The aim of this study is to present regulations concerning euthanasia determined in Article 150 of the Polish Criminal Code. In the following analysis I examine statutory features of the aforementioned offence, in particular its attendant circumstances related to the issue of the legally valid request and sympathy of the perpetrator. The paper discusses the value of the evidence from court expert opinions (psychiatrist and psychologist) in view of the euthanasia perpetrator’s mental condition. The article also briefly describes the issue of legal protection of Article 150 of the Polish Criminal Code, types of euthanasia (active and passive), as well as the issue of doctors’ criminal liability. The legal dogmatic method has been applied in the study. The paper is based mainly on the analysis of relevant legislation currently in force, judicial decisions and the opinions of the sciences of criminal law representatives. The empirical study conducted as a case study is based on case no. 5 Ds. 23/12 PR w L. r. I also briefly present analysis results of the interview with Igor Tuleya (Judge of the District Court in Warsaw) conducted on 28th October 2016. The study has been carried out based on the legal status as of 1st October 2016.
Intellectual protection in fashion industry issues constitutes an important and difficult aspect of fashion law – the innovative law specialization which is an amalgam of different branches of law. The objective of the article is to analyze the registrability of color per se trademark in fashion sector. The incentive that dedicate the paper to these matters was the proceeding in a case Christian Louboutin v. Yves Saint Laurent based on US law and concerning the infringement of the red sole trademark. For this reason the article focuses on US law and presents regulations contained in federal legislation, Lanham Act in particular, as well as USPTO practice in such cases and appropriate judicature. The analysis covers trademark as a legal concept, judicature’s standpoint towards the nature of both color per se trademark and colors trademark in fashion sector, last but not least – legal problems that arose in Louboutin v. YSL case. The article is summarized by a synthesis of the courts’ opinions and brief conclusions concerning trademark protection of color per se in the fashion industry.
The following article is an attempt to give an answer to the question about, whether and how an entrepreneur, by making a car available to an employee, which is previously leased, is entitled to a full deduction of input Value added tax (VAT) on any related expenses. The jurisdiction on this issue is not uniform and the interpretation of article 86a sec. 1 Act on value added tax, still poses many problems. The examples of the sentences in the article, clearly and concisely define, what legal premises the entrepreneur must fulfil in order to benefit from the right to deduct VAT. By analysing them over the past few years it may also be observed that the case law does not go in the direction the entrepreneurs are expecting, so they will have to be patient and count on the Court’s favour.
Recently, online platforms, such as Uber, Bolt, Free now, have revolutionised the transport services market. They broke the existing linear structure between driver and passenger becoming the third element on the way to enter into a contrach, sometimes in a far-reaching way interfering with the content of the legal act, the way the parties communicate or the amount of information they obtain about each other.
This article examines the legal status of online platforms within the framework of a triangular model of legal relations on the example of platforms involved in the conclusion of transport contracts. In particular, an attempt was made to answer the question whether it is possibile to assign to the operator of the online platform liability for non-performance or improper performance of an obligation which arised with the participation of the platform, and if so, under what conditions and circumstances may result in exemption from such liability. The resolution of this issue is crucial to the effectiveness of the redress and the exercise of rights by the contracting parties.
In order to find a solution to these problems, the author has analysed national and EU legal acts, judicature (e.g. the judgment of the Court (Grand Chamber) of 20 December 2017 in case C-434/15) and regulations of leading online platforms associating drivers and passengers.
The article is devoted to the topic of protecting the rights of a foreign employee who works illegally in Poland. The thesis of the article is the ineffectiveness of current legal instruments. A foreigner is often forced to take up illegal employment, which is why it is necessary to examine the conditions and causes of this phenomenon. It seems that the underestimation of the significance of this phenomenon by state authorities and the lack of an adequate response by the legislator have a key impact on this.
To examine this issue, a survey was conducted on 50 randomly selected people, foreigners who have ever worked or are currently working illegally in Poland. On the basis of its results, the article presents the main reasons why foreigners take up illegal work, including cases of coercion, their exploitation and fraud, as well as what are the conditions of their work, namely, whether they comply with employee rights and human rights.
The analysis of the phenomenon gives grounds to believe that there is a need to strengthen the system of checking the legality of employment of foreigners. It is also necessary to consider whether Polish law should provide, as at present, fairly mild penalties for both the foreigner and the entity entrusting illegal performance of work.
At a glance, compensation for harm as commonly associated with suffering of a natural person does not seem to fit the combination with a legal person. Adding to above the personal interests – which seem more like an attribute only of the human being, the topic seems to be detached from reality. Nothing could be further from the truth, since the institution of personal interests of a legal person and the consequences of the infringement are set out in art. 43 of the Civil Code (in conjunction with art. 24 of the Civil Code). The case law and doctrine views constantly try to explain what forms of an open catalogue of personal interests of a legal person can be dealt with which makes an attempt to use the claim a bit easier. I deliberately mention at this point an attempt to use the claim, because a kind of abstraction of this institution and still not many court rulings do not encourage making claims. Therefore, the aim of this article is to bring the institution of compensation for the infringement of personal interests of a legal person closer and to indicate the ways of using this claim, as well as to try to create a framework of the amount of compensation that can be obtained as a result of the trial. The above considerations are based on the analysis of the case law and doctrine views in this aspect.
The subject matter of this article is a discussion of an error as a defect in declaration of intent and its impact. For this reason, the Author will examine concepts specified in the article 84 of Polish Civil Code and present their essence. Further, the Author enumerate conditions of an error and discuss them. For this reason it will be compere the legal terms - „legal act” and „declaration of intent”. In order to discuss this matter it is necessary to explain the difference between error – in narrow meaning – and mistake. The article discuss creating competencies which enables evading defective declaration of intent made under an error, i.e. defective declaration meeting conditions which do not render invalidity of contract ex lege. For this it is necessary to act erransa. In article it will be also indicated which are the differences of opinion in the scope of evaluation of materiality of errors, i.e. subjective and objective. Considerations shall refer to the interpretation provisions of declaration of intent. At the end it shall be made the reference to error as to the motivational sphere – in particular error as to the motives. Aforementioned conditions will be discussed and compared in doctrine and jurisdiction. The article will finish with de lege ferenda conclusions.
The development and popularisation of modern Information and Communication Technologies
continue to have considerable impact on the functioning of a wide range of our daily life, particularly
when it comes to such an important sector as healthcare. The electronic medical records,
e-prescriptions or on-line medical consultations are merely a few practical application of ICT in this scope.
The article shows how the process of the e-prescription is being implemented in Poland and the
conditioning of the various legal and social aspects. Moreover, it challenges an analysis of legal
regulations concerning functioning of the e-prescription in Poland in comparison to the solutions
developed and accepted in other countries. The article uses example of the experience of
e-prescription in the European Union, as well as a chosen country from outside the EU.
The objective of this article is an attempt to evaluate if the solutions developed and applied in Poland
are more effective and safer in comparison to those functioning in other countries, or if it would
be more beneficial to explore the experience of the models in use in the analysed countries and
consider to implement in Poland some aspects of these solutions.
In the article, I will try to prove the truth of the hypothesis that the new business constitution
is far from the expectations of entrepreneurs and the theory of entrepreneurship. The legal and
comparative analysis will show that it contains minor modifications to the Act of 2 July 2004 on the
freedom of economic activity. It is even a significant recession in relation to the so-called Wilczek’s
Law, despite the fact that it was advertised as a return to liberal rules facilitating business operations.
The main limitation of changes is the Polish pension system and it must be strongly reformed for the
needs of enterprise dynamization in Poland. I would like to propose changes to this system so that
it would be conducive to the development of business and stopped the very likely bankruptcy of the
pension system, whose liabilities due to future pensions amount to nearly PLN 5 billion.