scholarly journals Personality Rights – A Universal Tool for the Recovery of Non-Pecuniary Loss

2021 ◽  
Vol 7 (4) ◽  
pp. 575-586
Author(s):  
Martyna Kasperska
Keyword(s):  
Mental Distress ◽  
Legal Protection ◽  
Tort Law ◽  
Personality Rights ◽  
Loss Compensation ◽  
Legal Justification ◽  
Polish Law ◽  
Personal Interests

As society develops, the concept of personality rights and their legal protection gain significance over the years. Naturally, this concept is evolving as society changes, and it should protect new personal interests against infringement. At the same time, there are reported instances of granting legal protection with doubtful legal justification. In Poland, many commentators and scholars point out that the courts, in some cases, seem to use the concept of personality rights as a universal tool in order to compensate for nearly any mental distress. In this paper, I wish to present interesting examples of this "search" for new personality rights as tools to compensate the plaintiffs for non-pecuniary damages, along with some controversial cases of granting non-pecuniary damages based on questionable legal justification. Following, I will attempt to clarify the notion of non-pecuniary loss and examine whether the courts try to expand its meaning to grant legal protection to plaintiffs. My analysis will be based on Polish law, with some comparative remarks. As the problem is complex and varies according to the jurisdiction, this paper provides a general illustration of the issue at hand. Keywords: Tort law; Personality rights; Non-pecuniary damage; Non-pecuniary loss; Compensation

scholarly journals LEGALLY RELEVANT DAMAGE

TEME ◽  
2020 ◽  
pp. 049
Author(s):  
Ivana Simonović
Keyword(s):  
Legal Protection ◽  
Tort Law ◽  
Civil Code ◽  
Study Group ◽  
Personality Rights ◽  
Rights And Interests ◽  
European Civil Code

The author analyzes legally relevant damage - a concept used by the Study Group on European Civil Code in order to define those losses for which a legal redress is given under the tort law. There are eleven particular instances of legally relevant damage caused either to one’s personality, rights or property. What is also important are the infringements of other rights and interests, but they need to satisfy additional criteria in order to be recognized as legally relevant damage. Only such rights that enjoy protection against everyone are protected, therefore, anyone can infringe them. Interests are also protected if they satisfy the requirements to be worthy of legal protection.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals POJĘCIE BAZY DANYCH NA GRUNCIE USTAWY O PRAWIE AUTORSKIM I PRAWACH POKREWNYCH ORAZ USTAWY O OCHRONIE BAZ DANYCH

2017 ◽  
Vol 2 (1) ◽  
pp. 105
Author(s):  
Anna Górecka
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Data Bases ◽  
Subsequent Processing ◽  
Substantial Investment ◽  
The Law ◽  
Information Materials ◽  
Polish Law ◽  
Neighbouring Rights

CONCEPT OF A DATABASE IN BASIS OF COPYRIGHT AND NEIGHBOURING RIGHTS ACT AND DATABASE PROTECTIONSummary Collecting and processing of different kinds of data is commonly practiced nowadays. The novelty under the polish law is an introduction of the legal protection of such data bases. This protection is provided in two particular regulations: the act on copyrights and neighbouring rights of 4th February 1994 and the act on the protection of the database of 27thJuly 2001.The database is defined as any kind of collections, lists of information, materials or any other elements systemized according to specified criterion. Its essence consists in collecting and confronting given data using the settled method but not in the materials collected in such kind of evidence. Any database consists of various information thus it is treated as a collection of materials. That is of no importance if the collected elements are subject to the legal protection therefore it seems that such collection may contain any data not only these protected under the copyrights and it does not matter if they are protected under the law or no or if they are confidential or easy available.Each of the regulations mentioned above provides the different system of protection. The act on copyrights regards the external aspects of a collection (the creativity must consist in a selection, systématisation or confrontation of the information) and protects only the creative elements of the collection. Thus with regard to databases (constituting protected good within the meaning of the copyrights law) it must be noticed that they will be protected only within the scope of their creativity that could be however expressed in many aspects.The other regulation gives the possibility of protecting the contents of the database (the internal aspect of the database). Applicability of one of these regulations excludes applicability of the other as the article 1 of the law on the protection of the database states that the object of the legal protection under this law is a database which does not constitute protected good within the meaning of the law on copyrights. However such database has to comply with the requirement of a substantial investment. Such substantial investment has to be undertaken in order to prepare, verify or present the contents and it may consist in the quality as well as the quantity of the investment while the method of the collection of the data is unrestricted. Thus there is no possibility of the cumulative protection of the database. However it was constituted the new and genuine right allowing collection of the data and its subsequent processing as a whole or in part, according to both the quality as well as the quantity. Such right is of the exclusive and transferable nature.

scholarly journals “Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law

2020 ◽  
pp. 151-176
Author(s):  
Alicja Jagielska-Burduk ◽  
Andrzej Jakubowski
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Second World War ◽  
Moral Rights ◽  
Legal Questions ◽  
Cultural Experiences ◽  
Museum Exhibitions ◽  
Polish Law ◽  
Second World

Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.

scholarly journals Odpowiedzialność prawna i kanoniczna katechety: dobra osobiste

2019 ◽  
Vol 16 (2) ◽  
pp. 131-150
Author(s):  
Piotr Kroczek
Keyword(s):  
Public Schools ◽  
Canon Law ◽  
Religious Instruction ◽  
Complicated Problem ◽  
Professional Duty ◽  
Polish Law ◽  
Personal Interests

Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.

scholarly journals A Moment in Human Development: Legal Protection, Ethical Standards and Social Policy on the Selective Non-Treatment of Handicapped Neonates

1985 ◽  
Vol 11 (1) ◽  
pp. 31-78
Author(s):  
Larry Gostin
Keyword(s):  
Legal Protection ◽  
Treatment Decision ◽  
Treatment Decisions ◽  
Critical Examination ◽  
Ethical Standards ◽  
Federal Law ◽  
Severely Handicapped ◽  
Legislative Initiative ◽  
Constitutional Right ◽  
Personal Interests

AbstractSelective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this Article, the Author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II of this Article the Author discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this Article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to handicapped infants. The Author suggests that the ethical standards and treatment criteria proposed in this Article may prove useful to courts seeking to balance the handicapped neonate's constitutional right to privacy with the requirements of the new federal law.

scholarly journals Protection of Animals and Protection from Animals as Seen by Polish Law

2021 ◽  
Vol 30 (3) ◽  
pp. 161-172
Author(s):  
Bartosz Rakoczy
Keyword(s):  
Environmental Protection ◽  
Legal Protection ◽  
Animal Protection ◽  
Polish Law ◽  
The Right

The system of Polish law regulates both the protection of animals and the protection of humans from animals. Insofar as the first direction of regulations is strongly developed, popular, and fashionable and reflects the present-day trends in environmental protection law, the latter is not as popular. Both directions of the regulations show signs of axiological conflict. In the case of protection of animals, they are treated as a protected good, referring to their suffering, ability to feel, having emotions, etc. These circumstances do not only opt for covering animals by legal protection. Some people are even tempted to postulate the need for recognizing animals as subjects. However, the same animal that can suffer and feel and has emotions can pose a hazard to man – in certain extreme cases even a fatal one. Thus, animals are protected from humans, which is the right solution, but at the same time humans should be protected from animals. When exploring the issues of animal protection, it is worth remembering that such a second dimension exists.

scholarly journals Concepts and types of administrative and legal means of ensuring economic security by the National Police of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 46-55
Author(s):  
V. V. Tolochko
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Protection ◽  
Economic Security ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Definition Of ◽  
National Police ◽  
Personal Interests ◽  
Positive Results

The author of the article has analyzed the existing doctrinal provisions concerning the definition of the terms “a method”, “a measure”, “a way” and “a mean” and the categories of “legal means”, “administrative and legal means”. It has been emphasized that administrative and legal means in the complex are one of the effective structural elements of the protective activity of state authorities aimed at the formation and development of social relations in various fields (including in the field of economics). The author has revealed the significance of administrative and legal means for ensuring the implementation of the security function of the state in the whole and administrative and legal protection, in particular, which became the basis for outlining the forms of administrative and legal protection in the context of its implementation through the realization of administrative and legal means. As a result, the author has offered own approach to the definition of the concept of administrative and legal means of ensuring economic security by the National Police of Ukraine. The analysis of the current administrative law and the practice of its application and, respectively, the powers of the main units of the National Police, which are entrusted with the task to ensure economic security, provided the opportunity to refer the following types of administrative and legal means of ensuring economic security by the National Police of Ukraine: 1) means of persuasion, positive incentives or incentives that contribute to raising the creative activity of legal relations participants, based on their quest for positive results of their work, to the realization of social and personal interests; 2) measures of administrative coercion, which are used for the purpose of prevention, termination of offenses, ensuring proceedings in cases on administrative offenses and bringing offenders to administrative liability. The application of administrative coercion is one of the important factors in strengthening the rule of law, discipline and organization in the field of economics, protection of the management order established in this area. The conducted research should become the basis for studying the problems of certain administrative and legal means of ensuring economic security by the National Police of Ukraine, which is a perspective direction for further scientific research.

scholarly journals Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część druga

2021 ◽  
Vol 30 (4) ◽  
pp. 573
Author(s):  
Tomasz Woś
Keyword(s):  
Legal Protection ◽  
The State ◽  
Wide Range ◽  
Close Relationship ◽  
Professional Self ◽  
Legal Position ◽  
The Law ◽  
Special Rules ◽  
Polish Law ◽  
Dualistic Approach

<p>The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.</p>

Legalność religijnego uboju zwierząt w polskim porządku prawnym na tle norm prawa unijnego

2019 ◽  
Vol 1 ◽  
pp. 117-131
Author(s):  
Karolina Piech
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Conscience ◽  
Legal Norms ◽  
The Republic ◽  
Polish Law ◽  
The Eu

The article raises the issue of the constitutionality of the ritual slaughter in the Polish legal system. The author compared together the issue of freedom of religion and the legal protection of animals in the Republic of Poland. The first of the issues is the rule of freedom of conscience and religion in national law and EU law. Next, the author presented some of the regulations introduced by the act on protection of animals of 1997 and the position of the Polish Constitutional Court, and compares them with the legal norms of the European Union. An article was ended by remarks called as de lege ferenda; the author pays attention on the problems of commercial ritual slaughter and inconsistency of Polish law with the EU law.

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