{"title":"Przywilej lokacyjny Lublina z 1317 r. Siedemset lat nadania praw miejskich","authors":"J. Nikołajew","doi":"10.25167/osap.1203","DOIUrl":"https://doi.org/10.25167/osap.1203","url":null,"abstract":"The Municipal Charter granted to Lublin in 1317 by Prince Władysław the Short was the then state power’s acknowledgement for the urban aspirations of the town which at that time gained the status of a metropolis of the eastern Poland. The powers of the mayor and the burgesses of Lublin were the re-enactment of the provisions contained in other charters of that period, which resulted from the adoption of the German town law. The founding document of Lublin failed to include certain specific provisions (e.g. the right to timber, the right of storage, the right of fair days). However, other privileges concerning common town-related decisions (e.g. the right to land, own judiciary, share in income from rents) were typical of charters granted under the Magdeburg Law.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49362339","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}
{"title":"Park kulturowy a planowanie przestrzenne","authors":"Mateusz Pszczyński","doi":"10.25167/osap.1187","DOIUrl":"https://doi.org/10.25167/osap.1187","url":null,"abstract":"The article presents the institution of a cultural park, which is a form of protection of historical monuments. The influence of cultural park assumptions on spatial planning in the commune was pointed out. At the same time, it was shown that the creation of a cultural park is to a large extent dependent on existing planning documents.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46765394","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}
{"title":"Kanoniczne procesy małżeńskie a prawo polskie","authors":"K. Pluta","doi":"10.25167/osap.1213","DOIUrl":"https://doi.org/10.25167/osap.1213","url":null,"abstract":"The article shows individual marital processes which can be carried out according to the norms of the Code of Canon Law. The author describes matrimonium non existens, nullity process, processus brevior, separation in marriage, a trial in case of the death of a spouse, matrimonium ratum et non consummatum, marriage dissolution in favorem fidei. The relationship between church courts and state courts in matrimonial matters is also described. The analyses included in the thesis show that regardless of the existence of many similarities, the described procedures are two different proceedings, whose aim was to describe interactions between spouses.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45304201","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}
{"title":"Czy kar jest za dużo? Wokół Douglasa Husaka koncepcji kryminalizacji","authors":"Michał Peno","doi":"10.25167/osap.1186","DOIUrl":"https://doi.org/10.25167/osap.1186","url":null,"abstract":"The author endeavours to make a critical reflection on the concept of criminalization as formulated by Douglas Husak. D. Husak’s views on criminal policy are presented in a wider philosophical context and juxtaposed with assumptions of basic critical trends in criminal law science. Also, some suggestions are formulated to supplement Husak’s concept, who points out, above all, when punishment should not be applied. A supplement to Husak’s idea is a somewhat perverse attempt to collect model situations, in which recognition of an act as a crime can be justified (which the author himself tried to avoid). In addition, the article attempts to combine the philosophy of law with criminal policy and indicates the need to take into consideration philosophical foundations of criminal law policy.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47655220","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}
{"title":"Posiadanie w prawie karnym i cywilnym – czy dzierżyciel i prekarzysta może być pokrzywdzonym przestępstwem kradzieży?","authors":"Tomasz Tyburcy","doi":"10.25167/osap.1189","DOIUrl":"https://doi.org/10.25167/osap.1189","url":null,"abstract":"The structure of ownership in civil law consists of two elements. The first is the element of physical wielding (corpus possesionis), and the second is a psychological (subjective) element; constituted by a presumption in favour of possession – one is always presumed to possess in his own interest (animus rem sibi habendi). Legal possession is the detention (control) or enjoyment of property or right that we hold or exercise by ourselves. Having control over property for someone else is defined in civil law as holding (Art. 338 of the Civil Code), which concerns the realization of a certain task. Possession as a factual status is protected by Art. 278 § 1 K. K. and should be interpreted more broadly than within the civil law definition. It constitutes an actual control over a movable property, which can also be exercised by a holder acting on his own behalf (commissionaire), who is not the possessor within the definition of the civil law. In contrast, it appears that a holder not acting on his own behalf (employee) is not protected by Art. 278 § 1 K. K. It seems erroneous that the protection of unlawful possession in Art. 278 § 1 K. K. depends on the good faith of the holder. Another questionable issue is granting protection for the permissive occupant in Art. 278 § 1 K. K. There is very little attention devoted to this problem both in the case-law as well as literature. It seems that permissive occupant does not attain the control over property, because his actual relationship to it is not an expression of the will of detentor, and therefore he cannot be a victim of theft.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43726051","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}
{"title":"Konrad z Opola i jego dzieło","authors":"Józef Koredczuk","doi":"10.25167/osap.1202","DOIUrl":"https://doi.org/10.25167/osap.1202","url":null,"abstract":"In his contribution, the author presents Conrad of Opole, who was the author of the manuscripts of The Saxon Mirror, prepared for Cracow and Wroclaw (the so-called Versio Wratislaviensis), and then other sources of Magdeburg law (such as the Magdeburg Weichbild). The author of this article concentrates on the creation of these monuments of law, but also on their significance for the development of urban law in Poland as the basis for the location and system of cities in Poland. Moreover, these reflections provide an opportunity to present the mutual relations between Wroclaw and Cracow during their location.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43819712","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}
{"title":"Przedmiot prawa ubezpieczeń społecznych","authors":"Radosław Pacud","doi":"10.25167/osap.1193","DOIUrl":"https://doi.org/10.25167/osap.1193","url":null,"abstract":"The subject of social insurance law has a thematic scope, which can be variously defined and thus not uniformly used in jurisprudence. The subject of social insurance law should be distinguished from the subject of social insurance. In the definition of the subject of social insurance law, the role of contributions that distinguish insurance systems from social security systems needs to be taken into account. Apart from the contributions, the number of subjects in the social insurance law equates with the number of legally defined benefits. The thematic scope of the subject of social insurance law should be determined according to the catalog of social risks secured by social insurance law. While noting the subject of insurance law in the context of diversified rights of certain categories of entities, the subject of social insurance law should be combined with the subject of abstractive legal relations in the field of social insurance. Therefore, the subject of social insurance law is the corresponding contributory obligation and protection obligations in the scope of social risk defined by this branch of law.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42100135","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}
{"title":"Konstytucyjne podstawy prawa ubezpieczeń społecznych","authors":"Krzysztof Ślebzak","doi":"10.25167/osap.1192","DOIUrl":"https://doi.org/10.25167/osap.1192","url":null,"abstract":"The subject of this paper is related to the legal bases of social insurance law in the light of the 1997 Constitution of the Republic of Poland. The considerations undertaken herein indicate that although the Polish Constitution gave expression to the idea of social security, it seems that only on this foundation is the existence of the constitutional bases for distinguishing social insurance or social security law reasonable.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45287463","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}
{"title":"Informatyzacja rejestrów przedsiębiorców","authors":"Justyna Matusiak, A. Wojcieszak","doi":"10.25167/osap.1185","DOIUrl":"https://doi.org/10.25167/osap.1185","url":null,"abstract":"The article deals with the problem of computerization of business registers from the point of view of legal acts introduced into the current Polish legal system. The authors in their considerations focus on the presentation of doubts and legal issues related to the computerization of the two most important business registers: CEIDG and the National Court Register. First and foremost, the program documents relating to the development of the information society were analyzed. In addition, the authors also referred to the key – from the potential entrepreneur’s point of view – issues related to the functioning of the ePUAP trusted profile, the CEIDG computerization and the S24 Portal connected with the registration procedure of commercial law companies.","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44477558","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}
{"title":"Kilka uwag odnośnie do języka pomocniczego w świetle ustawy o mniejszościach narodowych i etnicznych oraz o języku regionalnym","authors":"Paweł Fiktus","doi":"10.25167/osap.1174","DOIUrl":"https://doi.org/10.25167/osap.1174","url":null,"abstract":"In accordance with the Act of 6 January 2005 on national and ethnic minorities and regional languages, the so-called auxiliary language was introduced into the Polish legal order. It involves a situation when it is used by a national or ethnic minority in a municipality where they constitute a minimum of 20% of the total population. Then there is the legal possibility of using the minority language on equal terms with the official language, that is the Polish language, before the municipal authorities. This paper presents and describes issues related to the rules of introducing an auxiliary language and situations when it can be used. The existing legislative shortcomings in the form of using phrases that are ill-defined or cause problems of interpretation are pointed out. The auxiliary language, although it can currently be used only in 33 municipalities, is an important element in the functioning of national and ethnic minorities in Poland, as well as is very useful in the relations between the municipality and the residents (belonging to the minority).","PeriodicalId":34464,"journal":{"name":"Opolskie Studia AdministracyjnoPrawne","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49012982","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}