Review of European and Comparative Law最新文献_第9页

Excluding Forced Heirs due to a Lack of Personal Relationship with the Deceased in Spain in a Comparative Perspective 从比较的角度看西班牙因与死者缺乏私人关系而排除强制继承人

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.12717

R. M. Garcia-Teruel

引用次数: 0

Gloss to the Resolution of the Supreme Court of 26 February 2021, III CZP 24/20 [on the Interpretation of the Will] 最高法院于2021年2月26日第III号决议(CZP 24/20)的注释[关于遗嘱的解释]

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.13083

Paweł Marcin Zdanikowski

{"title":"Gloss to the Resolution of the Supreme Court of 26 February 2021, III CZP 24/20 [on the Interpretation of the Will]","authors":"Paweł Marcin Zdanikowski","doi":"10.31743/recl.13083","DOIUrl":"https://doi.org/10.31743/recl.13083","url":null,"abstract":"The resolution with gloss concerns the rules for interpreting a will. The Supreme Court stated in it that an interpretation of a will should be performed taking into account all circumstances, including those external to the will and using all means of evidence. The Supreme Court decided that it is the court adjudicating in the case for inheritance acquisition, assessing the evidence gathered in a specific case, that should assess whether it is actually possible to establish the will of the testator. The author of the gloss accepts the thesis of the resolution, but argues with the position of the Supreme Court contained in its justification that only the rules for evidence assessment constitute an instrument allowing one to establish the testator’s will. In the opinion of the author of the gloss the functional interpretation of Art. 948 of the Polish Civil Code (k.c.) indicates limits to the interpretation of the will. After all this is a process that renders it possible to determine the testator’s will in a manner that does not raise any doubts. Therefore, if the interpretation of the will of such fails to secure such a degree of certainty, even despite a positive assessment of the evidence gathered in the case, the court should state that the inheritance has been acquired under the Act.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125680101","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: 1

Medieval Canon Lawyers and European Legal Tradition. A Brief Overview 中世纪教会律师与欧洲法律传统。简介

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.12727

Tomasz Giaro

{"title":"Medieval Canon Lawyers and European Legal Tradition. A Brief Overview","authors":"Tomasz Giaro","doi":"10.31743/recl.12727","DOIUrl":"https://doi.org/10.31743/recl.12727","url":null,"abstract":"The Roman Church was a leading public institution of the Middle Ages and its law, canon law, belonged to most powerful factors of European legal history. Today’s lawyers have hardly any awareness of the canonist origins of several current legal institutions. Together with Roman law, canon law constituted the system of “both laws” (utrumque ius) which were the only laws acknowledged as “learned” and, consequently, taught at medieval universities. The dualism of secular (imperium) and spiritual power (sacerdotium), symbolized by so-called two swords doctrine, conferred to the Western legal tradition its balance and stability. We analyze the most important institutional achievements of the medieval canon lawyers: acquisitive prescription, the Roman-canonical procedure, the theory of just war, marriage and family law, freedom of contract, the inheritance under will, juristic personality, some institutions of constitutional law, in particular those based on the concept of representation, and finally commercial law. Last not least, the applicability of canon law defined the territorial extension of medieval and early modern Christian civilization which exceeded by far the borders of the Holy Roman Empire, where Roman law was effective as the law of the ruler. Hence, the first scholar to associate Roman law with (continental) Europe as a relatively homogeneous legal area, Paul Koschaker, committed in his monograph Europa und das römische Recht, published in 1947, the error of taking a part for the whole. In fact, Western legal tradition was based, in its entirety, not on Roman, but rather on canon law; embracing the common law of England, it represented – to cite Harold Joseph Berman – the first great “transnational legal culture”. At the end, some structural features of canon law are discussed, such as the frequent use of soft-law instruments and the respect for tradition, clearly visible in the approach to the problem of codification.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130600316","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: 1

Solvency Test in Polish Simple Joint-Stock Company: A Review and Comparative Analysis 波兰简单股份公司偿付能力测试:回顾与比较分析

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.13197

Andrzej Herbet, Natalia Wielgat

引用次数: 0

Combining Legal and Economic Theory. An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law 法律与经济理论的结合。荷兰和波兰继承法中家庭条款的跨学科研究

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.12840

M. Beuker

{"title":"Combining Legal and Economic Theory. An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law","authors":"M. Beuker","doi":"10.31743/recl.12840","DOIUrl":"https://doi.org/10.31743/recl.12840","url":null,"abstract":"Although testamentary freedom is an important principle in succession law, legislators and judges across the world have recognized the importance of certain family members by granting them mandatory claims in the inheritance of their deceased relative (in spite of wishes of the deceased). This article focuses on these rights. The goal is to introduce the Dutch framework of imperative succession law and to demonstrate the possibilities of combining the legal and economic discipline to deepen knowledge on these provisions. Whilst examples will focus upon succession law, the concepts will be described in a general manner. This might inspire researchers to apply a similar interdisciplinary approach in other fields of law.\u0000The imperative provisions that currently exist for family members in the Netherlands can be divided into two types of claims. The first is the legitime, a fixed claim for children of the deceased. The second type are the other statutory entitlements that cover a specified range of situations in which judges have freedom in deciding upon the requests of family members. However, this discretion raises many questions on the way judges should handle such claims.\u0000A combination of law and economics can aid in describing and interpreting the law, for example by defining the need for support that is often required for a successful claim. By relying on economic data and theory, judges can come to a more consistent and substantiated way of establishing the need for support. The interdisciplinary methodology can also improve comparative legal research. The functional approach that is common in comparative legal research, assumes that law fulfills certain functions. Economic figures provide an objective basis that demonstrates what functions a law fulfills and to what extent this is done efficiently. This information can be used to compare the functioning of laws in different countries.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"C-19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126773293","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: 1

On the Subject of Testamentary Burden against the Background of German Law 论德国法律背景下的遗嘱负担问题

Review of European and Comparative Law Pub Date : 2021-12-07 DOI: 10.31743/recl.13011

Jacek Trzewik

引用次数: 0

The Evolution of Cybersecurity Regulation in the European Union Law and Its Implementation in Poland 欧盟法律中网络安全监管的演变及其在波兰的实施

Review of European and Comparative Law Pub Date : 2021-08-21 DOI: 10.31743/recl.12645

G. Szpor

{"title":"The Evolution of Cybersecurity Regulation in the European Union Law and Its Implementation in Poland","authors":"G. Szpor","doi":"10.31743/recl.12645","DOIUrl":"https://doi.org/10.31743/recl.12645","url":null,"abstract":"The 2013 European Union Cybersecurity Strategy, the 2016 Directive, and the 2019 Regulation mark the next steps in strengthening the protection of cybersecurity by European Union bodies, linked to changes in member states’ laws. The rapid increase in threats, referred to as the “cyberpandemic”, requires prompt adaptation of legal instruments to new needs, but at the same time complicates ensuring consistency of multi-level regulation. The analysis of changes in the legal status in Poland shows that this concerns terminology, subject matter scope and the structure of cyber security systems. In order to reduce difficulties, it is worth considering introducing immediate amendments to those provisions in force which were negatively assessed during works on drafting new acts. Such a conclusion is prompted by the evolution of the definition of cybersecurity, which, according to the 2019 Regulation as well as the draft amendments to the Polish Act on National Cyber Security System and the draft of the new Directive, is to be understood as activities necessary to protect networks and information systems, users of such systems and other persons against cyber threats such as any potential circumstance, event or action that may cause damage, disruption or otherwise adversely affect networks and information systems. Another example is the maintenance of the distinction between key service operators and digital service providers in the 2019 EU Regulation and the 2021 draft amendment to the Polish law, although the 2020 NIS 2 directive draft recognizes that it has become irrelevant and replaces it with a distinction between essential and relevant entities. Also, other changes currently proposed are justified by the blurring of the boundaries between virtual and real space.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130524097","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: 2

Information Pollution in a Digital and Polarized World as a Challenge to Human Rights Protection – the Council of Europe’s Approach 数字化和两极分化世界中的信息污染是对人权保护的挑战——欧洲理事会的做法

Review of European and Comparative Law Pub Date : 2021-08-21 DOI: 10.31743/recl.12389

Alicja Jaskiernia

引用次数: 1

Legal Basis for Introducing Restrictions on Human Rights and Freedoms during the First Wave of the COVID-19 Pandemic 第一波疫情期间限制人权和自由的法律依据

Review of European and Comparative Law Pub Date : 2021-08-21 DOI: 10.31743/recl.12439

Karol Dobrzeniecki, Bogusław Przywora

引用次数: 3

Review of Erik Ringmar, History of International Relations: A Non-European Perspective, Open Book Publishers, Cambridge 2019, pp. 206, ISBN 978-1-78374-022-2 《国际关系史:非欧洲视角》，《开放图书出版社》，剑桥2019年版，第206页，ISBN 978-1-78374-022-2

Review of European and Comparative Law Pub Date : 2021-08-21 DOI: 10.31743/recl.9269

M. Nabożny

引用次数: 0