Adam Mickiewicz University Law Review
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Article 162 of the Polish Civil Procedure Code – application, functions and its role in the civil process
No full textThe paper aims to analyse article 162 of the Polish Civil Procedure Code. Pursuant to the article mentioned, parties are not only allowed but also obliged to notify the court of all procedural errors it has made. The purpose of this legal institution is to hasten and organize civil procedure. This paper illustrates the history of subject regulation. Subsequently,it focuses on the application and role of article 162 of the Polish Civil Procedure Code in current civil procedure. After analysing those matters, the conclusion is presented that the regulation provided by article 162 is inappropriate to the correct shaping of current civil procedure. The instant removal of all procedural errors that the court makes is essential to appropriate procedure in many ways
Legal regulation of the principle of transparency in the budgetary process of the Republic of Poland
Get PDFThe article describes the organizational and legal foundation of the principle of budget transparency in Poland. The study considers the legal basis for access to information about the activities of public authorities and the legal foundation of the principle of transparency of the budgetary process in the Republic of Poland. The main instruments for achievement of transparency of all operations with public funds such as budget classification, the cash servicing of budget implementation, budget accounting and reporting are analysed. While attempting to describe the aforementioned matters, the author proposes a definition of the term “budget transparency”.The article describes the organizational and legal foundation of the principle of budget transparency in Poland. The study considers the legal basis for access to information about the activities of public authorities and the legal foundation of the principle of transparency of the budgetary process in the Republic of Poland. The main instruments for achievement of transparency of all operations with public funds such as budget classification, the cash servicing of budget implementation, budget accounting and reporting are analysed. While attempting to describe the aforementioned matters, the author proposes a definition of the term “budget transparency”
French constitutionalism. The experience of the Third Republic
Get PDFThe aim of the article is to discuss the prominent features of French constitutionalism that were formed in the last quarter of the 19th century. The author underlines the particular importance of the constitutional experience of France and notes that the form of government and the several political institutions established with the proclamation of the Third Republic also exist in general terms at the present time. Further in the text, the author observes that the practice of the state and legal construction of the French Third Republic was in many ways rather distant from constitutional establishments. It is emphasized that in the practical implementation of the Constitution, the Parliament (mainly the Chamber of Deputies) came to play a major role in the system of government and that in turn has been largely responsible for the durability of the basic constitutional and legal institutions of the Third Republic.The aim of the article is to discuss the prominent features of French constitutionalism that were formed in the last quarter of the 19th century. The author underlines the particular importance of the constitutional experience of France and notes that the form of government and the several political institutions established with the proclamation of the Third Republic also exist in general terms at the present time. Further in the text, the author observes that the practice of the state and legal construction of the French Third Republic was in many ways rather distant from constitutional establishments. It is emphasized that in the practical implementation of the Constitution, the Parliament (mainly the Chamber of Deputies) came to play a major role in the system of government and that in turn has been largely responsible for the durability of the basic constitutional and legal institutions of the Third Republic.The aim of the article is to discuss the prominent features of French constitutionalism that were formed in the last quarter of the 19th century. The author underlines the particular importance of the constitutional experience of France and notes that the form of government and the several political institutions established with the proclamation of the Third Republic also exist in general terms at the present time. Further in the text, the author observes that the practice of the state and legal construction of the French Third Republic was in many ways rather distant from constitutional establishments. It is emphasized that in the practical implementation of the Constitution, the Parliament (mainly the Chamber of Deputies) came to play a major role in the system of government and that in turn has been largely responsible for the durability of the basic constitutional and legal institutions of the Third Republic
Complaint from art. 189 of The Code of Civil Procedure in the event of defective resolutions of a supervisory board of a company
No full textThe aim of this paper is to present the issue of using a complaint from article 189 of The Code of Civil Procedure to challenge resolutions of a supervisory board of a company. This matter is not regulated precisely in The Code of Commercial Companies. According to the majority of representatives of Polish doctrine the complaint from article 189 of The Code of Civil Procedure is the most proper resource to repeal defective resolutions of a supervisory board in the current legal system. Nevertheless, the above fact does not mean that the declaratory action is deprived of any defects. On the contrary, it has certain weaknesses, which might play an important role in corporate relationships. Therefore, according to The Author, it becomes necessary to provide adequate legal regulations in the issue of challenging resolutions of a supervisory board of a company
Human Rights and the role of courts in Thailand
Get PDFThe purpose of the article is to analyse the subject of the problems involved in protecting human rights in Thailand and the role of the courts according to the Thai Constitution. The author discusses four selected issues of human rights protection in Thailand: the citizens’ insufficient awareness of human rights, the ineffectiveness of law enforcement,the possible conflicts linked to traditional beliefs and the problems of applying double standards. The article also presents the structure and the function of the Constitutional Court, the Court of Justice and the Administrative Court of Thailand. Throughout the paper the author seeks to prove that the Constitution of the Kingdom of Thailand honours and protects human rights.The purpose of the article is to analyse the subject of the problems involved in protecting human rights in Thailand and the role of the courts according to the Thai Constitution. The author discusses four selected issues of human rights protection in Thailand: the citizens’ insufficient awareness of human rights, the ineffectiveness of law enforcement,the possible conflicts linked to traditional beliefs and the problems of applying double standards. The article also presents the structure and the function of the Constitutional Court, the Court of Justice and the Administrative Court of Thailand. Throughout the paper the author seeks to prove that the Constitution of the Kingdom of Thailand honours and protects human rights
Legal framework of transplantations in European Union legislation
No full textIn recent years, a tormenting phenomenon can be observed related to the decreasing number of transplants performed due to the limited amount of patron organs. This fact has become an opportunity to analyse the European Union’s regulations of transplantations. The achievements of the Council of Europe and the European Union in terms of organ donation and transplantation has been presented in detail with a conclusion heading towards the dangerous commercialization process of transplantations. This article presents also the standards developed by the European Union in regard to transplantology which clearly supports the fact that organ donation should be on non-profit and altruistic basis excluding commercial aspects
The doctrine of civil law and the ruling concepts on the notion of medical malpractice
No full textThe objective of this paper is to present medical malpractice in cases related to civil liability. The article outlines the evolution of the perception of a physician’s civil liability, and against this background presents the concept and various divisions of medical malpractice represented in polish jurisprudence. The doctrine of civil law is nowadays consensus on the fact that the concept of medical malpractice includes behaviour associated with an offense against the principles of medical knowledge. But it is not commonplace knowledge even among lawyers and medical malpractice often becomes a collective term to describe the fault of members of medical staff or negligence. Not only is this issue important to law and medical communities but also to public opinion that expresses a growing interest in this subject. It may not come as a surprise, after all, that physicians are treated as professionals of public trust, thus entrusted with a patient’s fate as well as with trust of the family,they are obligated to perform their duties with accordance to current medical knowledge