Adam Mickiewicz University Law Review
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Sukcesja państw po rozpadzie Socjalistycznej Federacyjnej Republiki Jugosławii
Get PDFThe Socialist Federal Republic of Yugoslavia ceased to exist in 1991, though some topics concerned with the succession of its constituent states were not regulated for a long time afterwards. This issue and the efforts to solve it were examined by the Arbitration Commission of the Peace Conference on the former Yugoslavia. When answering all the related questions, the Arbitration Commission used as a basis the 1978 Vienna Convention on the Succession of States in respect of Treaties and the 1983 Vienna Convention on the Succession of States in respect of State Property, Archives and Debts. The final solution to the problem of SFRY succession was found in 2001 when the Agreement on Succession Issues was signed, although it came into force three years later. There were no problems with the succession of citizenship. Under the 1974 Constitutional Act of SFRY, there were two citizenships in the federation – federal and republican. Therefore, after the breakup of Yugoslavia, republican citizenship became the citizenship of a new state
Приобретение права собственности на плоды, продукцию и доходы по российскому гражданскому праву
Get PDFThe aim of the study is to evaluate the acquisition of right in rem in the Russian Federation. The author focus on the selected rights in rem acquisition forms in the Russian civil code in order to present the general principles the lawmaker get
Les conséquences du renversement de la charge de la preuve dans le contexte des arrêts de la Cour de justice de l’Union européenne - Asociaţia Accept (C-81/12) et Galina Meister (C-415/10)
Get PDFThe author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a person presenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a personpresenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12)
Объекты государственной собственности
Get PDFThe study aims at an evaluation of the state property right in the context of its object. The author analyse the features of the state property right according to the object it is related to
Общественные блага и трагедия общин – проблема общей собственности
Get PDFThe aim of the study is to evaluate the selected issues concerned with the functioning of the notion of common good in relation to the co-ownership. The author presents the construction of this two forms with a special emphasis on the social aspect of the common good in the public space
The Abstraction Principle and the Separation Principle in German Law
Get PDFThe aim of the study is to evaluate the selected principles applied in German law system – the abstraction principle and the separation principle. Presenting the proposed subject the author focus on the obligatory and dispositive legal acts and practical dimensions of the functioning of the selected principles
Договор ACTA - защита интеллектуальной собственности или попытка ограничения свободы в интернете?
Get PDFThe aim of the study is to analyse the Acta Agreement in the context of the question whether it is a form of protection intellectual property rights or an attempt to limit Internet freedom. The author presents the Acta Agreement content, concerns about it, social reaction and European Union standing
Некоторые международно-правовые аспекты режима Арктики
Get PDFThe aim of the study is to evaluate the selected international aspects of Arctic legal regime. The author presents the Arctic as a land of special feature because of its location. The author focus on the selected law acts, regulating its status
European Union Policy towards the Pacific Island States
Get PDFThe article concerns the idea as well as the form of international cooperation between states and international organizations, illustrated by the example of the relationship between the European Union and the Pacific region. There is some useful literature on the subject but this needs be to completed. The influences of the world’s leaders collide on the Pacific Ocean, which gives this area primacy in geopolitical domination, slowly downgrading the Atlantic Community. The main purpose of the paper is, therefore, to research the possibilities and methods of legal and extrajudicial cooperation between two continents which are very distant from each other. This work underlines the difference between official policy, presented by the regional intergovernmental organizations, and the individual policies of member states, who are not tied down by Brussels politics and may maintain their own foreign relations.The article concerns the idea as well as the form of international cooperation between states and international organizations, illustrated by the example of the relationship between the European Union and the Pacific region. There is some useful literature on the subject but this needs be to completed. The influences of the world’s leaders collide on the Pacific Ocean, which gives this area primacy in geopolitical domination, slowly downgrading the Atlantic Community. The main purpose of the paper is, therefore, to research the possibilities and methods of legal and extrajudicial cooperation betweentwo continents which are very distant from each other. This work underlines the difference between official policy, presented by the regional intergovernmental organizations, and the individual policies of member states, who are not tied down by Brussels politics and may maintain their own foreign relations
К вопросу о защите права общей долевой собственности
Get PDFThe aim of the study is to evaluate the form of co-ownership in the civil law of the Russian Federation. The author present the concept of sharing property right and the problems related to with a special emphasis on the protection of the right to property, vindication and invalidity of transactions