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The paper indicates instruments of possession protection as well as description of their distinctive or dependent character. The differences between an owner-like and a subsidiary owner have been defined. Self-help nature was shown as an operating tool without authorities' approval. A time relationship nature was described, which must occur between threat and action. Moreover, a variety of rights concerning real property and movable property was mentioned. Also a distinction between self-help and self-defence was indicated. The development of self-help in Poland was described, as well as its progress from ancient times. Additionally, self-help was defined and its publication in provisions of Civil Code. Persons authorised to possession protection, were mentioned, including a term of owner, co-owner, holder, and a holder of precarium. The paper also describes premises concerning infringement of movable property and real property possession, as well as immediacy. Also a legal nature of an aggressor and a person entitled to protection was discussed.
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The objective of this paper is to analyse the influence of ownership transformations in an airline industry, that can be observed nowadays, on the jurisdiction performed by states regarding offences committed on board of an aircraft. In the light of 1963 Tokyo Convention, each state is authorized to apply its law (broad jurisdiction) to all persons, things and activities within its territory (territorial jurisdiction), and to its citizens and legal persons wherever they are or act – including national ships and aircrafts – even if they are outside their home country (flag state competence). But are the states of registration of an aircraft really interested in exercising their jurisdiction on offences committed on board of an aircraft, if this aircraft is used by a foreign entrepreneur? Therefore, it should be noted that bilateral and multilateral agreements in the field, in particular those relating to regular air services, are of a major importance for the nationality of aircraft operators, and that the ownership of an aircraft is considered to be: indirect, alternative or parallel to the issue of the ownership of an aircraft company.
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The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer’s compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability.
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The article refers to activities designed to improve child support collection in Poland. The main focus is on the solutions in the 2007 Act on support for persons entitled to alimony. The main part of the article presents the problems related to the activities carried out by municipal authorities of municipalities towards child maintenance debtors while trying to assess their impact on the eectiveness in collecting child support. The key issues include: alimony interview, professional activation of the unemployed child support debtor, interception of the debtor’s driving license and entry in debtor registers kept by credit information bureaus. Apart from the doctrine and jurisprudence, the article also features statistical information on the implementation of the 2007 Act
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The conclusion of a contract is the ultimate goal to which the negotiating parties aspire. As opposed to the ultimate contract, preliminary agreements are concluded in the course of negotiations. The ultimate contract defines the final form of the rights and obligations of the contracting parties. Where it concerns preliminary agreements, the assent of the parties does not encompass everything that is necessary for the existence of the contract. Hence, the preliminary agreements imply the fact that the process of negotiating is not finished and that the parties still have to reach further consensus so as to arrive at the desired goal, if they ever do. Among preliminary agreements, we distinguish the three following types: 1. An agreement to negotiate, 2. a partial agreement and 3. an agreement on form (which accompanies the agreement on the substance). One should mention that neither the classification nor the legal terminology is uniform in this field, and that different types of preliminary agreements occur in our law, as well as in other legal systems, and that different terms are used for almost the same types.
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With the Law on the Modernisation of the Law of Obligations, which came into force on January 1, 2002, the provisions on limitations contained in the general part of the German Civil Code underwent thorough changes. The former regulations were a compromise of rules that were valid in different areas (Partikularrechte), prior to the unification of Germany until January 1, 1900. The new changes rely less on European law, (which contains only provisions on the limitation of claims for defects in goods sold to consumers), than on comprehensive discussions, which started early in the eighties, with suggestions for conducting a thorough reform of the German Civil Code. With regard to the duration of limitation, the new rules substantially simplify the previous provisions. Whereas in the former, attention was mainly focused on the interruption of the limitation period, and which was regulated in a comprehensive form, now, in contrast, the phenomenon of the suspension of the limitation is the predominant idea. The introduction of the subjective element, that is to say, the knowledge of the claim and of the defendant, changed the entire system. This gave rise to several problems, not least procedural ones that were not reviewed in cases, till now. Whereas the German system considers knowledge as an objection (exceptio), the Lando Commission, on the contrary, takes the lack of knowledge as grounds for suspension of the limitation period.
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It is commonly said that silence is a sign of approval. In the current Law of Contracts (civil and commercial), the general rule is that the silence of an offeree does not mean assent. From that point of view, the silence of an offeree produces the same legal effects as the refusal of an offer. The general rule on silence is envisaged in our Code of Obligations in Article 42, paragraph 1: The silence of an offeree does not mean assent to an offer. Besides that, paragraph 2. contains a rule of great significance, according to which: "A clause in an offer that the silence of the offeree or some other omission by him will be considered as acceptance (for instance, if he does not refuse the offer by a certain date or does not return the goods sent to him with the offeror's intention to conclude a contract, etc.) has no legal effect."
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This paper discusses the problems that arise in the present-day Law of Obligations, in connection with the classification of contracts into nominate and innominate contracts. The analysis contains a theoretical examination of the said contracts, their sub-types (linked, joined, mixed and atypical), their qualification and interpretation, the conflict of laws in the domain of contracts, particularly in view of public policy. Without referring to the classic institutions of obligation, i.e. contractual law, it is difficult or even impossible to understand the changing nature of contractual relations in our times, especially because they seem to be taking on completely new forms. What appear to be quite new forms of innominate contracts, often on the very boundaries of public policy (public order),fair dealings, and prohibited contracts impose the need for a thorough and theoretical re-examination of the old classification of contracts into nominate and innominate. In fact, those modern, apparently, completely new contracts can be reduced to a kind of sub-type, which is between classic nominate and innominate contracts. This premiss could have significant, practical consequences because the legal life of such a contract will largely depend on the application of one or the other theory, e.g. the theory of absorption or the theory of combination, with the possibility of relativising clear-cut types of contracts (e.g. the theory of absorption with certain specificities). It goes without saying that all of this, significantly eases the practical understanding and treatment of such contracts, especially from the viewpoint of the basic and, in a certain sense, most important question -- their permissibility.
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The author believes that state-owned construction land should be transferred to the ownership of local councils, under the condition that the councils cannot sell it but thereby acquire the right of construction, as is the case in many European countries that have applied this or similar institutions during the XX century for resolving social and communal needs. Based on this right, the construction lot is acquired (for a small monthly fee) which enables them to obtain a credit with a mortgage. In this way, the prices of the buildings or apartments are reduced and enables the sale thereof by instalments even during construction. Therefore, this right is used particularly for the purpose of cheaply building apartments and small residential houses. As for big construction land owners (towns and municipalities), which as a rule do not have the necessary investment capital, by establishing the right of construction, they channel the town rents into the construction of cheap apartments, communal infrastructure and suchlike, and when the right of construction expires, ownership of the building reverts to the council for an adequate fee.
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This paper discusses the influence of a testator's motives on the validity of a will. The introductory explanations deal with Art. 53 of the ZOO (Law on Obligations), which envisages that a prohibited motive will render gratuitous promises null and void if it has essentially influenced the donor's decision to make such a promise. The author goes on to analyze the distinction between the cause and the motive, and the ratio legis of the different treatment of an prohibited motive in contracts and gratuitous promises. In practice, the most important problem is to establish the testator's motives. The motives are the personal domain of the testator and, as such, they may not be known to others. Even so, it is the court's obligation by means of any evidence at all to establish the specific motives that led the testator to draw up his will.
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СРЈНајпре бисмо укратко указали на правна средства у парничном поступку који могу бити: 1) редовна правна средства и 2) ванредна средства.
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The so-called landscape resolution, which has been introduced to the Act on SpatialPlanning and Management in September 2015 by the Act of 24 April 2015 amending certain acts in relation to strengthening landscape protection instruments, is one of the instruments that allows to exercise the municipality’s planning authority. It establishes rules and conditions concerning the location of objects of the so-called “small architecture” such as advertising boards, advertising devices and fences, their size and weight, quality standards and types of building materials they can be made of. In normative reality the freedom regarding regulations included in a landscape resolution meets a number of material and formal constraints resulting from the provisions of the Act on Spatial Planning and Management as well as the provisions of separate statutes and constitutional principles affecting the whole legal order. In some cases, the above mentioned legal conditions exclude some of the findings which, according to the provisions of the Act on Spatial Planning andManagement, may be included in the landscape resolution.
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The paper analyzes the provisions of the Civil Code of the Russian Federation concerning the elements of transaction form. In particular, the essence of these elements has been investigated. Differences of the consequences of incompliance with them have been analyzed. It has been established that the notarial form of transaction consists of general (document, party signature, and seal impression) and special (notary certification statement) elements. Incompliance with the special element of the notarial form only results in its voidability. In its turn, incompliance with other (general) elements of the notarial form characterizes it as void. It has been emphasized that the transaction can be considered void only upon conclusion and can not be void in case it is not concluded. Using these rules, as considered by the author, favors uniformity in interpretation and application of legal regulations in courts.
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The paper considers one of the most important legal means increasing the efficiency of activity in a commercial organization, i.e., pretrial procedure for settlement of contractual disputes, which is beyond the scope of legal regulation. Data on the evolution of its legal-regulatory framework in post- Soviet Russia have been provided. The regulatory potential and economic efficiency have been studied. The author is convinced that using pretrial procedure allows to settle disputes out of court and, thus, cut down costs of a commercial organization, as well as contributes to reducing tension without causing a complete termination of business relations. Practical problems of handling pretrial procedures in a company, its local and regulatory framework, and synchronization with claim and contractual activities of a corporate legal department have been discussed. It has been suggested to use a differentiated approach regarding the nature of the agreement and actual relations between the parties when constructing the contractual terms of pretrial procedure for dispute settlement. The article specifically covers the consequences of non-compliance with the pretrial procedure if such compliance is mandatory. It has been concluded that there is a direct relation between legal activity in a company and the sphere which is conditionally called legal management.
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The paper is devoted to new contractual constructions in the Civil Code of the Russian Federation, i.e., the option to conclude a contract and an option agreement. The relevance of the study is determined by the high potential of option agreements, as well as by the possibility of their active use in civil circulation and, at the same time, the insufficient development of their concept and legal nature. The study has been performed with the aim of forming a comprehensive idea of the subject and other essential conditions of option agreements. The paper examines the possibility of choice in civil law. The interrelation of organizational contracts and option agreements has been analyzed. The essential conditions for option agreements have been defined. Based on the results of the study, the following conclusions have been drawn. Option agreements are not a kind of organizational agreements, since, as a rule, they are compensatory. The Civil Code of the Russian Federation does not contain certain requirements to the essential conditions of option agreements, except for the terms of the subject matter. However, for option contracts, in contrast to the option of contracting, it is suggested to include, in addition to the subject matter, the condition of contract term and option premium in the essential conditions. This is due to the double nature of the contract, which includes both the option and the underlying obligation under which the option contract is concluded. The conclusions are not final, and the problem under study will be the subject of further research. The results obtained are of great importance in the light of the reform of civil legislation of the Russian Federation.
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The paper aims at establishing the legal nature of charging interest payable under loan agreement. In order to fulfil this aim, the term “interest payable” has been analyzed. The characteristics of operational remedial actions and civil legal liability have been considered. Based on the obtained results, it has been concluded that charging interest payable is a measure of civil legal liability. The results of the study are very important for both legal science and practice, because the following grounds are needed for civil legal liability: a) loss; b) wrongfulness of conduct by the offender; c) cause-and-effect relationship between this conduct and subsequent loss; d) guilt of the offender. Furthermore, other circumstances must be taken into account, such as: a) reducing liability in case of mutual guilt of the obligor and creditor; b) cases of limited liability.
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The problem of climate change cannot be solved by any single country. Because of the global dimensions of climate change, policymakers have attempted to address it at an international level through treaty law. The Unit¬ed Nations Framework Convention on Climate Change (UNFCCC) and the agreements under it form the core international legal response to climate change. Opened for signature in 1992, the UNFCCC has 195 Parties (194 nation-states and 1 regional economic integration organization, the European Union), and thus includes nearly every country in the world. The law relevant to climate change is not just environmental. Greenhouse gas emission stem from behaviors at the core of economies around the world, and the effects of climate change will fundamentally alter life in many places. A legal treatment of climate change must think comprehensively and creatively about what types of law help to frame the problem and must be involved in solutions.
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This article contains analisis on the legal character of the decision on environmental impact assessment for individual projects based on current provisions and legal practice as well as on the amandments to these provisions, expressed in 23 of November 2015 Act on amandment of the so called environmetal assesment Act of 3 October 2008. The latter Act introduces specific provisions, which adjusts the shape of the decision on environmental impact assessment for individual project to European Union provisions and which clarifies issues presumed as unclear.
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Zrealizowanie marzenia o własnym mieszkaniu nie jest łatwe, a już na pewno nie jest tanie. Problem jak zdobyć własne „M” dotyczy około 1,7 mln gospodarstw domowych w Polsce1 i nawet optymistyczne szacunki, przewidujące oddawanie do użytku co najmniej 150 000 mieszkań rocznie nakazują przyjąć, iż nie zostanie on rozwiązany w ciągu najbliższych dziesięciu lat. Na taki stan rzeczy składa się szereg czynników, których samo tylko wyliczenie daleko przekraczałoby zakres niniejszego opracowania. Dość wskazać, iż w rezultacie potencjalny nabywca, dysponujący nawet odpowiednimi środkami, niejednokrotnie staje przed wyborem: architektoniczna pamiątka po czasach świetności wielkiej płyty lub przysłowiowa już „dziura w ziemi” od dewelopera, która za pewien czas ma stać się jego mieszkaniem.
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