Adam Mickiewicz University Law Review
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The International Legal Issue of Attribution of Conduct to a State – The Case Law of the International Courts and Tribunals
Get PDFThe article aims to broaden the subject of the attribution of conduct to a State by pre-senting different grounds for attributing State responsibility. It surveys main the prin-ciples of attribution, which were affirmed in international judicial decisions and specifies circumstances which extend beyond the general rule under which States incur responsi-bility only for the conduct of its organs. The provisions of the Articles on the Responsi-bility of States for Internationally Wrongful Acts constitute a primary point of reference of the research and are followed by examples of their practical application
Uznanie dziecka według przepisów Kodeksu rodzinnego i opiekuńczego w świetle regulacji prawa prywatnego międzynarodowego
Get PDFThe paper discusses the current issues on recognition of paternity in the light of children’s rights. It identifies the proper tools necessary for determining paternity and maternity and highlights their growing importance in connection with common migration and free movement of persons in the EU. The issue of establishing the law applicable to the content or the form of declaration of paternity is presented based on judicial practice. 34 E. Skrzydło-Tefelska, op. cit., s. 149–150.106 | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza The paper describes the relationship between recognition of paternity and the process of establishing citizenship and the conditions that must be fulfilled to obtain legal residence in Poland. The conclusions de lege ferenda call for changes in the acquisition of Polish citizenship by operation of law by a child who has been recognized by a man of Polish citizenship. Currently, this possibility is limited by the annual date on which it is necessary to recognize to change a citizenship of a child by la
The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas
Get PDFThe paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained
Prawo do zapłodnienia in vitro w Polsce i na świecie
Get PDFIn vitro fertilization involves many issues that need to be regulated by law. The main one is the status of the embryo and arising from it other concerns such as cryoconservation of embryos, assisted reproductive techniques, gamete donation, surrogacy, or preimplantation diagnosis. This paper surveys the legal regulation of in vitro fertilization at different levels of the law systems, from international standards, through regional regulations, to the national law
Digital Currencies Trading under Polish and EU Public Law
Get PDFDigital currencies are a worldwide phenomenon gaining an increasing interest among investors, economists and legal scholars. They are used mainly as a new mean of ex-change and as a new way of investing funds, since the rapid changes in their value allow to gain extraordinary profits. Up to this point the legal status of digital currencies has not been clearly established under neither Polish nor EU public law, although some of the existing regulations may be indirectly applied to them. Under current regulations digital currencies cannot be treated as a legal mean of payment, as an electronic money nor a financial instrument. Creation of a complex regulation regarding digital currencies and granting administrative authorities supervisory powers over their trade seems to be necessary. Because of the evolution of financial markets, classifying digital currencies as financial instruments is a possible way of regulating their trade
Legalność stosowania środków przymusu bezpośredniego w kontekście gwarancji konstytucyjnych Studium proceduralno-prawne
Get PDFState bodies have a right to resort to state compulsion, i.e. to a group of compulsion means which are an attribute of the state only. One of the most severe forms of state compulsion is direct compulsion which is applied predominantly by public officials in order to protect the rights and liberty of an individual and to ensure public safety. These means are designed to force a person to subordination to the commands based on law, which may entail the use of physical force. The purpose of this paper is to present the procedure and rules of using direct compulsion means and to discuss the level of legal interference in the individual’s rights and liberty.State bodies have a right to resort to state compulsion, i.e. to a group of compulsion means which are an attribute of the state only. One of the most severe forms of state compulsion is direct compulsion which is applied predominantly by public officials in order to protect the rights and liberty of an individual and to ensure public safety. These means are designed to force a person to subordination to the commands based on law, which may entail the use of physical force. The purpose of this paper is to present the procedure and rules of using direct compulsion means and to discuss the level of legal interference in the individual’s rights and liberty
The Development of the American Private Sector in Relation to International Law. From the First Artificial Satellite to The American Space Commerce Free Enterprise Act
Get PDFThe active development of technology enbled mankind to realize new programs for the exploration of previously inaccessible areas of the universe hundreds of thousands of kilometers away. The emergence of this new field created the need to ensure its special legal regulation, which would correspond to the specific characteristics of this business. But now we have entered into a phase of re-evaluation of existing legislation of space and we must realise that alongside countries operating in space an has arisen entirely new entity - the private sector. Therefore it is necessary to ask ourselves whether the privatization and commercialization of outer space is legally possible and if it is not pre-cluded by existing treaties. The draft of the latest US Commercial Space Act is undoubt-edly a great advance for key areas of the private sector activity such as remote sensing and new space missions. It provides a sense of confidence for entrepreneurs by strictly regulating issues related to the supervision of private sector entities. However, on the in-ternational scene the question has arisen of whether this act is contrary to international law, especially principles contained in existing space law treaties
The Legal Concepts of Online Commerce
Get PDFThe aim of the study is to present the selected legal concepts of online commerce. Elec-tronic commerce is still a relatively young, and thus only emerging, field of legal and economic marketing. Nevertheless, it exerts a serious and enormous influence on the entirety of social, economic and legal relations on a global scale. Bearing in mind this as-sumption the author pays attention to the selected topics of online commerce that leads to a conclusion that the existing legal and jurisprudential traditions are able to adapt to new, specific challenges posed by the development of technological civilization
Umowny limit świadczeń zdrowotnych finansowanych ze środków publicznych a bezpodstawne wzbogacenie pacjenta
Get PDFThe paper describes the behavior of a patient who in order to obtain medical benefits simulates symptoms which, according to special medical knowledge could be recognised as a threat to life or health. The main problem arises when despite the fact that the limits of medical benefits financed from the public funds have run short, a medical doctor, wishing to fulfil his statutory duty, decides to render medical assistance to such patient. Whether that assistance was really indispensible can only be determined after the patient has been thoroughly examined. It may then be too late, though, and the doctor may face serious difficulty in being reimbursed by the National Health Fund, or, if there was no actual threat to patient’s life or health, such compensation for rendered service becomes out of reach. The author analyses the abovementioned situation from the civil law point of view.The paper describes the behavior of a patient who in order to obtain medical benefits simulates symptoms which, according to special medical knowledge could be recognised as a threat to life or health. The main problem arises when despite the fact that the limits of medical benefits financed from the public funds have run short, a medical doctor, wishing to fulfil his statutory duty, decides to render medical assistance to such patient. Whether that assistance was really indispensible can only be determined after the patient has been thoroughly examined. It may then be too late, though, and the doctor may face serious difficulty in being reimbursed by the National Health Fund, or, if there was no actual threat to patient’s life or health, such compensation for rendered service becomes out of reach. The author analyses the abovementioned situation from the civil law point of view
Elektrownie wiatrowe a inwestycje celu publicznego
Get PDFOn 22 December 2011, the Ministry of Economy presented a draft law on Renewable Energy Resources (RES), which fits into the discussion on the recognition of wind power plant as an investment of a public purpose (IPP). The author is of an opinion on that a wind power plant cannot be considered as an IPP for legal, rather than technical reasons. The investor’s objective is to obtain an outline planning decision, not a decision on the location of an IPP, which might otherwise prolong the investment process