Prof. Andrzej Bałandynowicz: Individual-collectivist attitudes toward
environmental crime
Abstract
Rapidly progressing and uncontrolled economic and civilization development has consequently led to a situation where irreversible changes are occurring in the natural environment, posing a real threat to human life and health.
There is a growing awareness that human interference significantly interferes with the self-regulatory capabilities of nature, and to prevent catastrophic environmental degradation, it is necessary to create and apply normative solutions that enforce human behavior aimed at respecting the surrounding nature.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Irena Bochniak: Functioning and management of the land and mortgage register department (selected issues) – specificity of a department operating in a large city
Abstract
The land and mortgage register division is one of the divisions of the district court, but it has its own specificity which distinguishes it from other court divisions. This specificity results from the types of cases examined and their number. Due to this specificity, there are also problems related to the management of such a division, unknown in other court divisions. Additional faculty management problems arise in the case of large departments covering areas of large cities. The article presents selected problems and an attempt to solve them in practice, as well as the special role of the head of the division and the president of the court in finding and applying appropriate solutions for the efficient work of the land and mortgage register division.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Prof. Joanna Haberko: Conflict resolution between family members and child welfare
Abstract
The subject of the article is an important contemporary issue, from the perspective of law, but also from the perspective of broadly understood social sciences (pedagogy, psychology), of taking into account the welfare of a child in the event of a conflict between family members. The author shows the instruments developed by the legal system to protect the interests of individual family members, in particular the interests of a minor in case of conflict. The considerations cover the material and legal bases for the settlement of conflict situations between family members, with particular emphasis on the implementation of the postulate of the child's welfare at each stage of the proceedings and regardless of the personal situation of the child's parents.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Anna Dziergawka PhD: Compensation liability of parents for the child
Abstract
This paper covers issues related to the problem of parents' civil liability for damage caused by their child. The considerations take into account the responsibility of parents in the context of their exercise of parental authority. The author treated the subject comprehensively and interdisciplinary, analyzing legal regulations in four areas of law, i.e. misdemeanor law, family law, civil law and the act on supporting and social rehabilitation of minors. In the summary, de lege lata conclusions and de lege ferenda conclusions were formulated, which aim to propose favorable solutions for the practice of applying the law, taking into account the social dimension of the discussed issue.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Adam Jaworski: Abolition of co-ownership by division of the real estate in the conciliation proceedings
Abstract
The scope of the paper explains the admissibility of conciliation proceedings in the case concerning abolition of co-ownership. Each of the co-owners may require that the abolition of joint ownership takes place by a breakdown of the joint-ownership. In general, such a case can be closed by a friendly settlement in the so-called conciliation proceedings. However, the admissibility of the settlement is restricted by requirements provided by the (Real) Property Management Act and Act on/concerning Ownership/Proprietorship of Premises.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Robert Seweryn: The issue of transferring a judge without his consent to another court division as a result of allocation of tasks
Abstract
The article discusses the issue of transferring a judge to another court division without his consent. The author debates on the status of a judge as an employee, as well as on the procedure and conditions of transferring a judge to another court division without his consent.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
Robert Kucharski: Crown Tribunal: the nobility's highest court
Abstract
The creation of the supreme court during the First Republic of Poland, which was the Crown Tribunal, was an important step in modernizing the system of justice. The introduction of the institution of appeal and other related institutions to the court procedure, enabling appeals against a judgment, was associated with a natural limitation of the monarch's prerogatives in such a state of affairs. The king as sovereign always issued a final judgment, from which no appeal was possible. The need to consider an appeal against a first instance decision necessitated the establishment of a supreme judicial authority. The Crown Tribunal has written a great page in the history of the Polish judiciary based on original and interesting legal and practical solutions. This study will present the genesis, functioning and influence of the Crown Tribunal on the development and functioning of the judiciary bodies of the Republic of Nobility in the period from the 16th to the 18th century.
Full text in Polish – https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/1925-consilium-iuridicum-nr-5-2023.html
