The conformity of goods is a central concept underpinning the CISG and is based, broadly speaking, on breach of contract. However, questions arise whether the concept of conformity under the CISG has found its place in Ukrainian sales law, especially due to the lack of comparative research on this topic. This article, therefore, seeks to answer key questions and close gaps in legal research. In particular, the article highlights the differences between the CISG and the Ukrainian sales law and indicates where the latter requires improvements.

The rule of law does not govern all human interactions. There are times when the state bypasses legal constraints, as documented by the World Justice Project. Other times, jurisdictions may be mutually unfriendly and refuse to enforce foreign laws. Blockchains create trust between contracting parties at the individual level, enabling them to transact freely and increase consumer welfare. Blockchains can only supple-ment antitrust if the legal constraints do not impede their development. The law should thus support the decentralization of blockchains so that blockchain-based mechanisms may take over (even if imperfectly) where the law does not apply. With that in mind, we justify the attractiveness of that approach by showing that blockchain causes an increase in the number of transactions by creating trust (Part 1), and that it may overall increase the decentralization of economic transactions (Part 2). The law should take into account where it applies (Part 3). We conclude afterward (Part 4).

The article is devoted to the study of the correct application of the evaluative concepts contained in the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms. Attention is drawn to certain difficulties in the application of the evaluative norms in the Convention: despite their objective necessity and usefulness, they create a room for the law enforcement entity’s own discretion up to subjectivism in resolving specific cases; they serve as an objective obstacle to the unification of the case law of the ECtHR and this creates preconditions for unequal implementation of ECtHR judgments in the national legal order; they cause the risk of errors in the application of the provisions of the Convention by the competent authorities of the Contracting States. It is established that the application of legal norms containing evaluative concepts is challenging not only owing to the specific properties of the evaluative concepts themselves, but also due to the peculiarities of adjudication by the ECtHR when applying the evaluative norms. The relevant case law of the ECtHR as well as examples of national legislation are analysed in support of these theoretical conclusions. Since the lack of uniform application of the evaluative norms of the Convention causes divergent use of the ECtHR’s judgments in the domestic judicial system, it is advised to follow a number of rules for reasoning of decisions by the domestic court. These rules will serve as a certain guarantee against ambiguous implementation of ECtHR judgments at the national level.

The present article addresses the issue, whether in international law there exists pre-contractual responsibility (culpa in contrahendo). If such a responsibility indeed exists it will play a significant role not only in State-to-State relations, but also in the relations between States and private investors, given the fact that currently, on the virtue of investment treaties, private entities have rights to lodge claims against states before arbitration tribunals, which employ international law in their judgements. Hence, determination whether responsibility for culpa in contrahendo exists in international law, will allow to establish, whether private entities may base the claims on that ground, and if such course of action is advantageous. The proposed analysis will be based upon sources of international law, such as treaties, custom, general principles of law, as well as judicial and scientific authorities – and additionally also relevant practice in chosen States’ legal practice.

The subject of the article is an analysis of the legal solutions governing the princi-ples of handling medical waste and municipal waste produced by people under quarantine during the COVID-19 pandemic together with an analysis of the impact of the instruments specified therein on the existing legislative solutions and the prospective effects of the adoption of these regulations. The paper analyses the current legal framework, highlighting the uniqueness of the legal institutions used (in the context of a province governor’s orders excluding local law regulations or statutory obligations, and contracts specifying the manner of performance of public tasks entrusted), as well as the impact of these regulations on the subsequent operation of waste management facilities. At the same time, a number of practical problems that may arise in connection with the application of solutions provided under the existing law have been brought to light.

There are many theoretical and legal issues related to the operation of private military companies (PMCs) and their presence (location of their registered offices) in democratic states under the rule of law that remain unsolved in legal doctrine and practice. There are no clear rules at an international level that define the status of these agencies and the way in which they carry out their duties. There is also the problem of distinguishing between contractors and mercenaries. PMCs, like private security companies (PSCs), are used by states in exchange for large government contracts in so-called „unwanted wars”, where it is cheaper to conduct operations without parliamentary oversight, media publicity, or social objections to sending military contingents abroad. Sometimes it is a question of providing discrete military aid to „friend countries”. PMCs are politically safer in such a situation. Not only states but also non-governmental organizations, private companies,
rebel groups and declining dictators hire these private armies. The problem requires urgent multifaceted reflection leading to changes in legal doctrine and legislative action, both at the international level and in individual countries.

One of the main provisions in shaping legal obligations between the parties is the freedom of contract. Although the parties are free to choose the provisions of their agreement, the content and the aim of the contract cannot contradict the essence and nature of the contract of employment, the act and the principles of the community life. Thereby, in order to engage an employee based on a long term contract of employment for a specified period, along with a short, two weeks notice termination period, justified and rational presumptions should be in place. In other words, taking into consideration current provisions of law, long term contract of employment is acceptable; however its validity is depended on the circumstances of each individual case.

This article presents legal issues in connection to the relation between the state and the beneficiaries of earmarked subsidies for the realisation of public duty, especially the relation between the state and the local government bodies, as well as the purpose and the role of the subsidy contract in such relations. The provisions of the Public Finance Act referring to the conditions of allocating and reimbursement of the subsidy and, on the other hand, the right to regulate some of the rules in a contract as an institution of private law are being discussed in the context of the public character of the funds from subsidies. Additionally, common problems with the application of the provisions of the law are being reviewed in the above-mentioned context.

The article offers an analysis of the inscription of the 2nd century AD, engraved on a bronze board, founded in Souk el-Khmis in North Africa. It includes a complaint of colons from the area of saltus Burunitanus, addressed to Emperor Commodus, about the abuse of law by the procurator and the general land lessee. The text is a source of knowledge of the work conditions and the situation in the colons, working in the Imperial estates in North Africa (province of Africa proconsularis). It is at the same time one of the most comprehensive sources of information about the organisation and management of the Roman provinces during the time of the Empire. The colons were small land lessees, who on the basis of locatio-conductio contract cultivated land, collected harvested and paid tenancy. Initially they were free Roman citizens and enjoyed the confidence of the landowners. Over time, their situation deteriorated. The abuse in relation to them were
frequent and one such case of complaint is described. It is a testimony to the days, when the colons still had a strong and independent position, largely based on personal freedom.

The forms of the Alternative Dispute Resolution (ADR) procedures were developed in the 1960s in the United States. The ADR is based on conciliation of the parties rather than judgement. This is possible through ensuring of broad participation of the parties in the dispute resolution. The ADR has as its objective the replacement of the adjudication process by forms of arbitration, contract, mediation and conciliation. The goal is to reach
a compromise. The basic division of the ADR is into the basic and the mixed (hybrid) forms. The basic ones include mediation, negotiations and arbitration. The hybrid forms include, for example, conciliation, fact finding, mini-trial. The ADR tools are successfully used for solving disputes in civil law, labour law, and administrative law and even in criminal cases. American agencies also apply ADR procedure called reg-neg to work out the content of legal regulations between officials and representatives of the parties concerned. ADR forms are also used in appeal proceedings. Despite unquestionable advantages of the ADR methods, there are critics who blame them for lowering the standard of the judiciary. There is no doubt that the application of ADR results in de-formalisation and simplification of the court proceedings and often in delegating the position of a negotiator or mediator to people without a legal background. However, this should not overshadow the greatest asset of the ADR, namely, the achievement of permanent agreements satisfactory for both parties.

In the article the author analyses the possibility of using under the donation agreement two different legal constructions: instruction (article 893 of Polish Civil Code) and contract for the benefit of third party (article 393 of Polish Civil Code). The author analyses the differences between these two legal constructions and discusses the criteria of correct subsumption. Furthermore the author considers whether the third party is entitled to demand the instruction to be followed in front of the court.

The increased effectiveness of competition law enforcement has contributed to th appearance of an atypical type of cartel, which engages not only competitors, but also their common supplier (or retailer). The so called hub-and-spoke cartel consists in the exchange of strategic information between two or more horizontal competitors (spokes) via a common contractual partner active at a different level of the production/distribution chain (the hub), who often also contributes to stabilizing a cartel. Due to the existence of the vertical element of this indirect information exchange, the question arises whether it should be assessed in the same way as its direct equivalent, i.e. as a “by-object” restriction of competition, thus, not requiring an analysis of its actual effects. Although the EU institutions have not adjudicated a hub-and-spoke collusion case yet, the jurisprudence of the national courts may provide useful guidance on what the constituent elements of the hub-and-spoke collusion are and how to assess this practice under the EU competition law. The analysis of both national and EU case law allows to contend that the hub-and-spoke cartels should amount to de facto horizontal information exchange and be assessed in accordance with the “by-object” standard. However, the hub-and-spoke collusion may equally constitute a part of a normal negotiation process (e.g. bargaining) with trading partners, as well as give rise to several efficiency gains, which should be taken into account in examining the practice concerned under the EU competition law.

The paper analyses challenging the validity of an employment contract by the Social Insurance Institution, in the course of a control of correctness of the determination of the social insurance obligation that results from the employee status. In the first part, the author analyses the problem of a fictitious contract and acting against the law or with the intention to circumvent the law, or contrary to the principles of community life. He indicates documents and information that are most often requested by ZUS, and describes the situations which are most thoroughly examined. In the next part, following issues are examined: the existence of an employment relation, salary, employing relatives, concluding the employment contract in order to register for insurance purposes and the situation of pregnant employees or employees shortly before retirement. The paper is concluded with the most frequent arguments for, or against the existence of employment and the most advantageous practices to litigate with the ZUS are described.

One of the consequences of the post-1989 significant legislative activity of the Sejm of the Republic of Poland is the fact that legal acts that play a special role in the legal system (codes) are also subject to numerous amendments. What is the influence of such amendments on the cohesion and transparency of the legal regulations included in these codes? Was the intention to fulfil the demands of the business trading of the time, undoubtedly deserving of approval, by modernising the existing regulations, introducing new ones, and – potentially – abandoning those whose practical significance and application is currently marginal in the context of the discussed matter an essential motive for undertaking many legislative changes applied to the Civil Code regarding the legal regulations of economic relations – including in particular the legal regulations of the specific part of commercial contracts law – after the transformation of the socio-economic system in the years 1989–1990? Is it therefore possible to say with respect to the present shape of the specific part of commercial contracts law in the Civil Code that this is in an optimal state? Or perhaps there is an excessive or insufficient number of legal regulations in this matter? Are there any draft amendments to the said area of legal regulations? What directions do they follow? The subject matter of this paper is to search for answers
to the questions asked above.

This paper presents an analysis of legal issues related to the use of a blockchain in business. Considering the legal aspects at as early a stage as possible is one of the key areas which are crucial for the success and timely realisation of a project. The scope of legal issues depends on the type of the decentralised solution chosen by the organisation. The authors explain the differences between an open blockchain and a closed one, noting the degree of control and the advantages of both solutions. When it comes to the following paragraphs of the paper, the meaning of jurisdiction selection and the manner of managing personal data in projects related to the use of blockchain are discussed. The authors explain what smart contracts are to the reader. They point out sector regulations which may have an influence on the carrying out of blockchain projects in individual sectors that are regulated. They analyse the issues of the cryptocurrency market and explain to the readers why the taxation of cryptocurrencies is controversial. In the final part, they signal that organisations planning to implement a blockchain-based solution should take the Anti-Money Laundering (AML) regulations and related issues concerning Know Your Customer (KYC) into consideration. The paper makes it possible to understand why the legal regulations discussed may turn out to be an essential project risk if they are not recognised in time, and how addressing legal issues smoothly helps in the transformation of a project at the Proof of Concept stage, into a solution that works productively.

This article seeks to explore the issue of the required form of agreement on the transfer of rights and obligations of a party to a contractual relationship by a third party, which in the Polish legal system functions as an innominate contract and is more common in foreign legislations (Vertragsübernahme, transfer of contract, cession de contract). This issue has been analysed taking into account the various possible configurations of parties to such an agreement as well as the various legal natures of the rights and obligations transferred. So far, this matter has not been thoroughly discussed in the Polish legal literature. According to the author, in line with the unity theory, an agreement on the transfer of rights and obligations of a party to a contractual relationship should be classified as a single legal transaction and not as two separate (independent) transactions of claim assignment (Article 509 of the Civil Code) and debt transfer (division theory). Therefore, it requires a written form otherwise being invalid. This requirement applicable to an entire agreement results from Article 522 sentence 1 of the Civil Code; it also meets less strict formal requirements regarding claim assignment (Article 511 of the Civil Code). In this paper, the author also discusses the question of whether Article 77 § 1 of the Civil Code and pactum de forma regarding amendments to an agreement (Article 76 sentence 1 of the Civil Code) apply to the form of the agreement in question.

The inspiration behind the article is the two new provisions of the Polish Criminal Code, penalising the up to now unpunished behaviour leading up to murder, introduced by means of the Act of 13 June 2019 on the Amendment of the Act – Criminal Code and Certain Other Acts. Despite the doubts regarding the constitutionality of the act in question, it is reasonable to look into the mechanism of preparation to murder and contract killing, if only because of the fact that these solutions may return in further draft amendments to the Criminal Code. The analysed provisions has given rise to a more general reflection on the legitimacy of penalisation of preparation to murder in the light of contemporary indications of the theory of criminalisation. The discussion also features remarks on the already functioning types of prohibited acts, used, among others, to criminalise acts undertaken at the stage of preparation to murder. The conclusions have led to a demand for the adoption of a provision sanctioning an incomplete variant of preparation to murder and for a total abandonment of separate criminalisation of contract killing.

The author of the paper understands the term of “excess of legal regulations” as the situation of imposition of regulations governing a specific institution of the com-mercial activities law under the Civil Code, which are fully or partially obsolete from the point of view of the needs of contemporary business trading. The term of “deficiency of legal regulations”, in turn, is to denote a complete lack of a regula-tion of a specific institution of the commercial activities law as may be desired in the domain of contemporary business trading, or the existence of such a regulation but in a form that is limited, incapable of addressing the needs and challenges of the said domain. When it comes to the legal regulations of the commercial activi-ties law, the author argues that it is hard to regard the current legal situation in Poland as successfully fulfilling the requirements of a coherent legal system and of the legis­lative technique principles that are applied therein. In the text, the author provides a detailed explanation of why commercial activities governed by the Civil Code suffer from a substantial deficiency of legal regulations in the scope in question.