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Criminalization of insurance fraud against the background of Polish and Norwegian legal order 波兰和挪威法律秩序背景下的保险欺诈犯罪化
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.91-101
M. Sadowski
{"title":"Criminalization of insurance fraud against the background of Polish and Norwegian legal order","authors":"M. Sadowski","doi":"10.17951/szn.2023.23.1.91-101","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.91-101","url":null,"abstract":"The need to protect material possessions is determined by the fact that they present high real value. This is done by expensive and often compulsory insurance. The obligatory nature and high price of individual insurance products in recent years have become one of the motives for committing crimes referred to in criminal law as insurance fraud, insurance frauds or insurance crimes. For being subject to stipulation in the legislator’s intention, which results from art. 298 § 1 of the Penal Code, is to make an event located at the place and time which is the basis for payment of damages, which, taking into account the actual circumstances of the event, would be undue. The aim of the work is a comparative analysis of Polish and Norwegian code regulations regarding insurance fraud for the purposes of demonstrating differences and similarities between them, taking into account the social aspect of the assurance of crime in both countries. To achieve this goal, the following assumptions were made: regulations regarding the crime of insurance fraud contained in the Polish and Norwegian Code, are complete and provide effective protection in the event of an insurance fraud crime; insurance fraud is significant in terms of the social perception of its commitment, which is determined by social and economic factors.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123971106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Civil procedure in the Second Polish Republic 波兰第二共和国的民事诉讼
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.11-22
K. Bała, Wiktoria Cieśla
{"title":"Civil procedure in the Second Polish Republic","authors":"K. Bała, Wiktoria Cieśla","doi":"10.17951/szn.2023.23.1.11-22","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.11-22","url":null,"abstract":"Through the years when Polish lands were under foreign partition different civil procedures were respected. Codification works taken by Polish lawyers brought huge changes, which effect was Code of Civil Procedure announced in 1930. The new code was linking different district ideas. Guaranteed individual's private law autonomy and protected it. The code stood out with a high technical and legal standard but some drawbacks occurred, which made the code difficult to use in practice.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131048209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Collaboration of an expert doctor with law enforcement and judicial authorities in the field of corpses examinations 专家医生与执法和司法当局在尸体检查领域的合作
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.103-111
M. Sowała
{"title":"Collaboration of an expert doctor with law enforcement and judicial authorities in the field of corpses examinations","authors":"M. Sowała","doi":"10.17951/szn.2023.23.1.103-111","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.103-111","url":null,"abstract":"The aim of this article is to show the problems of cooperation between an expert doctor and law enforcement agencies as well as judicial authorities in the field of corpse examinations. The research problem is included in the question what the scope of the duties of the expert and the authorities carrying out the inspection is and to what extent the tasks performed by these entities determined by the legislator affect the effective examination of the corpses. The author puts forward the hypothesis that the legislator did not precisely regulate this matter, which may result in a series of various problems during the inspection. This article discusses, among others, such issues as granting active participation in activities to the prosecutor or court, and not – as the author believes should be – an expert doctor. The article also discusses the issue of specialization that a doctor should have in order to perform the corpse examinations as precisely as possible. The author also presented the problem of the possibility of withdrawing from the doctor’s call to participate in urgent cases.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129025285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Disciplinary liability of attorney-at-law for breach professional secrecy 律师违反职业保密的纪律责任
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.131-136
A. Zawiślak-Białek
{"title":"Disciplinary liability of attorney-at-law for breach professional secrecy","authors":"A. Zawiślak-Białek","doi":"10.17951/szn.2023.23.1.131-136","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.131-136","url":null,"abstract":"In this research paper, the issue of disciplinary liability for breach of professional secrecy of attorney-at-law will be presented. The concept of the above ethical norm will be shown in a narrow way to the profession of attorney-at-law and the rules functioning on the basis of the Code of Ethics of Attorney-at-law and selected statutory regulations relating to this issue. This subject is fundamental issue for the activity of attorney-at-law, setting boundaries for their scope of operation and for the protection of rights of the subject of a legal action. Shaping the mechanisms of disciplinary responsibility is a guarantee of the proper performance of its functions by The National Bar of Attorneys-at-Law, which is an important part of the entire legal system in Poland and motivates an exhaustive analysis. Moreover this issue goes back to the primary aspects of the existence of disciplinary proceedings, i.e. the basis of attorney-at-law’s liability under professional ethical principles. The formation of mechanisms for the functioning of professional secrecy is guarantee of the above assumption and therefore deserves an exhaustive analysis. The above article will also point out the operation of troublesome discrepancies in the regulations on professional secrecy of attorney-at-law and liability for its violation.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125291224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal consequences of the death of a bank account holder 银行账户持有人死亡的法律后果
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.35-43
Kamil Bradliński, Magdalena Dąbrowska
{"title":"Legal consequences of the death of a bank account holder","authors":"Kamil Bradliński, Magdalena Dąbrowska","doi":"10.17951/szn.2023.23.1.35-43","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.35-43","url":null,"abstract":"The purpose of this article is to discuss the problem related to bank account contracts – specifically the legal consequence of the account holder. The subject matter includes the death of both the holder and the co-owner of the bank account. With the moment when the bank learns about the death of the holder, the account is blocked or closed and the money (usually) goes to a specially created account. The bank is also obliged, in connection with the death of the account holder, to pay the amount spent on his funeral from the funds accumulated on the account.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123020233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Individual control of a standard contract (Article 385(1) of the Civil Code) in the context valorization clauses in loans indexed to a foreign currency 标准合同(民法典第385(1)条)在以外币为指标值的贷款的价值条款方面的个人控制
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.45-63
Krystyna Anna Dąbrowska
{"title":"Individual control of a standard contract (Article 385(1) of the Civil Code) in the context valorization clauses in loans indexed to a foreign currency","authors":"Krystyna Anna Dąbrowska","doi":"10.17951/szn.2023.23.1.45-63","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.45-63","url":null,"abstract":"The article is a synthetic presentation of the dominant positions in the doctrine and judical practice regarding individual control of the contract template in the context of abusiveness of valorization clauses in loans indexed to a foreign currency. The most important statements of the Supreme Court and the Court of Justice of the European Union were indicated. The article focuses on the issues of the premises for individual control of the standard contract and the sanction of the consumer not being bound by an illegal contractual provision specified in art. 385(1) of the Civil Code Attention was drawn to interpretation difficulties caused by discrepancies between the wording of Council Directive 93/13/EEC and the wording of Art. 385(1) implementing the Directive.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121449901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Commentary to the decision of the Supreme Court's of 22 March 2017 (III K 349/16) 对最高法院2017年3月22日判决的评注(III K 349/16)
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.137-145
Wiktoria Korycka
{"title":"Commentary to the decision of the Supreme Court's of 22 March 2017 (III K 349/16)","authors":"Wiktoria Korycka","doi":"10.17951/szn.2023.23.1.137-145","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.137-145","url":null,"abstract":"The subject of this commentary is the judgment of the Supreme Court of 22 March 2017, reference number III K 349/16. The commentary contains arguments approving the position of the Supreme Court regarding the classification of the use of a stolen ATM card as theft with burglary. The author shares the view that performing a non-cash operation with the appropriated ATM card was a crime under Art. 279 of the Criminal Code. In the conclusions, however, the author indicates the need for the legislator to take appropriate actions to regulate the disputed issues.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125712108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Desuetudo in understanding of Supreme Court and Constitutional Tribunal of the Republic of Poland 波兰共和国最高法院和宪法法庭的理解是Desuetudo
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.113-129
Jakub Wiecha
{"title":"Desuetudo in understanding of Supreme Court and Constitutional Tribunal of the Republic of Poland","authors":"Jakub Wiecha","doi":"10.17951/szn.2023.23.1.113-129","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.113-129","url":null,"abstract":"The article’s goal is to specify how the jurisdiction of Supreme Court and Constitutional Tribunal of the Republic of Poland see desuetudo. It is preceded by a brief theoretical introduction. The examples show that we can tell about the desuetudo much more than just that it is caused by not applying the law and non-compliance with the law. In particular, desuetudo turns out to be restricted and cannot be applied to whichever norm.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116155870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Issuing normative and individual acts by professional associations as an indication of performing functions of a public administration by them (remarks made at the background of the legal adviser’s association) 颁布专业协会的规范性和个人行为，以表明他们履行公共行政职能(在法律顾问协会背景下的发言)
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.77-90
Dagmara Elżbieta Gut
{"title":"Issuing normative and individual acts by professional associations as an indication of performing functions of a public administration by them (remarks made at the background of the legal adviser’s association)","authors":"Dagmara Elżbieta Gut","doi":"10.17951/szn.2023.23.1.77-90","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.77-90","url":null,"abstract":"One of the basic assumptions of democratic state based on the rule of law is the principle of decentralisation of public administration, stated in the article 15(1) of the Constitution of Republic of Poland. Apart from the elemental form of territorial decentralisation (local associations) Polish Constitution provides for so-called material decentralisation. Its reflection can be seen in legislation powers to appoint occupational associations and make them responsible for providing the proper performance of the profession of public trust. This article aims at discussing professional associations power of lawmaking i.e. issuing normative and individual acts. Aforementioned issue will be examined on the background of legal adviser’s association (the largest legal professional association in Poland). The power in question is the essential tool to supervise the proper performance of the profession. It is also important that it is a way of performing public administration functions.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124094879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Basic principles of criminal procedure in the Second Polish Republic 波兰第二共和国刑事诉讼的基本原则
Ars Iuridica Pub Date : 2023-05-19 DOI: 10.17951/szn.2023.23.1.23-33
Dawid Patryk Baltyzar, Ilona Maria Łukasik
{"title":"Basic principles of criminal procedure in the Second Polish Republic","authors":"Dawid Patryk Baltyzar, Ilona Maria Łukasik","doi":"10.17951/szn.2023.23.1.23-33","DOIUrl":"https://doi.org/10.17951/szn.2023.23.1.23-33","url":null,"abstract":"After Poland gained independence, it was necessary to unify many areas of law. There were three legislations in force in the area of criminal procedure at that time, i.e. the Russian Criminal Procedure Act of 1864, the Austrian Criminal Procedure Code of 1873, and the German Criminal Procedure Code of 1874. The Codification Commission, which was established in 1919, was responsible for the creation of the Polish codification. Its work resulted in the Code of Criminal Procedure issued in the form of a regulation, which came into force on 1 July 1929. The Code represented a mixed form of trial, with liberal tendencies manifesting themselves in it. It was based on the principles set out not only in the general provisions but also in the further parts. The principles of the criminal proceedings did not remain in a hierarchical relationship with each other. Conciseness, synthesis and a high level of legislative technique are the characteristic features of this very innovative codification.","PeriodicalId":305831,"journal":{"name":"Ars Iuridica","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129101102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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