Ius Novum最新文献_第2页

Submission of the Point of Law Which Raises Serious Doubts in Civil Proceedings for the Resolution by the Supreme Court 向最高法院提交在民事诉讼中引起严重疑问的法律要点

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0016

Małgorzata Sekuła-Leleno

{"title":"Submission of the Point of Law Which Raises Serious Doubts in Civil Proceedings for the Resolution by the Supreme Court","authors":"Małgorzata Sekuła-Leleno","doi":"10.2478/in-2023-0016","DOIUrl":"https://doi.org/10.2478/in-2023-0016","url":null,"abstract":"Abstract The institution of questions of law, as a result of which the court ruling in the case is bound by the view of the Supreme Court expressed in its resolution, is an exception to the constitutional principle of subordination of judges solely to the Constitution and statues (Article 178(1) of the Constitution of the Republic of Poland). The point of law which raises serious doubts because divergent interpretation of the same provision exist in the case-law could be submitted when in the opinion of the appellate court each of these interpretations can be adopted in view of its significant legal arguments, and neither the position of the jurisprudence nor the doctrine of law explains which interpretation should be chosen. The point of law submitted to the Supreme Court for resolution under Article 390(1) of the Code of Civil Procedure must meet three basic requirements. Firstly, the point of law must be of an abstract nature and concern the interpretation of legal provisions, as it is unacceptable to present to the Supreme Court a question of law simply to get an answer on how to settle the case. Secondly, the point of law needs to concern a legal doubt which needs to be clarified in order to examine the legal remedy; in other words, in order to use the right set forth in Article 390(1) of the CCP, a link must exist between the presented point of law and a decision to be made on the merits of the case, and such link needs to be demonstrated through the juridical consistency of the point of law formulated at the outset and the reasons thereto, and through the proper reference to the facts of the case in such generally defined question of law. Thirdly, the point of law to be resolved needs to concern a legal issue which raises serious doubts; if ordinary doubts arise, the court of second instance needs to settle them on its own. The significance of the issue or the discrepancies in the jurisprudence and literature regarding the ways of its resolutions are not per se independent premises for raising a question of law.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"135 - 151"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44991452","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

Criminal Responsibility of the Perpetrator with Alternating Split Personality 人格交替分裂犯的刑事责任

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0009

A. Golonka

引用次数: 0

New Procedure for Electronic Deliveries in Administrative Proceedings 行政诉讼中电子送达的新程序

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0017

Agata Cebera

引用次数: 0

Stepparents’ Upbringing Obligation Towards their Stepchildren 继父母对继子女的抚养义务

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0015

Monika Lewandowska-Urbanowicz

{"title":"Stepparents’ Upbringing Obligation Towards their Stepchildren","authors":"Monika Lewandowska-Urbanowicz","doi":"10.2478/in-2023-0015","DOIUrl":"https://doi.org/10.2478/in-2023-0015","url":null,"abstract":"Abstract The article explores the issue of reconstructed families, focusing specifically on the roles of individual family members and the processes that occur within such families. Due to the complexity of the above processes, the article concentrates on the deliberations about the stepparent’s upbringing process towards the stepchild, determining its content, scope and role. The article analyses of the stepparent’s duty towards the stepchild, highlighting its normative sources, and assesses this duty in relation to the parental authority of the spouse and the parental authority of the other biological parent outside the reconstructed family. The deliberations presented in the article aim to support the primary thesis of the article that in order for the foster parent’s current custody of the child to be effective, the stepparent’s situation in terms of upbringing obligation should be made independent of the biological parent’ situation, which stems from their parental authority. The article proposes introducing for example, an institution of the so-called “adoptive parent’s care” that would encompass some rights and obligations typical of parental authority and independent of the parental authority of the child’s biological parent. This could serve as an equivalent to the concept of parental responsibility found in English law.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"108 - 134"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41405885","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

Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive Criminal Law Passed in 2022 2022年通过的最高法院刑事分庭关于实体刑法的决议审查

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0013

Ryszard A. Stefański

{"title":"Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive Criminal Law Passed in 2022","authors":"Ryszard A. Stefański","doi":"10.2478/in-2023-0013","DOIUrl":"https://doi.org/10.2478/in-2023-0013","url":null,"abstract":"Abstract The scholarly and research-focused article aims to analyse resolutions and rulings of the Supreme Court Criminal Chamber concerning substantive criminal law passed in 2022 as a response to the so-called legal questions. The subject of the analysis covers such issues as: the crime of failure to report a crime (Article 240 § 1 of the Criminal Code); suspension of the statute of limitations for criminal offenses due to the COVID-19 pandemic; a student of the Faculty of Public Order of the Academy of Internal Affairs in Szczytno as a person not serving in the state security bodies; and revocation of a driving licence in the event its holder who is a member of a military unit performing tasks outside the country commits an act consisting in driving a motor vehicle under the influence of alcohol (Article 135(1) of the Road Traffic Act). The fundamental objective of this scientific research is to evaluate the legitimacy of this body’s interpretation of the regulations encompassing legal issues referred to the Supreme Court for resolution. The primary research theses aim to demonstrate that the so-called legal questions referred to the Supreme Court play an important role in ensuring the uniformity of common and military courts’ judgements, given that the body’s stance relies on in-depth reasoning. The research findings present an original perspective developing the interpretation found in the analysed resolutions in a creative way. While the research primarily focuses on national aspects, the article holds significant importance for the scientific community. This is due to its detailed dogmatic analysis and substantial theoretical discourse. Moreover, its practical utility is evident as it enriches the Supreme Court’s arguments and addresses circumstances that justify diverse opinions.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"74 - 85"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45789799","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

Administrative Penalty Proceedings in the Light of the Proposed Changes to the Fiscal Penal Code 从财政刑法修改建议看行政处罚程序

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0012

M. Tużnik

引用次数: 0

Intervention-related self-defence 投资人在自卫

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0010

B. J. Stefańska

{"title":"Intervention-related self-defence","authors":"B. J. Stefańska","doi":"10.2478/in-2023-0010","DOIUrl":"https://doi.org/10.2478/in-2023-0010","url":null,"abstract":"Abstract The scholarly and research-focused article examines the content of Article 25 §§ 4 and 5 CC, which was transferred to the new Article 231b §§ 1 and 2 CC of Chapter XXIX of the Criminal Code by means of Act of 20 February 2015 amending the Criminal Code Act and Certain Other Acts. The regulation concerns the intervention-related self-defence, wherein a person acting in self-defence and repelling an attack on another’s good protected by law, while simultaneously protecting public security or order, is granted the same legal protection as public officials. The article analyses the genesis and development of this defence, its legal nature, objectives, conditions for application, the scope of criminal law protection for a person acting within the intervention-related self-defence, the exclusion of this protection, and the relationship between Article 231b § 1 and Article 217a CC. The primary scientific objective is to evaluate the legitimacy of its introduction to the Criminal Code and the correctness of defining the premises for its application and its scope. The aim of the considerations is to demonstrate that this measure, despite the negative assessment of its introduction to the Criminal Code in the doctrine, can play a vital role in ensuring security and public order.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"20 - 35"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47854659","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

Criminal Liability for (Self)-Liberation of a Person Legally Deprived of Liberty Under German, Swiss, Austrian and the Principality of Liechtenstein’s Law （自我）刑事责任-根据德国、瑞士、奥地利和列支敦士登公国法律被依法剥夺自由的人的解放

Ius Novum Pub Date : 2023-03-01 DOI: 10.2478/in-2023-0003

Piotr Poniatowski

引用次数: 0

Support for Households Due to the Change in the Digital Terrestrial Television Broadcasting Standard – An Attempt to Evaluate the Adopted Normative Solutions 数字地面电视广播标准的改变对家庭的支持-对已采用的规范解决方案的评估尝试

Ius Novum Pub Date : 2023-03-01 DOI: 10.2478/in-2023-0004

Maciej Borski

引用次数: 0

Divorce Versus the Best Interest of the Child as a Subject of Examination Conducted in Ozss: A Legal and Psychological Perspective 离婚与孩子的最大利益作为《奥兹》研究的主题:一个法律和心理学的视角

Ius Novum Pub Date : 2023-03-01 DOI: 10.2478/in-2023-0007

Lech J. Żukowski

引用次数: 0