Adam Mickiewicz University Law Review
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The legal nature and substantive consequences of the records in section ‘IIdentification of real estate’ in the mortgage register
No full textThe article deals with the controversies concerning the legal nature of the records in section ‘I- Identification of real estate’ in the mortgage register, which implicitly determine the reach of the rights disclosed in other sections, and may be of importance for both the legal presumptions pertaining to these rights and the principle of public credibility of the register. Having discussed the administrative regulation of the land and building register as well as procedural mechanisms for making records in section I of the mortgage register, the author continues to analyze the view of the doctrine on the legal importance of factual data in this section, divided according to their effect on the principle of public credibility and legal presumptions of the mortgage register
The freedom of navigation on international rivers. The Oder case before the Permanent Court of International Justice
No full textThe aim of the article is to present the issue of the freedom of navigation on international rivers in the context of the Oder case brought before the Permanent Court of International Justice in 1929 – a case of utmost importance for the development of the law of international watercourses and contemporary international law applicable to water resources. The author analyses the provisions of the Treaty of Versailles which declared the Oder to be an international river and put it under the jurisdiction of an international commission. The territorial jurisdiction of the International Commission of the River Oder was disputed between Poland and Germany, leading to the aforementioned proceedings before the PCIJ. The author presents the arguments put forward by both parties, the legal context of the case – in particular the provisions of the Treaty of Versailles and of the Barcelona Convention – and analyses the Court’s judgment. An analysis of the judgment is carried out, having recourse to the main concepts of the law of international watercourses.The aim of the article is to present the issue of the freedom of navigation on international rivers in the context of the Oder case brought before the Permanent Court of International Justice in 1929 – a case of utmost importance for the development of the law of international watercourses and contemporary international law applicable to water resources. The author analyses the provisions of the Treaty of Versailles which declared the Oder to be an international river and put it under the jurisdiction of an international commission. The territorial jurisdiction of the International Commission of the River Oder was disputed between Poland and Germany, leading to the aforementioned proceedings before the PCIJ. The author presents the arguments put forward by both parties, the legal context of the case – in particular the provisions of the Treaty of Versailles and of the Barcelona Convention – and analyses the Court’s judgment. An analysis of the judgment is carried out, having recourse to the main concepts of the law of international watercourses.The aim of the article is to present the issue of the freedom of navigation on international rivers in the context of the Oder case brought before the Permanent Court of International Justice in 1929 – a case of utmost importance for the development of the law of international watercourses and contemporary international law applicable to water resources. The author analyses the provisions of the Treaty of Versailles which declared the Oder to be an international river and put it under the jurisdiction of an international commission. The territorial jurisdiction of the International Commission of the River Oder was disputed between Poland and Germany, leading to the aforementioned proceedings before the PCIJ. The author presents the arguments put forward by both parties, the legal context of the case – in particular the provisions of the Treaty of Versailles and of the Barcelona Convention – and analyses the Court’s judgment. An analysis of the judgment is carried out, having recourse to the main concepts of the law of international watercourses
The adversarial principle, the evolution and current shape of civil procedure – outline of subject matter
No full textThe adversarial principle has a long tradition in Polish civil procedure. It was one of the main principles under the Polish Civil Procedure Code of 1930. Later on, the change of the state system to socialism brought significant modifications to the shape of the subject principle. Due to the different bases of socialist civil procedure, the adversarial principle was almost completely forgotten. It was later resurrected, with another change of state system. The contemporary lawmaker is much interested in shaping the adversarial principle in the right way. The latest amendments to the Polish Civil Procedure Code of 1964 were focused on creating the proper bases for the functioning of the courts and for proper regulations regarding parties remaining active throughout the process. The presented analysis leads to the conclusion that the adversarial principle is, and always has been, of very high importance to civil procedure
The problem of “legal bigamy” in the light of the rulings of the District Court in Poznan
No full textThe purpose of the paper is to present the problem of so-called “legal bigamy” in the light of the rulings of the District Court in Poznan. The marriage law regulations in The Second Polish Republic were completely different in various parts of the country and attempts to unify them failed. This situation caused significant problems: for example, many civil courts refused to recognize some of the divorce judgments issued by church courts in the former Russian partition because of their improper jurisdiction. The paper focuses on two matrimonial cases that were ruled upon by the District Court in Poznan. In both cases the District Court in Poznan was to decide whether divorce judgments issued by the church court of the Polish Orthodox Church in Warsaw were also binding in the former Prussian district
State sovereignty versus nation sovereignty
Get PDFThe study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities.The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities.The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities
French culinary recipes. Does the legal framework for intellectual property provide their protection?
No full textThe study aims at an analysis of legal protection of French culinary recipes. While the French-style gastronomic meal has been listed in the Cultural Immaterial World Heritage of UNESCO, the situation of the recipes in French law can be regarded as a matter of great importance. The presented study aims at examining the problem of whether the French legal rules for intellectual property protect recipes and culinary creations and are focused on the author’s copyright to the recipes. Patents, industrial designs or trademarks are not suited to providing culinary recipe protection. The secrets and know-how seem to be protected but only after the fact. As for the author’s rights, the recipe is merely treated as a work of literature.The study aims at an analysis of legal protection of French culinary recipes. While the French-style gastronomic meal has been listed in the Cultural Immaterial World Heritage of UNESCO, the situation of the recipes in French law can be regarded as a matter of great importance. The presented study aims at examining the problem of whether the French legal rules for intellectual property protect recipes and culinary creations and are focused on the author’s copyright to the recipes. Patents, industrial designs or trademarks are not suited to providing culinary recipe protection. The secrets and know-how seem to be protected but only after the fact. As for the author’s rights, the recipe is merely treated as a work of literature.The study aims at an analysis of legal protection of French culinary recipes. While the French-style gastronomic meal has been listed in the Cultural Immaterial World Heritage of UNESCO, the situation of the recipes in French law can be regarded as a matter of great importance. The presented study aims at examining the problem of whether the French legal rules for intellectual property protect recipes and culinary creations and are focused on the author’s copyright to the recipes. Patents, industrial designs or trademarks are not suited to providing culinary recipe protection. The secrets and know-how seem to be protected but only after the fact. As for the author’s rights, the recipe is merely treated as a work of literature
Essential facilities doctrine in European Union Law
No full textFormed at the end of the nineteenth century in the United States, the essential facilities doctrine was created to prevent the refusal of access to certain key equipment, which is used as an instrument to secure the dominant position of the undertaking in those markets where the emergence of competition is strictly related to obtaining access to key device. The author describes the initiation in the 1970’s of the acquisition of the American doctrine by European Union law by focusing on the role of the European Commission and the Court of Justice of the European Union in this process. Both American and European prsemises for an application of the essential facilities doctrine are presented, as well as its advantages and disadvantages
Procedural aspects of a settlement reached before the court in the course of proceedings
No full textThe study aims on the procedural aspect of a settlement reached before the court in the course of proceedings. Procedural rules indicate when and in what circumstances the court has to persuade the parties to reconcile and what should be the nature of that action. In addition, the procedural law complements the range of possible reciprocal concessions made by the parties. It also sets out further requirements that have to be followed by the body of a settlement reached before the court, especially by indicating the extent of judicial control. The rules of the civil procedure also determine the effect that a settlement reached before the court has on the course of further proceedings. Thus,the aim of the above is that the rules are focused on the implementation of the postulate expressed in Article 10 of the Civil Procedure Code
Can mouse clicking be seen as involvement in armed conflict? Some notes on the direct participation in hostilities in cyberspace
Get PDFContemporary armed conflicts are increasingly based on new technologies. These technologies enable to conduct hostilities from a distance, often eliminate the human factor from the battlefield. Nowadays, cyberspace created by the Internet allows to frame the idea of armed conflict outside the traditional recognition of the fight between belligerent armed forces. This article addresses issues of the direct participation of hostilities in cyberspace. In the first part it discusses technological development and its impact on the activation of the civil factor during armed conflicts. In the second part by analysing the current practice of cyber conflicts it refers to the concept of direct participation in hostilities and its constituent elements as a threshold of harm, direct causation, belligerent nexus at the cybernetic level. The third and final part examines the possibility of the loss of protection, in particular, it addresses the issues related to its temporal nature and the question of means and methods of attacking civilians involved in cyber warfare.Contemporary armed conflicts are increasingly based on new technologies. These technologies enable to conduct hostilities from a distance, often eliminate the human factor from the battlefield. Nowadays, cyberspace created by the Internet allows to frame the idea of armed conflict outside the traditional recognition of the fight between belligerent armed forces. This article addresses issues of the direct participation of hostilities in cyberspace. In the first part it discusses technological development and its impact on the activation of the civil factor during armed conflicts. In the second part by analysing the current practice of cyber conflicts it refers to the concept of direct participation in hostilities and its constituent elements as a threshold of harm, direct causation, belligerent nexus at the cybernetic level. The third and final part examines the possibility of the loss of protection, in particular, it addresses the issues related to its temporal nature and the question of means and methods of attacking civilians involved in cyber warfare
Appending the enforcement clause of the redress of damage stated in the Article 72 § 2 of the Code of Criminal law
No full textThe study aims on selected problems associated with appending the enforcement clause on the redress of damage in Polish Criminal law. The difference between the redress of damage as a penal measure and as a probationary measure outlined by The Polish Supreme Court is significant for the analysed perspective. The author indicates that the Supreme Court claims, that a probationary measure enforcement clause could be put on the redress of damage only after the expiration of a period of time appointed by the court to the perpetrator to compensate for the harm caused by a crime. Due to the outlined interpretation by the Polish Supreme Court the author finds the presented statement as not rightful due to the wrong interpretation of the law and flagrant infringement of rights of the victims of the crimes