JACEK CHACIŃSKI
ABOUT SELECTED PROBLEMS OF A COLLECTIVE LABOUR AGREEMENT
Summary
The author of the article attempts to provide the evaluation of the legal character of collective labour agreements.
The author proposes that a collective labour agreement is an act in law. In his opinion, the agreement may be considered an act in law and a source of labour law.
The author subscribers to the opinion that there is a need for broader application of the institution of civil law in the area of collective labour agreements. The interests of the parties to such agreements display a number of features characteristic of private law.
JAN IZDEBSKI
ANTIDUMPING PROTECTION
Summary
Dumping practices in the international turnover are regarded as unfair competition. Dumping refers to the sales of commodities at a price lower than in a foreign exporter’s market or lower than the actual costs of production.
Dumping practices impede the progress of the economic activity, hence the legal systems of particular states in concert with international trade regulations allow for the relevant countermeasures.
Individual states participating in international trade exchange implement anti-dumping instruments. Such instruments of protective character prevent threats to the international trade resulting from unfair practices.
JAN KRAJCZYŃSKI
DEONTOLOGY OF THE MEMBERS OF LEGAL CLINICS
Summary
The study attempts to define the basic ethical and deontological principles followed by the members of legal clinics (student legal assistance centres). The focal point of the study is the standards governing the relationship: student – client of a legal clinic. The moral principles discussed such as best will and knowledge, respect for the client, personal conduct, trust, concerned with clients’ interest, professional confidentiality, social sensitivity and justice, independence, impartiality and terseness, conscientiousness, truthfulness, although heaving no legal character, ensure the safety of both clients’ and students’ interests as well as public interest. If carefully adhered to, the standards will help realise the social objectives of legal clinics, including: the provision of free legal assistance to people who cannot afford professional and expert legal counselling in legal firms; the enhancement of the legal training process; the fulfilment of the university's social function and contribution to the regional life by offering legal information and advisory services; the development and establishment of the system values of the soon-to-be lawyers. Ultimately, the observance of the principles listed, which can always be treated collectively, guarantee high-quality legal services and make this kind of free legal aid very attractive compared with the traditional legal assistance.
PAWEŁ SOBCZYK
THE PROBLEM OF THE COGNIZANCE OF THE CONSTITUTIONAL TRIBUNAL AND THE VERIFICATION OF CONFORMITY OF THE ACT AMENDING THE CONSTITUTION WITH THE CONSTITUTION OF THE REPUBLIC OF POLAND
Summary
The Constitution of the Republic of Poland of 2 April 1997 as a collection of basic laws contains the fundamental principles of the axiology of law and cardinal rights underlying the political, social and economic order. The constitution is a supreme law in the hierarchy of the sources of positive law; what follows, the legislators, when drawing up new laws, are obliged to rely upon the constitution and propose no laws contradictory to the constitutional standards. The sentence in the preamble of the Constitution of the Republic of Poland saying that it is “the basic law” does not rule out any amendments, since Article 235 provides for the amendment procedure under an act amending the constitution. Nevertheless, the idea of modification of the supreme law raises many theoretical and practical issues concerning, for example, "the act amending the constitution", the procedure of passing such an act, the scope of amendment and the cognizance of the Constitutional Tribunal with regard to the corroboration of conformity of this act with the constitution itself.
According to the binding regulations – in particular the Polish Constitution of 2 April 1997 and the Constitutional Tribunal Act of 1 August 1997, the tribunal is not entitled to assess the conformity of an act amending the constitution with the constitution in its material part (content-related). Current regulations provide only and exclusively for the tribunal's supervision over the process of passing such an act (competence and procedure).
PIOTR TELUSIEWICZ
SEIZURE OF CHATTELS BELONGING TO A PERSON RESIDING WITH A MAINTENANCE DEBTOR – AN ATTEMPT OF CONSTRUCTIVE EVALUATION
Summary
On 7 September 2007, the Sejm passed the Act on the Assistance to Persons Entitled to Maintenance (Journal of Laws of 2007, No. 192, item 1378). As of 1 October 2008, Article 33 of this act brings into effect specific amendments of the Code of Civil Procedure. Broadly speaking, the changes concern the enforcement of maintenance dues, enforcement exclusions and the sanctions for the maintenance debtors’ default. The amendment of greatest import is the one regarding the enforcement of maintenance dues consisting in adding Article 845 par. 2 a) to the Code of Civil Procedure. It reads, “As far as the enforcement of maintenance and use is concerned, the court executive officer may also seize the chattels in possession of the person residing with the debtor without the consent of the former, unless they provide evidence that the chattels are their exclusive property.”
With a new legal standard being framed like that, a number of issues emerged pertaining to its application. First and foremost, it is the notion of “a person residing with the debtor.” This wording has sparked a vivid and critical discussion led in the political and public domain. It seems, however, that despite many judgmental opinions the solution in question should be evaluated favourably.
HANNA WITCZAK
THE CAUSES OF UNWORTHINESS TO INHERIT (REMARKS TO ARTICLE 928 PAR. 1 OF THE CIVIL CODE)
Summary
The problem discussed in this study comprises butter slice of a very extensive material concerning the exclusion from succession. Unworthiness to inherit his instrument used for the exclusion of the subjects who, considering the common sense of justice, should be deprived of any inheritance benefits. Due to the severity of the sanction and the unique character of the regulations pertaining to unworthiness to inherit, they should be very carefully construed. In particular this careful interpretation should be applied to the regulation governing the causes of unworthiness, i.e. defining a catalogue of the heir’s conduct which may justify the exclusion (Article 928 par. 1 of the Civil Code). The current wording of the regulation raises certain doubts, especially on account of the legislator being unclear about the meaning of the term, “grievous crime”, as used in Article 928 par. 1 pt 1 of the Civil Code. Undoubtedly, such a term, if denoting the notion of crime in Article 7 of the Decree – Law of Succession, provides grounds for the inclusion of the majority of the heir’s behaviours as justifying unworthiness to inherit, primarily due to the fact that a grievous crime might also have been be committed against the testator. If maintained, the previous regulation will eliminate the opportunity to recognize the heir as unworthy if they, for example, commit a crime of cruelty, rape or resulting in health impairment, including the circumstances which might lead the victim to the act of suicide. The problems with interpretation also concerned the application of the regulation in Article 928 par. 1 pt 3 of the Civil Code about the document certifying the content of a verbal will. The literature on the subject is open to discussion about the future shape of the law of succession, including unworthiness to inherit. It should be noted that it is not only the alteration of the catalogue of conduct justifying the exclusion that calls for attention, but also the times of filing the request for the acknowledgement of unworthiness or the subjective scope of this instrument.
