Polish Civil Research Articles

Языковое законодательство в межвоенной Польше как элемент национальной политики: историография проблемы

The paper deals with the language policy of Poland as an element of national policy. The international treaties on the protection of national minorities, the Constitution of Poland of 1921 and the laws adopted on July 31, 1924 “On the State language and working language in State institutions and self-government institutions”, “On language and organization of school work for national minorities”, “On language in courts, prosecutor’s office and notary institutions” are considered. In the Second Polish Republic, one third of the population consisted of national minorities, for whose rights the Polish Sejm adopted these laws. The laws provided for the limited use of the languages of national minorities – Lithuanian, Belarusian and Ukrainian. In certain cases, Polish civil servants were required to use the languages of national minorities in their activities. Due to their inconsistency and half-heartedness, the laws were not actually implemented and caused discontent both among representatives of national organizations and among the majority of Polish political circles. Among historians and in journalism, the laws “On Language...” also caused a discussion. Most researchers believe that the Polish language legislation did not aim to actually improve the situation of national minorities, but only to imitate their protection in order to form a positive image of a “democratic” Poland in the international arena.

Zarys modelu zaskarżania orzeczeń sądowych wydanych w pierwszej instancji w postępowaniu cywilnym przed sądami federalnymi w Stanach Zjednoczonych. Analiza prawnoporównawcza i postulaty de lege ferenda

The article aims to formulate a proposal to improve the model of appealing judgments currently operating in Polish civil proceedings on the basis of the solutions in place in federal court proceedings in the United States. With the use of the analysis of relevant statutes and secondary legislation, case law and views of legal scholars, the most important aspects of the topic were presented with comparison to the Polish civil procedure regulations. As a result of the analysis appeals as of right and by permission were distinguished, the latter not being present in Polish civil proceedings, and de lege ferenda suggestions based on American solutions were formulated regarding the Polish civil proceedings.

Posiedzenia zdalne w sprawach cywilnych jako odpowiedź na sytuację kryzysową wywołaną przez COVID-19

Crisis situation induced by the pandemic caused by the SARS-CoV-2 coronavirus has influenced the way of organization of hearings in civil cases. Undoubtedly, the possibility of remote meetings that was introduced by the Act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them, was a novelty in Polish civil procedure. The main research intention of the article was to assess the impact of the regulation caused by the crisis situation on the current wording of the provisions of civil procedure. Following the amendment of the Civil Procedure Code of 7 July 2023, the provisions of the Covid Act were implemented in this area into the Civil Procedure Code. The article focused on assessing the impact of civil proceedings with the use of remote hearings on the implementation of the principles of fair trial, in particular the principle of open proceedings. Risks associated with the use of sentencing that have arisen in practice and ways of avoiding them have also been identified.

Zawiłości wynalazku biotechnologicznego w świetle prawa cywilnego, podatkowego i bilansowego

The main research problem of the article is the juridical assessment of a biotechnological invention in the light of civil, tax and accounting law. The aim is to present the issue of biotechnological invention from the perspective of various areas of law, the process of shaping current legislation in this field, as well as a review of Polish and EU case law. The work presents a broader analysis of biotechnological inventions in three branches of law: civil, tax and accounting. In the context of civil law, the principles of legal protection of this type of inventions were analyzed, as well as their impact on civil law relations. The main aspects of the regulation of biotechnological inventions in Polish civil law are presented, including the criteria for granting patents, as well as issues related to intellectual property. The importance of a balance between the protection of innovation and social interests and the need to constantly adapt the law to dynamically developing biomedical technologies were emphasized. Legal analysis based on tax law showed how complex the subject of the biotechnological invention is. All theses were supported by literature, legislation and case law. Tax law shows the potential of the invention and the possibilities associated with it. The accounting law segment of the study determines the categorization of biotechnological inventions within the appropriate framework of the legal system by identifying the relevant legal provisions.

Deadline for examining an application for security in Czech and Polish civil proceedings

Deadline for examining an application for security in Czech and Polish civil proceedings

The Normative Character of the Institution of Cumulative Judgement in Civil Trial: A Comparative Study

The aim of this study is to show how the institution of consolidated cases in Polish civil proceedings was shaped in the context of Polish criminal procedure and canon law. A comparative analysis de lege lata will help to determine the nature of the procedure aimed at issuing a sentence in cases that have been combined into one trial considering their subject matter, and thus answer the question whether there is a cumulative judgement in each of the procedures and how it is understood by the legislator in civil, criminal and canon law. The analysis is an important novelty in research on the institution of cumulative judgement because it enables a comparison of the institution not only within the framework of the state system of law, but also within the autonomous normative system created by canon law.

The Impact of the Covid-19 Pandemic on Civil Proceedings in Poland

Abstract The article discusses a possibility and circumstances of conducting a remote hearing in the Polish civil procedure. Especially, the authors describe and analyse the legal provisions applicable prior, during and after Covid-19 as well as their impact on the process of informatization of the civil proceedings in Poland with the main focus on remote hearings that were not - generally, possible before Covid-19. The article also takes a closer look at the possibility to participate in a trial outside the seat of the court and the principle of openness of the proceedings.

Legal Nature of Appeals in Polish Civil Proceedings

Legal Nature of Appeals in Polish Civil Proceedings

Postępowanie zabezpieczające wobec osoby stosującej przemoc w rodzinie

The article has a scientific and research character. Its purpose is to discuss the protective proceedings against the perpetrator of domestic violence in the area of Polish civil procedure and to answer questions about the method of such security, its subject, purpose, course of the proceedings and the provision of security. The answers to these questions may have not only doctrinal but also practical value, especially since there are no scientific studies on this topic. Although the basic research method used in the article is a formal and dogmatic analysis, the practice of applying the law was also taken into account, using the analysis of the jurisprudence of common courts and the scientific discussion conducted on the basis of these judgments. This new method of securing non-monetary claims of a novation nature serves to protect people affected by domestic violence and to provide temporary legal protection by isolating the victim from the violence offender in situations where he poses a threat to the life or health of household members. Securing is subject to the prior issuing of an order or prohibition by the competent authority (Police, Military Police or court). If such an order or prohibition has been issued, the court may grant security on the terms set out in Articles 7552 to 7554 of the Civil Procedure Code; if there is no prior order, the security is granted on general terms (Article 755 of the Code).

EU Directive on Work-Life Balance for Parents and Carers in the Context of Human Resources Problems in the Polish Public Administration

This article attempts to present and assess the adequacy of the solutions in the directive on work-life balance for parents and carers in the context of the problems and challenges faced by the Polish public administration in human resource management. The directive’s solutions are analyzed from the perspective of post-pandemic reality, demography, changes in the structure of society and equality, and growing numbers and activation of women in the labor market. An example of applying the WLB policy in the Polish civil service was also presented.

Smart contract – how to present the evidence in the Polish civil procedure?

Smart contract – how to present the evidence in the Polish civil procedure?

Społeczeństwo obywatelskie w Polsce po 1989 roku – dynamika, ocena i prognozy rozwoju

The development of civil society in Poland was one of the goals of the political transformation in 1989. Since then, Polish interest in social issues has grown, although not to the extent expected, not fully realizing its potential. Since 2015, compared to previous years, there seems to be an increasing willingness among Poles to engage in social matters, evident through protest movements and demonstrations, and after 2022, also through involvement in humanitarian aid for refugees from Ukraine. To present the dynamics, evaluate, and outline a forecast for the development of Polish civil society, the article starts by presenting the evolution of the concept and its significance for democracy. It also highlights practical manifestations of civil society functioning. Drawing on statistical research conducted by CBOS and GUS regarding the social engagement of Poles, as well as Elżbieta Korolczuk’s article on the nature of contemporary civil society in Poland, the article analyzes trends and changes in the activation of Poles, pointing out areas of greatest interest. The paper also presents challenges faced by contemporary civil society to effectively outline potential directions of its development.

„AID” TO THE LEGISLATOR AS A PREMISE OF JUDICIAL LEGISLATION. PHILOSOPHICAL AND LEGAL INTERPRETATION OF THE RESOLUTION OF THE SUPREME COURT OF FEBRUARY 15, 2019

The aim of the article is a philosophical and legal interpretation of the the resolution of the polish Supreme Court of February 15, 2019. It makes an element of the jurisprudenential tendency which going beyond both the linguistic interpretation and the established categories of civil law, significantly limits the possibility of exercising one of the rights enshrined in the polish Civil Code, namely the possibility for the owner of the land on which transmission facilities are located, getting remuneration for the establishment of transmission easement. The Supreme Court did not justify its decision with a specific way of understanding the right of the land owner, but with the need to correct a mistake made by the legislator almost thirty years earlier. The author claims that this judgment is an expression of the legal and political tendency to move away from recognizing the protection of subjective rights as the basic criterion for the legitimacy of power. He inscribes the ruling into the ideological and institutional phenomena of a global nature, which are expressed in concepts adopting a fluid content of subjective rights (the concept of Ronald Dworkin, neo-Marxism), as well as phenomena such as far-reaching restrictions on subjective rights in the name of fighting the so-called COVID-19 pandemic or climate change.

Umowy adopcyjne zwierząt

Animal adoption contracts The article aims to discuss the purpose, subject matter and content of animal adoption contracts that are present in circulation. The considerations are inspired by the analysis of the practice of circulation and case law on the issue of animal adoption contracts, against which the article raises some criticism. The Author differentiates within the framework of the article between contracts under which ownership of the animal is granted to the adopter, and contracts that grant the guardian rights and obligations of a relative nature that make up the so-called adoption obligation. Both types of adoption contracts should be considered unnamed contracts permissible under the principle of the freedom of contract, but the possibility of applying legal norms to them per analogiam is different. However, it is important to make the general assumption that when considering analogy, priority should be granted to analogy from those norms that relate to legal relations that allow the use of a property for oneself and in one’s interest. Among the principal theses of the article the thesis on the permissibility of the adopter’s acquisition of ownership of an animal abandoned under the procedure outlined in Articles 180-181 of the Polish Civil Code, which is sometimes disputed in the doctrine, should also be included.

Insurance against Hate Speech

The article discusses a new and hitherto undescribed phenomenon on the commercial insurance market, i.e. insurance against hate speech. The purpose of this paper is to characterize insurance contracts against hate speech, based on the content of the general terms and conditions of insurance and the applicable provisions of Polish civil law. Particular attention was paid to such issues as: insurance addressees, the method of describing the insurance accident, the scope of benefits to which the insured person is entitled and the legal nature of the contract.

Doping Knowledge as an Indicator to Measure the Development Level of Civil Society

The aim of the paper is to present the model of Polish civil society development in sport, which is based on three phases: the first one consists in creating rules by international organizations; in the second one public authorities introduce legal regulations based on previously developed organizational standards; in turn, the third phase relies on checking to what extent these rules and regulations have been internalized by their addresses. The indicator for measuring the level of development of civil society in sport was the knowledge of the legal concept of doping among members of Polish national teams.

Spełnienie świadczenia do rąk osoby okazującej pokwitowanie wierzyciela - źródła regulacji w prawie polskim

This article deals with the origins of the Polish regulation on fulfilling an obligation to the person bearing a receipt issued by the creditor. The article focuses primarily on the regulation set forth in the Polish Code of Obligations of 1933 and its impact on the Polish Civil Code of 1964. The authors of the Code of Obligations faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was a great opportunity for them to introduce new, original solutions. The importance of the way in which the authors of the Polish Code of Obligations addressed this issue can also be seen in the analyzed rules on the fulfillment of an obligation to the person bearing a receipt issued by the creditor. This article first presents the origins of this legal construction in the first German Commercial Code (Allgemeines Handelsgesetzbuch of 1861) and then looks at the codifications and drafts which were relevant to the provisions adopted in the Polish Code of Obligations. Finally, the article seeks to demonstrate to what extent the regulations of the Code of Obligations have influenced the provisions of the Polish Civil Code of 1964.

Student w otoczeniu Internetu Rzeczy, czyli o jego bezpieczeństwie cybernetycznym

The study seeks to answer the question whether the current norms of Polish civil law provide effective mechanisms for protecting the rights of students as users of Internet of Things products/devices. Hence, in addition to explaining basic concepts such as the Internet of Things or cybersecurity, the paper provides an exegesis of legally relevant norms of the Polish Civil Code, including in particular the provisions on liability for a dangerous product or the possibility for the student to assert his/her claims under the warranty for defects of Internet of Things products/devices. The analysis identifies various legislative shortcomings, the recognition of which is the first step towards formulating postulates de lege ferenda.

Religious Materialities, Aesthetics, and Protests in Urban Poland: Religious Icons and the Re-Emergence of Civil Society

In this paper, we reflect on the creativity and social change nexus in urban Poland by focusing on the recent religion-linked materialities in Kraków. Such materialities, or religious icons, are directly involved with transformations and the emergence of a new type of Polish civil society and activism. Therefore, we elaborate on the notion of religious icons involved in the recent re-emergence of the protest culture in Poland. We reframe them in terms of powerful socio-religious mediators that open the way to re-imagining and claiming new (re)configurations between social and religious fields in Poland. We acknowledge the role played by affective, creative, and semantic modalities of aesthetics vis-à-vis social change and suggest rethinking the link between creativity and religion, which we consider emblematic of current epistemologies of post-secular urbanities in Poland. We claim that the religion-creativity nexus should be included in the analytical framework examining contemporary developments of Polish civil society in general and social movements in particular.

Simplified proceedings in the civil procedure of Poland

The article is devoted to simplified proceedings and electronic order proceedings in Polish law. It is noted that the role of expedited (simplified) proceedings in the practice of civil and commercial justice is quite significant, as evidenced not only by the number of cases considered in expedited proceedings, but also by the number of decisions rendered in the appropriate manner.The author notes that in 2019 there were quite significant changes, the content of which is reduced to the expansion of the subject catalog of cases that are considered in the order of simplified proceedings. Before that, this procedure was intended exclusively for lawsuits arising from binding legal relations of a contractual nature. Civil cases arising from non-contractual obligations were considered on a general basis.It is emphasized that in economic cases, the provisions on simplified proceedings are applied to the extent that they do not contradict the provisions of the section on the peculiarities of proceedings in economic cases. What is more, the relevant clause is established by the legislator specifically in relation to national simplified procedures and does not apply to supranational ones (European procedure for small claims, European payment order). Thus, a differentiated approach was applied.It is noted that the introduction of electronic court proceedings in the Polish civil process was a significant step forward in the digitalization of the entire judicial system, and the regulatory documents regarding it, as confirmed by practice, set a new legal and IT standard for further digitalization.It can be concluded that electronic injunctive proceedings are a special type of «ordinary» injunctive proceedings. The differences arise not from the purposes and functions of this proceeding, but from formal reasons that are a consequence of the accepted methods of communication between the parties with the court and the executive service body, as well as the delivery of orders and court decisions in electronic form and the archiving of case materials in electronic form.