening the “natural Russian interests” in former Soviet republics bordering on Russia.Ever since the tensions in the Caucasian region originating from Russia’s support to separatists who really or allegedly wanted break away from Georgia resulting in the Caucasian War of 2008, Putin has tried to destabilize other successor states of the Soviet Union if their governments were tending to the West and expressed aspirations to becoming integrated into the European Union and members of NATO. Ukraine is an alarming example of what could happen to these countries if they ignore Putin’s wishes.The West is called upon to render, to such countries, all the support necessary to withstand Russia’s pressure. This would keep Putin’s foreign ambitions at bay because he is not eager to get into a serious conflict with the West, a conflict which would be likely to undermine the domestic political system in Russia and endanger the grip of Putin and his clique on the remaining wealth of Russia. For this reason, Putin’s military posturing should not be taken too serious and should not keep the West from standing up against any of Russia’s imperialist threats.

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THE HISTORICAL FUNDAMENTS OF THE ENVIRONMENTAL LAW. FROM THE OLD ROMANIAN LAW TO MODERN AGES

Author(s): Ramona Duminică,Daniela Iancu / Language(s): English Issue: 1/2021

A good elaboration, understanding and application of any legal norm cannot be achieved without knowing the evolution from the historical perspective of that norm. The importance of identifying the historical foundations of Romanian environmental law cannot be disputed. A legal institution always has deep roots in past institutional forms and their knowledge contributes to the formation of a complete vision of the institution in question.Starting from these considerations, the current article proposes a foray into the history of environmental protection regulations, starting with the old Romanian law and until the adoption of the reform legislation of Alexandru Ioan Cuza.

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Recunoașterea și executarea sentințelor arbitrale digitale

Author(s): Ionela-Diana Patrasc-Balan / Language(s): Romanian Issue: 4/2020

The development of international online commerce has led to the shift of disputes arisingmainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digitalforeign arbitral award rendered following an online arbitration (e-arbitration) may be enforced incase of voluntary non-enforcement on the territory of a foreign state, following the recognition andenforcement procedure.One of the reasons that the party opposed to the digital arbitral award mayinvoke to block this procedure is the lack of formal validity of the arbitration agreement concludedby electronic means. This article aims to examine the regulatory framework within which a statecourt will examine the formal validity of the digital arbitration agreement and the extent to whichthis ground for refusal of recognition can be found to be well-founded.

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