Adam Mickiewicz University Law Review
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Some unresolved complexities in matters involving paternity: a South African Perspective
Get PDFA controversial aspect regarding paternity in South African law is whether or not South African Courts are empowered to compel an adult or a minor to submit to DNA/blood tests. The High Courts were not unanimous in this regard, and thus the issue required clarification by the Supreme Court of Appeal (SCA). An opportunity presented itself for the SCA to not only address the issue of the use of DNA/blood tests in paternity matters, but several other issues surrounding paternity. The judgment by the SCA has, it is argued, unfortunately resulted in more questions than answers
The formation of Gratian’s Decretum as an example of the vitality of Roman law
No full textThe formation of Gratian’s Decretum as an example of the vitality of Roman law Gratian’s Decretum was one of the most significant legal collections in the history of canon law and was the foundation of canon law science. It was compiled in about 1140 as the consequence of many important factors. Firstly, the creation of Gratian’s Decretum was the result of various trends appearing in the history of canon law. Secondly, Decretum was an answer to the changes taking place in the Catholic Church in the 11th and 12th centuries. Finally, the formation of Gratian’s collection was related to the revival of Roman law: the teaching of Irnerius’s work recovered Roman law and the relations between canon and Roman law. Decretum became a sign of the vitality of Roman law and the beginning of canon law. The importance of Gratian’s work consisted in the method of proceeding with legal sources. The new method resulted from both scholars’ achievements and those of medieval Roman jurists
Share capital in a limited liability company – an effective form of creditor protection?
No full textThis article deals with a draft bill amending the Code of Commercial Companies and the ongoing debate on the planned amendment which includes a proposal to remove a fixed minimum of share capital in limited liability companies. The most important issue under consideration in this paper is the protection of a company’s creditors. The author of the following article, referring to a number of already published statements concerning the draft bill, summarizes the ongoing discussion about the role and the functions of share capital and the proposed new instruments for strengthening creditors’ protection
The novelties in the legislation of the Russian Federation on public financial control
Get PDFThe article studies the new legislation of the Russian Federation on public financial control. The author justifies the idea of reforming financial control through the need to fight corruption, which has obtained a warning scale in Russia and threatens the state’s foundations. The article contains an analysis of the powers vested in external and internal state financial control institutions, of entities subject to control and methods of control. The author notes that representations and ordinances issued by control and accounting institutions, based on the results of control activities, are designed to force the violators of financial discipline to eliminate the revealed violations. The author concludes that the necessary condition for effective implementation of public financial control is its clear legal regulation. The article stresses that the improvement in financial control in Russia is based on clearly stated principles, in accordance with international legal principles of independent auditing (control)
Municipality (State Treasury) in the class of persons entitled to restitution of expropriated real estate
No full textThe paper aims to describe a legal problem in the application of rules governing the restitution of expropriated real estate - namely a situation in which one of the entities entitled to restitution of expropriated property, turns out to be a municipality or the State Treasury, as a statutory heir of the previous owner. Usually, the State Treasury, as one of the heirs, does not have an interest in supporting the request for the restitution of expropriated property.The author is of the opinion that the proper interpretation of rules governing the restitution of expropriated real estate requires the assumption that whenever one of the statutory heirs turns out to be the State Treasury, consent to request a restitution of expropriated real estate by the State Treasury is not required. In the absence of such an agreement, the competent authority is obliged to grant the restitution of the expropriated real estate to all heirs
The President of the Energy Regulatory Authority in relation to energy policy in Poland
No full textThe subject matter of the essay is the tasks of the President of the Energy Regulatory Authority in relation to energy policy in Poland. The essay is divided into two parts. The first part presents basic information about the national regulatory authority, regulation and kinds of energy policy. The second focuses on the tasks of the President of the Energy Regulatory Authority in various areas, such as: energy effectiveness, energy security, renewable forms of energy and competition in the energy market. The article examines the tasks carried out by the President in the past and those which must come into force in the future to modernize the Polish energy market. Finally, the author thrashes out the legal relations between the functions of the President of the Energy Regulatory Authority and the aims mentioned in Polish energy policy. The author pays special attention to the problems of liberalisation in the energy market in Poland
Pojęcie przedsiębiorstwa i zorganizowanej części przedsiębiorstwa na gruncie prawa podatkowego
Get PDFThe purpose of this study was a presentation of the concept of an enterprise and the concept of an organized part of an enterprise in Polish tax legislation. The study focused on The Personal Income Tax Act, The Corporate Income Tax Act, The Goods and Services Tax Act and The Tax on Civil Law Transactions Act. An interpretation of the aforementioned concepts in the jurisdiction of Polish courts was also presented. Furthermore, another aim was to look at the concept of an enterprise and the concept of an organized part of an enterprise from the point of view of European Union law. The study also tried to answer the question of whether The Goods and Services Tax Act and The Tax on Civil Law Transactions Act are compatible with European Union la
State Immunity or State Impunity? Human Rights and State Immunity Revisited in the ICJ’s Judgment on the Case of the Jurisdictional Immunities of a State
Get PDFThe paper aims to comment on the judgment of the International Court of Justice of 2nd February 2012 in the case of Jurisdictional Immunities of the State between Germany and Italy from the perspective of the problem of jurisdictional immunity. In its decision concerning compensation for atrocities suffered by Italian citizens during World War II granted by Italian courts against the German State as well as the execution of the analogical decisions of Greek courts, the International Court of Justice upheld the immunity of the German State. The compensation sought by the plaintiffs in the national proceedings was to redress massacres on the civil population, deportations and forced labour. In its decision the Court analyzed the exception proposed by Italy in three strands which, according to the Respondent, cumulatively would result in an exception to the rule of state immunity. Firstly, the acts giving rise to the Italian claims constituted grave violations of humanitarian law; secondly, the rules of law violated constitute peremptory norms of international law; thirdly, no other form of redress was available rendering the exercise of jurisdiction by the Italian court to be a measure of a last resort for the victims.The paper aims to comment on the judgment of the International Court of Justice of 2nd February 2012 in the case of Jurisdictional Immunities of the State between Germany and Italy from the perspective of the problem of jurisdictional immunity. In its decision concerning compensation for atrocities suffered by Italian citizens during World War II granted by Italian courts against the German State as well as the execution of the analogical decisions of Greek courts, the International Court of Justice upheld the immunity of the German State. The compensation sought by the plaintiffs in the national proceedings was to redress massacres on the civil population, deportations and forced labour. In its decision the Court analyzed the exception proposed by Italy in three strands which, according to the Respondent, cumulatively would result in an exception to the rule of state immunity. Firstly, the acts giving rise to the Italian claims constituted grave violations of humanitarian law; secondly, the rules of law violated constitute peremptory norms of international law; thirdly, no other form of redress was available rendering the exercise of jurisdiction by the Italian court to be a measure of a last resort for the victims
Postmortem conception of a dead husband’s semen as a particular example of medically assisted procreation
No full textThe paper covers issues concerned with the postmortem conception of a dead husband’s semen as a particular example of medically assisted procreation. For this purpose it examines the possible varieties of postmortem conception with legal and factual circumstances of entities who are participating in such a procedure. Ethical aspects and questions which arise from allowing or prohibiting postmortem conception are also described. The paper presents important issues which postmortem conception causes in many areas of law, including an understanding of the principle of the best interests of the child. The paper then explains the legal situation of a child born as a result of postmortem conception under Polish law. It contains important foreign and Polish case law and cites the most important opinions of experts in the discussed topic
Agreement on the use of land for the construction and operation of renewable energy installations – selected legal aspects
No full textThe paper presents an analysis of the legal nature of an agreement on the use of land for the construction and operation of renewable energy installations, especially wind farms. In particular, it focuses on the legal significance of the Supreme Court judgment of 5 October 2012 (IV CSK 244/12), which ruled that such an agreement cannot be regarded as a lease. The author seeks to identify the possible practical consequences of this judgment and propose legislative measures to ensure the sustainability of such agreements, and thus the investments which go with them as well as to analyze the legal term fructus in the civil law in the context of this judgment