bluuebunny/crossref_metadata_2025 huggingface dataset:
WOLNOŚĆ KOALICJI ZWIĄZKOWEJ PRACOWNIKÓW NIETYPOWYCH, OSóB ZATRUDNIONYCH NA PODSTAWIE UMÓW CYWILNOPRAWNYCH I SAMOZATRUDNIONYCH
Authors: Reda-Ciszewska Anna
Published: December 2016

FREEDOM OF ASSOCIATION OF ATYPICAL EMPLOYEES, PERSONS EMPLOYED ON THE GROUNDS OF CIVIL CONTRACTS, AND THE SELF-EMPLOYED Summary This article discusses the freedom of association of atypical employees, persons employed on the grounds of civil law contracts, and the selfemployed. Polish law guarantees the right of association to employees on the grounds of its labour law (kodeks pracy). However, the International Labour Organisation Convention denies the right of association to members of the armed forces, police, and public administration. In 2011 a complaint was submitted to the Committee on Freedom of Association, which has drawn up recommendations for Polish law. The author analyses the solutions of Polish law in the context of the Committee’s recommendations on freedom of association for atypical employees, persons employed on a civil law contract, and the self-employed.
ZAKAZ ‘REFORMATIONIS IN PEIUS’ W POLSKIEJ PROCEDURZE CYWILNEJ WOBEC TRADYCJI PRAWA RZYMSKIEGO
Authors: Misztal-Konecka Joanna
Published: December 2016

PROHIBITION OF ‘REFORMATIO IN PEIUS’ IN POLISH CIVIL PROCEDURE IN THE LIGHT OF THE TRADITION OF ROMAN LAWSummaryThe subject of this paper is an assessment of the influence of Roman law on the contemporary regulations for appeal in Polish civil procedurę as regards the prohibition of reformatio in peius. The author’s analysis shows that despite the general belief that the ban on the worsening of the appellant’s situation in the event of the opposite party failing to lodge an appeal derives from Roman roots, in fact when used in the context of the way in which Polish appeal courts deliver a verdict, the expression reformatio in peius is nothing more than an artificial legal concept derived from Latin.
SWOBODA KORZYSTANIA Z MIEJSC PUBLICZNYCH NA PRZYKŁADZIE MORZA I WYBRZEŻA MORSKIEGO
Authors: Kamińska Renata
Published: December 2016

FREEDOM TO USE PUBLIC PLACES AS EXEMPLIFIED BY THE USE OF THE SEA AND SEASHORESummaryIn Roman law the sea and its shore were considered res communes omnium, common property. This classification gave rise to two important consequences. Firstly, everyone was granted the right to their free access and use, viz. fishing, hauling fishing nets in, mooring boats were all permitted in such places. Furthermore, it was also admissible to build a cottage or an adobe on the coast, and to acquire property rights to it. The second consequence of the recognition of the sea and shore as res communes omnium was that any interested party could be granted legal protection if his entitlements within this scope were violated. One of the legal measures available was actio iniuriarum, alongside injunctions. Protection by injunction was also provided forthe sea itself and the shore as such.
KATEGORIE „AUTORSTWA” I „UTWORU” W PROJEKCIE EUROPEJSKIEGO KODEKSU PRAWA AUTORSKIEGO
Authors: Konach Teodora
Published: December 2016

THE CATEGORIES OF “AUTHORSHIP” AND “THE WORK” IN THE DRAFT FOR THE EUROPEAN COPYRIGHT CODESummaryEconomic and technological factors have brought radical changes to the legal framework of authors’ copyright protection on both the national and international levels. Despite twenty years of directives and ECJ case law, the copyright system in the European Union is still fragmented and ill-adapted. This paper provides an insight into the Wittem Group’s European Copyright Code, established in 2002, the first draft European copyright codification. The aim of the Wittem Copyright Code is to increase the overall protection of authors and to provide a new, holistic approach to copyright. The paper presents useful clarification of the meaning of specific provisions in the European Copyright Code, and particularly of the concepts of “The Work” and “Authorship”.
DORĘCZENIA PISM PROCESOWYCH (UWAGI NA MARGINESIE CTH. 2,4,1 [A. 318/319] = C. 5,4,20)
Authors: Wiewiorowski Jacek
Published: December 2016

THE NATURAL SCIENCES IN THE SERVICE OF PLEADINGS IN CASES INVOLVING MINORS: REMARKS ON CTH 2.4.1 [A. 318/319] = C. 5.4.20)SummaryThe subject of this article is the status of juvenile persons in Roman law, as exemplified by one of the constitutions of Constantine the Great, CTh 2.4.1 [a. 318/319] = C. 5.40.2, fragments of which are preserved in Theodosius’ Code of 438, and in an abridged version in Justinian’s Code of 534. In the first part of the article the author analyses the extremely controversial issue of the identity of the constitution’s addressee. In the second part he discusses the content of this constitution and the premises for its issue in the light of the Constantinian legislation on family matters and the way it was later interpreted. The article’s third part is an attempt to apply the natural and social sciences to the question of minors and their personality, and the examination of this issue as regards CTh 2.4.1 [a. 318/319] = C. 5.40.2. The author takes into consideration the basic data on the status of minors in Roman law, in the subsequent history of European law, and in non-European cultures. He concludes by making a series of observations on the potential for the application of the natural sciences in the study of Roman law, which could serve to confirm the timeless and universal nature of some of the solutions it prescribed.
UWAGI NA TEMAT ODPOWIEDZIALNOŚCI ‘MAGISTRATUS POPULI ROMANI’ W ŚWIETLE PRAWA PRYWATNEGO ORAZ PRAWA PUBLICZNEGO
Authors: Kołodko Piotr
Published: December 2016

SOME REMARKS ON THE RESPONSIBILITY OF THE MAGISTRATUS POPULI ROMANI IN THE LIGHT OF PRIVATE AND PUBLIC LAWSummaryThe article presents the immunity process for the magistratus populi Romani on the grounds of ius privatum and ius publicum. In view of the source material which has been preserved this subject is generally discussed in terms of the magistratus maiores and magistratus minores (senior and junior magistrates). I show that under private law senior magistrates, who were vested with imperium, were protected against in ius vocatio summons during their term in office. On the other hand, their junior colleagues, the magistratus minores, who were equipped only with potestas, could be sued in the course of their term. Hence, they did not enjoy the warranty process which served the exclusive benefit of the senior magistrates of Republican Rome. Due to the profound evolution that Roman criminal proceedings underwent, a uniform approach to the issue of immunity against prosecution was never developed. The first successful attempt to introduce magistrates’ immunity has to be associated with the lex Acilia repetundarum, which had a limited scope: only senior magistrates and those junior magistrates who exercised the powers of imperium were its beneficiaries; also it only applied to the crimen repetundarum. The lex Memmia de absentibus, which was adopted in 113 BC, was not much more than a half-measure, but it definitely broadened the group of protected magistrates. It is difficult to determine whether it was treated as a general lex, applicable not only to the standing courts (quaestiones perpetuae) and to the extraordinary court (quaestiones extraordinariae), but also to the iudicia populi (the “people’s courts” or centuriate assemblies). However, it is most likely that the provisions of this lex applied to the extraordinary criminal courts, since the quaestiones perpetuae did not start operations until the late second century BC.
FAŁSZOWANIE OZNACZEŃ AUTORSTWA W STAROŻYTNYM RZYMIE A USTAWA ‘LEX CORNELIADE FALSIS’
Authors: Kręźlewicz Katarzyna
Published: December 2016

FALSE DESIGNATION OF AUTHORSHIP IN ANCIENT ROME AND THE LEX CORNELIA DE FALSIsSummaryThe lex Cornelia testamentaria nummaria, later known as the lex Cornelia de falsis, was the first Roman comprehensive anti-fraud law. Initially its scope only covered forged wills and counterfeit coinage. In the early first century AD other documents were given legal protection under criminal law against forgery. Later Roman anti-fraud laws were expanded to cover cases of falsifying documents, making false statements, corrupting judges, and adulterating and using adulterated weights and measures. There was no legal definition in ancient Rome of the trademark in the modern sense, but craftsmen’s stamps and workshop marks, which had been in use since time immemorial and were an indispensable appurtenance associated with the expansion of the Roman Empire and the growth of its trade, played a similar role. The use of false or forged designations could presumably be treated as analogous to the use of a false identity, which was punishable by the poena legis Corneliae. However, there are no Roman law sources showing evidence of protection for this kind of designation. Presumably there was a need for craftsmen’s marks to inform buyers about a product’s origin and features. Yet the real purpose of those descriptions was to protect the interests of the craftsman or producer, while the protection of his customers was more of an indirect effect. There are no sources to unequivocally confirm the punishability of counterfeiting craftsmen’s marks and the treatment of the phenomenon as fraud. The Roman legislator did not perceive the use of forged designations as a violation of the public good, but rather only as a risk which individual craftsmen or producers had to reckon with. The lex Cornelia penalised conduct that could affect the interest of the public and state. In the opinion of the Roman legislator false authorship only violated the interest of the producer concerned.
ZAWARCIE MAŁŻEŃSTWA ‘LIBERORUM PROCREANDORUM CAUSA’ W PRAWIE RZYMSKIM
Authors: Niczyporuk Piotr
Published: December 2016

MARRIAGE LIBERORUM PROCREANDORUM CAUSA IN ROMAN LAWSummaryOne of the chief purposes of the Roman institution of matrimony was procreation (liberorum procreandorum causa). There are numerous references in the sources to the institution of matrimony commending those citizens who marry in order to beget children. They are said to be living as Nature intended, since procreation secures the continuance of the family and tribe, especially as regards the passing down of the family name and estate to its heirs, and the guarantee that the religious rites (sacra familiaria and sacra gentilicia) will continue to be performed. Such observations were an expression of concern for the future of the Roman family. Marriage for the purpose of begetting progeny was regarded as sacrosanct, a religious duty: uxorem liberorum quaerundum causa ducere religiosum est. However, this applied only to children born of a iustum matrimonium – born in lawful wedlock to a couple who had entered an “approved marriage.” Roman citizens were encouraged and urged by the kings under the Monarchy, and even compelled by the censors, to marry and procreate. Augustus introduced legislation granting privileges to citizens who married, and special rights to families with a large number of children.
URZĄD CENZORA W ŚWIETLE ‘NOCY ATTYCKICH’ AULUSA GELLIUSA
Authors: Tarwacka Anna
Published: December 2016

THE OFFICE OF CENSOR IN THE LIGHT OF THE NOCTES ATTICAE BY AULUS GELLIUSSummaryThe aim of the article is to analyse the passages in Aulus Gellius’ Noctes Atticae on the office of censor. This magistracy seems to have interested Gellius for various reasons: linguistic matters concerning the meaning of archaic words, but also things inspired by the books Gellius had read and where he found some amusing anecdotes which he decided to record. He treated the censors’ office as one of the most important Roman magistracies, and described the censors’ power to conduct auspices, issue edicts, deliver speeches, control morals, conduct the census, make the list of senators and equites, and mete out punishment with the issue of the censorial note. However, he never mentioned the censors’ administrative powers such as the conclusion of public contracts and the supervision of public places. The Attic Nights are not arranged in a systematic order, but they are a priceless source of information on legal institutions such as the office of censor; Gellius has saved for us some direct quotations from otherwise lost works by Roman orators and jurists.
‘EDICTUM DOMITIANI DE PRIVILEGIIS VETERANORUM’. EDYKT CESARZA DOMICJANA O PRZYWILEJACH WETERANÓW
Authors: Świętoń Adam , Tadajczyk Konrad
Published: December 2016

‘Edictum Domitiani de Privilegiis Veteranorum’: The Emperor Domitian’s Edict on Veterans’ PrivilegesSummaryThis article contains the text and translation of the Edictum Domitiani on veterans’ privileges with a commentary. This edict is an interesting illustration of imperial military and social policy on the privileges of veterans and their families. Its text survives thanks to a private copy made by Marcus Valerius Quadratus, a discharged soldier of the legio X Fretensis. The privileges granted by the Emperor Domitian guaranteed benefits also found in other veterans’ concessions (as the diplomata militaria shows) – citizenship, tax exemption, conubium with a peregrine woman. But the personal scope of Domitian’s privileges is unusual – its beneficiaries were not only veterans and their children, but also their wives and parents (if they lived with the soldier after his discharge). The full range of privileges is unknown; unfortunately Valerius’ copy is partly damaged. The authors also discuss some of the doubts concerning the edict’s addressees and types of privileges granted under this edict.
WSPÓŁCZESNE TENDENCJE W ZAKRESIE METOD WYZNACZANIA PRAWA WŁAŚCIWEGO DLA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH
Authors: Żarnowiec Łukasz
Published: December 2016

Current Trends in the Conflict of Legal Methods in Matrimonial Property RegimesSummaryThe difficulties relating to the determination of the law applicable to personal and property relations between spouses are one of the most significant barriers to the free movement of individuals between different countries. Due to the importance of matrimonial property regimes for the situation of third parties entering into legal relations with married persons, matrimonial property regimes also have a seminal impact on the security of free movement and exchange. This article presents an analysis of conflict-of-law methods used to determine the law applicable to matrimonial property relations under selected conflict-of-law regulations adopted in different countries, the proposed uniform European regulation, and the former Polish International Private Law Act (Ustawa o prawie prywatnym międzynarodowym) of 1965. It also contains an assessment of the relevance of new conflict-of-law rules that have been introduced at the national level. The article may be regarded as a background for the analysis of the arrangements presented in the new Polish International Private Law Act of 2011, which will be presented in a separate issue of this journal.
HIPOTEKA PRZYMUSOWA JAKO FORMA ZABEZPIECZENIA WYKONANIA ZOBOWIĄZAŃ PODATKOWYCH
Authors: Makowiec Aneta
Published: December 2016

The Judicial Mortgage: A Form of Securing Tax LiabilitySummaryThis paper incorporates a characterisation and a thorough dogmatic analysis of the judicial mortgage as a form of securing the satisfaction of tax liabilities in Polish law. The significance of this issue warrants a discussion of the research both on its practical and theoretical aspects. In addition there has not been much interest in this subject in the Polish tax and legal literature. Undoubtedly, the amendments introduced during the last few years have prompted numerous questions and doubts with regard to these issues, which justifies the need for such research all the more. The fact that securing the satisfaction of tax liabilities is performed by employing methods well-known in civil law connected with liability involving rights in rem such as the mortgage, and the insufficient regulations regarding the judicial mortgage in tax law have made it necessary to analyse the legislation on private law as well as the doctrines and case-law connected with it.
‘SUPERFICIES’ – RZYMSKIE KORZENIE PRAWA ZABUDOWY
Authors: Dyjakowska Marzena
Published: December 2016

‘Superficies’: The Roman Origins Of The Right To Build Upon A Plot Of LandSummaryThe aim of this paper is to present the Roman origin of the right of superficies (the right to erect a building on a plot of land), which is thesubject of a bill drafted by the Polish Civil Law Codification Committee. This right is to replace the institution of perpetual usufruct, which has been extant in Polish civil law since the 1960s. Superficies has been present in many European systems of law (for example in the Bürgerliches Gesetzbuch German Civil Code of 1896, and the Austrian law of 1919). The author compares the subject and object of the right in question, the legal situation of the superficiarius and the rights of the owner of the land in Roman law and in the Polish draft bill. The main difference between the Roman superficies and the right proposed in the draft bill is the deviation from the principle of accession (superficies solo cedit): under the Polish draft bill the superficiarius will become the owner of the building. Furthermore, the Roman superficies was perpetual; in Poland it will be constructed as temporary (30-100 years). Both rights (in Roman and Polish law) share many other similarities: they are hereditary, and the superficiarius is to pay the owner of the land. The conclusion which may be drawn is that Roman institutions can still inspire the contemporary legislator.
WPŁYW MEDIACJI NA EFEKTYWNOŚĆ INSTYTUCJI WARUNKOWEGO UMORZENIA POSTĘPOWANIA KARNEGO
Authors: Juszka Karol
Published: December 2016

The Influence of Mediation Proceedings on The Effectiveness of the Institution of Conditional Discontinuation of Criminal ProceedingsSummaryThe aim of this article is to present the theoretical and practicalaspects of the specifics of mediation proceedings. I present my ownresearch results, consisting of an analysis of the court records for 405cases on the effectiveness of conditional discontinuance of criminalproceedings within the areas of jurisdiction of the Appellate Court inKraków in 2003-2009. I will continue the analysis for the successivestages of criminal proceedings.
DORĘCZENIE PISMA DOROSŁEMU DOMOWNIKOWI W POSTĘPOWANIACH SĄDOWYCH I ADMINISTRACYJNYCH
Authors: Gapska Edyta , Gapski Maciej P.
Published: December 2016

Service of Documents on an Adult Household Member in Judicial and Administrative ProceedingsAll proceedings contain a set of rules regarding the service of process. This general procedural institution varies from one case to another, although the aim and function is always the same. One of the differences involves substituted service of documents when the party to be served is unavailable for personal service. In such a situation substituted service allows the server to deliver documents to the address of the person to be served to an adult household member. Each jurisdiction requires that it should be a responsible individual of a suitable age and discretion who guarantees that the addressee will receive the documents served. The paper shows differences in interpretation and application of the substitute service of documents in civil, criminal, administrative and tax proceedings, despite their functional and terminological similarity. In particular divergences concern the meaning of the term “adult,” which is not synonymous with the juridical term “major”. Neither is there a uniform definition of what is meant by the addressee being “unavailable” for personal service or how his substitute should confirm that he has accepted the duty of bringing the documents to the addressee’s notice. The conclusion indicates the need for clarification and unification of the regulations analysed in the article.
ALEXANDRE JANNÉE ET LES PHARISIENS
Authors: Mélèze Modrzejewski Joseph
Published: December 2016

Aleksander Janneusz i faryzeuszeStreszczenieAleksander Janneusz (Jannaj), trzeci hasmonejski władca Judeii arcykapłan Jerozolimy na przełomie II i I wieku przed n.e. (103-76),uchodzi za tyrana. W Talmudzie, u Józefa Flawiusza i w kilku qumrańskich dokumentach zachowały się echa ostrego konfliktu, jaki goporóżnił z faryzeuszami i doprowadził do ich masowej zagłady. Większość komentatorów współczesnych notuje, że Janneusz faryzeuszy„ukrzyżował”. Na tym tle, pojawił się w qumranologii pod koniecdwudziestego wieku pogląd, zgodnie z którym mielibyśmy tu przykład zastosowania prawa żydowskiego, jakie ponoć było w mocy zaczasów Hasmoneuszy. Uważna analiza danych źródłowych prowadzijednak do odrzucenia takiej interpretacji, która, kojarząc śmierć Jezusaz Nazaretu z masakrą faryzeuszy za panowania Janneusza, odbiegaod postanowień II Soboru watykańskiego. Bardziej uzasadniona jestinterpretacja egzekucji faryzeuszy w świetle karnoprawnej praktykimonarchii hellenistycznej.
O ROLI PRAWA RZYMSKIEGO W DAWNEJ RZECZYPOSPOLITEJ W ŚWIETLE „KURSU PRAWA CYWILNEGO POLSKIEGO” ALEKSANDRA MICKIEWICZA Z 1829 ROKU
Authors: Godek Sławomir
Published: December 2016

Roman Law in Poland-Lithuania in the Light of Aleksander Mickiewicz’s 1829 Lecture on Polish Civil LawSummary The Polish Academy of Sciences library collection at Kórnik holds a manuscript with a lecture on Polish civil law and its history delivered by Aleksander Mickiewicz in 1829 at Krzemieniec School. This lecture provides us with a general idea of Mickiewicz’s views on the impact of Roman law on the development of Polish legal culture. Mickiewicz was rather critical of the views of Tadeusz Czacki, who had argued that Polish law was derived from Scandinavian law. Mickiewicz believed that Polish law under the early kings and princes of the Piast dynasty was a native creation, though subject to limited influence from Roman and German law. He held that Roman law originally came to Poland through canon law, but its influence was superficial. It was manifest in proceedings in the royal courts and in the borrowing of certain terms, which were sometimes used to designate purely indigenous legal institutions. This was also true of the usage of Roman terminology in Polish medieval chronicles. Mickiewicz saw the Roman elements in the 14th-century Statutes of Casimir the Great as an erudite display by their authors or as later additions to the original collection. Mickiewicz also devoted much attention to Lithuanian law. In particular, he showed that the Lithuanian Statutes were subject to the influence of many foreign systems of law including a number of elements borrowed from Roman law (wills, disinheritance, the penalty for parricide). Mickiewicz was convinced that Roman law appeared in the Grand Duchy at the same time as German law, and in connection with Lithuanian peregrinations for study abroad.
NOWY KURS PREZYDENTA UKRAINY
Authors: Ilnicki Marek
Published: December 2016

The New Policy Adopted by Ukraine’s PresidentSummaryThis article discusses the changes in Ukrainian policy since the beginning of Petro Poroshenko’s presidency. Poroshenko, the winner ofUkraine’s presidential election of 25th May 2014, launched his campaign with the slogan “A New Lifestyle” – patently inspired by FranklinD. Roosevelt’s New Deal. The way the new President and government ofUkraine have been exercising power shows that they intend to pursuea long-term policy for the enhancement of the Ukrainian economy bymeans of neoliberal instruments, such as, for example, the privatisation of inefficiently managed state entities, the liberalisation of pricesand tariffs, a war on corruption, the implementation of decentralisingmeasures, the removal of administrative barriers, and support for medium and small businesses. The author observes a similarity betweenRoosevelt’s New Deal and Poroshenko’s New Lifestyle, particularly inthe latter’s endeavour to cope with a deep political and economic crisis.His efforts are being backed by the nation’s support, despite the inauspicious conditions. The author also notes that the armed conflict inEastern Ukraine is an additional factor aggravating efficient governmentand the implementation of reforms. There is a potential for a change inthe traditional rationale splitting Ukraine along an east—west divide,due to the fact that Poroshenko, who has the reputation of a moderate,won more votes in the traditionally nationalist Western Ukraine, thanin Eastern Ukraine, where his lead in the election over radical andnationalist candidates was substantially narrower. The author is of theopinion that this development offers a prospect for a reorientation inthe hitherto bipolar division in Ukrainian society. The biggest challenge facing Ukraine’s new President and government is political andfinancial decentralisation. The author draws a comparison betweenUkraine’s current situation and the French Republic, which is a unitary,centralised, and monocentric state. To stabilise the situation in Ukraine, Poroshenko will need to normalise the country’s relations with theRussian Federation, which in view of Russia’s annexation of Crimea andthe Russian military intervention in Eastern Ukraine, will call for a fargreater effort than what was expected of his predecessors.
DOSTĘP DO BUDYNKU NA PODSTAWIE SB I 6000
Authors: Skalec Aneta
Published: December 2016

Access to a Building on the Grounds of SB I 6000SummaryIn densely built-up urban areas access to a property may be a problem,especially if the property is not connected directly to a public networkof streets. This was a familiar problem already in ancient times and canbe observed in Demotic and Greek papyri from Ptolemaic and RomanEgypt. Despite an abundance of records attesting to the existence ofaccess to property, there are very few documents giving direct evidencefor the regulation of access, viz. its establishment or right of use. SBI 6000, dated to the 6th century AD, is one of these rare items, the onlyextant papyrus exclusively on access to premises. It contains a series ofagreements relating to this problem, some on the division of an inheritedestate between the members of a family, and others only on access tothe property. This document sheds light on an important, but relativelylittle known legal issue: access to property in non-Roman legal systems.
SYTUACJA OFIAR PRZESTĘPSTWA ZGWAŁCENIA PO NOWELIZACJI KODEKSU KARNEGO Z DNIA 13 CZERWCA 2013 R.
Authors: Ferenz Jerzy M.
Published: December 2016

The Situation of Rape Victims after the Amendment of 13June 2013to the Polish Penal CodeSummaryThe paper describes the situation of rape victims in Poland followingthe amendment of 13 June 2013 to the Polish Penal Code. Under thenew provisions rape is an offence prosecutable in proceedings officiallybrought by the public prosecutor. Hitherto rape charges were brought bythe victim or the victim’s legal guardian. This study concerns the issueof the substantive and procedural legal consequences for the victim whodoes not want to testify because of the particular situation in which he/she has found himself, e.g. rape trauma syndrome or dependence onthe offender.
PRAWO DO INFORMACJI PODSTAWOWYM PRAWEM OFIARY PRZESTĘPSTWA
Authors: Mazowiecka Lidia
Published: December 2016

The Victim’s Right to InformationSummaryThe article describes the Polish legal provisions to ensure the victimof a crime of the proper conditions to exercise his right to information.The Polish provisions are examined in the light of the requirements laiddown in Directive 2012/29/UE of the European Parliament and of theCouncil of 25 October 2012, which establishes minimum standards onthe rights, support and protection of victims of crime. In her conclusion the author observes that Polish law is becoming more and morecompatible with EU law, but there are still some issues which requireremodelling. This applies above all to the full accessibility of informationin the sense of clarity and user-friendliness.
KRYMINALIZACJA OBRAZY UCZUĆ RELIGIJNYCH W POLSKIM PRAWIE KARNYM
Authors: Żukowska Małgorzata
Published: December 2016

The Criminalisation of Insult to Religious Feelingsin Polish Criminal LawSummaryThe article discusses the criminalisation of conduct that is offensiveto another person’s religious feelings under the Polish Penal Code. Thefirst part presents arguments against the recognition of such behaviouras an offence. The next part gives arguments showing that it must betreated as an offence. The author discusses offences against freedomof conscience and religion from the perspective of the principle of thesecular state and its neutrality on worldview. The article also refers togrounds for the criminalisation of conduct which is offensive to anotherperson’s religious feelings, the offence defined in Article 196 of the Polish Criminal Code, in the light of freedom of speech. The constructionof Article 196 is analysed from the point of view of comparative lawand compared to other European legal systems.
PRAWA REPRODUKCYJNE I SEKSUALNE W ONZ I ICH DOKTRYNALNE UWARUNKOWANIA
Authors: Dobrowolska Karolina
Published: December 2016

Sexual and Reproductive Health and Rights at the United Nations and Their Doctrinal Background Summary The concept of sexual and reproductive health and rights still remains unclear in the international law regime. Despite the fact that during the United Nations International Conference on Population and Development in Cairo (1994), all UN Member States agreed that the term sexual and reproductive health and rights does not contain the “right to abortion,” one can observe continuous attempts to renegotiate the established consensus. The discussion on SRHR is exerting a great impact on the policy of international organizations and therefore it has a potential to create obligations on their Member States. The aim of this article is to present the history of the concept of “sexual and reproductive health and rights” and to analyze it in two aspects. First, the article elaborates on the doctrinal and ideological connotations of SRHR construction. It shows how the SRHR construction derives from feminist theories that regard the spheres of procreation and sexuality as the main sources of inequality between men and women. Second, the article shows how feminist concepts of human sexuality have influenced and shaped the legal constructions of international treaties under the UN auspices.
ROLA ORZECZNICTWA SĄDU NAJWYŻSZEGO W ZAKRESIE PROBLEMÓW PRAKTYCZNYCH ZWIĄZANYCH Z URLOPEM NA ŻĄDANIE
Authors: Gajda Mateusz
Published: December 2016

The Jurisdiction of the Polish Supreme Court in the Scope of Practical Problems Connected with Leave on RequestSummary The article discusses the role of the jurisdiction of the Polish Supreme Court in the scope of practical problems connected with leave on request. Ever since its introduction in the Polish Labour Code, this institution has been generating misgivings and reservations both as regards the case law and the doctrine. The role of the Supreme Court in connection with this regulation is significant due to the legislator’s lack of precision. Verdicts handed down by the Supreme Court on these issues have in general been changing the legal character of the institution by emphasising the organisational function of labour law. The interpretation of these legal provisions proposed by the Supreme Court has clarified some of the rights and duties of parties in matters connected with leave on request. Despite this, there are still situations where the current wording of the provisions may lead to disputes between employee and employer. Therefore, the current provisions of the Labour Code within this scope require amendment.
Addresing environmental challenges to shale gas and hydraulic fracturing
Authors: Vadillo Fernández Lucas , Rodríguez Gómez Virginia , Fernández Naranjo Francisco Javier
Published: December 2016

This article reviews the main issues of unconventional gas extracted by hydraulic fracturing techniques. Topics such as technology, fracturing stages, flowback characterization and alternatives of disposal and reuse, water consumption, physicochemical features of the geological formations, development of the fractures performed by hydraulic fracturing, well flow decline, land use and occupation and induced seismicity are presented, as well as the scientific debate: the potential steps of methane gas and groundwater contamination.
Evaluation of the potential expansiveness of soils in the Hermanos Cruz neighbourhood, Pinar del Rio, Cuba: a contribution to urban planning
Authors: Chinthaka-Ganepola G.A. , Said Mohammed Abdo , Ordaz Hernández Alexis , Estévez Cruz Elmidio , Hernández Santana José Ramón
Published: December 2016

Expansive soils can be categorized as one of the geohazards observed in the urban environment, representing a silent hazard to buildings and infrastructure. To evaluate this problematic soil it is necessary to know some of its geotechnical properties. Generally, the average values of soil properties are used in the methods which characterize the geological formation and the lithological group, which causes a great degree of uncertainty. To overcome this problem, this study proposes a procedure for estimating and modelling the principle soil properties that have an impact on expansive soils. The selected case study is located in the Hermanos Cruz neighbourhood in the city of Pinar del Rio in Cuba. The investigation was organized into the following stages: primary assessment of the potential expansiveness of the soils, modelling of the soil properties utilizing 3D geostatistical methods and finally the cartographic representation of the potential expansiveness of soils on a Geographic Information System (GIS) platform at different depth zones which are of importance in the construction of shallow foundations of engineering works. The application of this methodology in the Hermanos Cruz neighbourhood revealed that its soils possess a potential expansiveness of low to medium, apart from some isolated zones which show a potential expansiveness of medium to high.
The nevado-filábride complex in the western part of Sierra de los Filabres (Betic Internal Zone), structure and lithologic succession
Authors: Sanz de Galdeano Carlos , López Garrido Ángel Carlos
Published: December 2016

In the western part of Sierra de los Filabres (in the Nevado-Filábride Complex, within the Betic Internal Zone) several tectonic units have been described, in varying numbers depending on the author describing them. However, new cartographical data show that the limits of these units pass through the lithological formations without displacing them. Moreover, the rocks belonging to some units that are supposedly situated in a lower tectonic position really belong to higher formations. From bottom to top, these lithological formations are the following: (1) dark schists and quartzites; (2) quartzites, sandstones, sands, lutites, schists, and mica schists; (3) schists; (4) marbles, schists, and mica schists. High-angle reverse faults are associated with the great E-W anticline of Sierra de los Filabres. The existence of sands and apparent lutites visibly interlayered between rocks, such as schists and mica schists with garnets, poses a metamorphic problem that has not as yet been addressed.
La irrupción de los laicos.
Authors: Hubert Robinet André Marie
Published: December 2016

This article makes a comprehensive review and re?ection from the book “La irrupción de los laicos” (The irruption of the laity). The laymen play an important role in the Church today. The crisis stems from sexual abuse (this is best known), but also born in the misunderstanding between the hierarchy and the laity and the postponement of women. Each author of the book presents his vision of the Church and of the crisis to show his love for the Church and offers help.
DE POLÍTICAS Y SUBJETIVIDADES. NUEVAS ESTRATEGIAS DE INTERVENCIÓN EN DISPOSITIVOS DE INCLUSIÓN SOCIO-EDUCATIVA Y LABORAL PARA JÓVENES EN ARGENTINA (2008-2016)
Authors: Sabrina Ferraris , Eugenia Roberti , Burgos Alejandro , Pozzer José Antonio
Published: December 2016

El trabajo se propone aportar a los estudios que complejizan el análisis de las transiciones entre educación y trabajo. Así, se analizan dispositivos de inclusión socio-educativa y laboral que pretenden intervenir en la subjetividad de las personas que participan de ellos, en pos de mejorar sus oportunidades de inclusión socio-laboral. Se presentan dos casos con particularidades propias: el Programa Jóvenes con Más y Mejor Trabajo y un Centro de Formación Profesional, ambos radicados en dos municipios del conurbano bonaerense de la Argentina. Los casos se abordan desde una doble mirada: la institucional, a través de la normativa que los regula y las voces de sus gestores, y el discurso de los propios sujetos participantes.
Mega-sporting events: The impact on host stock markets and investment prospects
Authors: Mohamed Sameera , Oettlé Tyron , Stewart Sinead
Published: December 2016

The success of mega-sporting events such as the Summer Olympics and the FIFA World Cup brings pride and a focus to their host nations. This paper aims to find the effects of the announcement and the actual event on the host stock market. It then recommends an investment strategy. The paper finds that the announcement of the Olympics and World Cup creates statistically significant abnormal returns and the actual sporting event has little effect on the stock market. By factoring size of the economy, it is found that smaller economies tend to have larger abnormal returns than bigger economies. We then provide recommendation on investment strategies in order to exploit the significant abnormal return on the day of the World Cup announcement
Viability of pro-SME financing schemes: A developing country perspective
Authors: Fanta Ashenafi Beyene
Published: December 2016

To curb SME financing difficulty, various schemes were suggested as alternative financing techniques that include, among others, relationship lending, factoring, credit scoring, leasing, and credit guarantees. This paper aims at examining the viability of each of the schemes by considering the institutional and legal conditions in developing countries. Critical analysis of extant body of literature revealed that not all pro-SME financing schemes are suitable for SMEs in developing countries. This is because they demand development of legal, informational, and financial frameworks that the countries acutely lack at the moment. This, however, does not rule out the utility of schemes such as credit scoring that can be effectively used to ease SME access to finance if well designed credit offices are in place. Similarly, credit guarantee schemes are crucial as an interim solution if they are allowed to run without government subsidy as it aggravates moral hazard
Measurement options for non-controlling interests and their effects on consolidated financial statements consistency. Which should the disclosure be?
Authors: Sotti Francesco , Rinaldi Luigi , Gavana Giovanna
Published: December 2016

This paper aims at emphasizing some drawbacks arising from the alternatives consolidation approaches allowed by the IFRS 3 revised 2008. We develop our analysis working on simulated figures to demonstrate that subsidiaries with similar underlying economics might have a different impact on the calculation of the group equity and income. That is merely due to the accounting treatment chosen by the parent company. This fact does not respect the consistency among values within consolidated financial statements and causes lack of comparability among consolidated financial statements prepared by different reporting entities. Since nowadays there is not any Standard requiring disclosure suitable for the comprehension of this matter, we suggest which relevant disclosure should be provided to better understand the composition of the group results
Exploring the moderating effect of family CEO on the association between family ownership and firm value: An empirical analysis of top Indian family firms
Authors: Kalyanaraman Lakshmi
Published: December 2016

We study 288 family firms included in the NSE CNX 500 index of the National Stock Exchange of India. We find an entrenchment-alignment-entrenchment relationship between family ownership and firm value. We show that family CEO has a negative moderating effect on the relationship between family ownership and firm value. When the interaction effect of Family CEO on family ownership is controlled, only family shareholding in the alignment range is found to be statistically significant. The study shows that family firms with family CEO suffer from a decrease in market valuation. This finding is extremely valuable given the fact that India is dominated by family firms and majority of family firms appoint a family member as CEO
Investigating the impact of carbon tax on socially responsible corporate governance: The case of South African motor vehicle manufacturers
Authors: Pillay Suren , Buys Pieter
Published: December 2016

Socially responsible corporate governance is an essential aspect of the contemporary corporate environment, and then especially in ensuring continuous sustainable development within a South African context. As such, it also encompasses broad environmentally focused aspects. The motor vehicle manufacturing industry in South Africa was among the first to be faced with the implementation of carbon taxes. This paper explores the policy decision to implement the carbon tax within the context of socially responsible governance in the motor vehicle manufacturing industry. The research methodology applied incorporates both review of supporting literature and an exploratory empirical case study. The research suggests that the industry is cognizant of the importance of environmental damage costs and their responsibility therein, while also indicating that corporate social investment in this industry was non-responsive to the implementation to carbon tax. The results also suggest that the current carbon tax rate may be adequately priced and is an effective instrument in lowering greenhouse gas emissions
The South African code of corporate governance. The relationship between compliance and financial performance: Evidence from South African publicly listed firms
Authors: Tshipa Jonty , Mokoaleli-Mokoteli Thabang
Published: December 2016

Using both Return On Assets (ROA) and Tobin’s Q as proxies for performance, the study seeks to explore if better governed firms exhibit greater financial performance than poorly governed firms. The paper employs a panel study methodology for a sample of 137 Johannesburg Stock Exchange (JSE) listed firms between 2002 and 2011. The results show that the compliance levels to corporate governance in South Africa (SA) has been improving since 2002 when King II came into force. However, the compliance level in large firms appears to be higher than in small firms. Further, the findings show that the market value of large firms is higher than that of small firms. These results largely support the notion that better governed firms outperforms poorly governed firms in terms of financial performance. Notably, the empirical results indicate that board size, CEO duality and the presence of independent non-executive directors positively impact the performance of a firm, whereas board gender diversity, director share-ownership and frequency of board meetings have no impact on firm performance. This suggests that greater representation of independent non-executive director, a larger board size and the separation of CEO and Chairman should be encouraged to enhance firm performance. Unexpectedly, the presence of internal key board committees, such as remuneration, audit and nomination, negatively impact firm performance. Similar to UK, South Africa has a flexible approach to corporate governance, in which listed firms are required to apply or explain non-conformance to King recommendations. This study has policy implications as it determines whether the flexible corporate governance approach employed by SA improves corporate governance compliance than the mandatory corporate governance approach as employed by countries such as Sri Lanka and US, and whether compliance translates into firm performance. The significant finding of this study is that compliant firms enjoy a higher firm performance as measured by ROA and Tobin’s Q. This implies that compliance to corporate governance code of practice matters, not just as box ticking exercise but as a real step change in the governance of South African listed firms. This paper fulfils an identified need of how compliance to corporate governance influences firm performance in South Africa. The findings have implications to JSE listing rules, policy, investor confidence and academia.
PERANAN PEKERJA ANAK DI INDUSTRI KECIL SANDAL TERHADAP PENDAPATAN RUMAHTANGGA DAN KESEJAHTERAAN DIRINYA DI DESA PARAKAN, KECAMATAN CIOMAS, KABUPATEN BOGOR, JAWA BARAT
Authors: Avianti Annisa , Sihaloho Martua
Published: December 2016

Pekerja anak merupakan salah satu fenomena sosial yang ada bahkan menjadi kompleks. Pekerja anak
merupakan suatu hal yang tidak dapat dielakkan di negara berkembang termasuk di dalamnya Indonesia. Anak-anak yang bekerja berperan dalam menyumbang pendapatan keluarga, baik secara langsung maupun tidak langsung. Terlibatnya anak-anak dalam dunia kerja juga memiliki dampak terhadap kesejahteraan anak. Permasalahan ini terjadi di Desa Parakan, Kecamatan Ciomas, Kabupaten Bogor, Jawa Barat. Tujuan dari penelitian ini adalah untuk mengetahui faktor-faktor yang mendorong munculnya pekerja anak dan peranan dari anak yang bekerja terhadap pendapatan rumahtangganya serta kesejahteraan anak tersebut.
Kata kunci : kesejahteraan anak, pekerja anak, pendapatan rumahtangga
KONVERSI LAHAN PERTANIAN DAN SIKAP PETANI DI DESA CIHIDEUNG ILIR KABUPATEN BOGOR
Authors: Nurul Hidayati Hilda , A. Kinseng Rilus
Published: December 2016

Penelitian ini menunjukan bahwa pola konversi sebagian besar terjadi secara cepat dengan penggantian
penguasaan lahan ke lain pihak.  Konversi lahan pada umumnya digunakan untuk perumahan. Faktor-faktor yang memengaruhi konversi lahan dapat dikategorikan dalam faktor internal diantaranya kebutuhan ekonomi yang mendesak, dan keinginan untuk merubah nasib, dan faktor eksternal yakni pertumbuhan penduduk, dan kebijakan pemerintah. Dampak dari konversi lahan terhadap kondisi sosial ekonomi petani antara lain, berkurangnya hasil sawah, penurunan pendapatan petani, berkurangnya ketahanan pangan keluarga, berkurangnya peluang kerja dalam pertanian, sulitnya akses petani terhadap lahan, dan lainnya. Akan tetapi terdapat juga dampak positif dari konversi lahan yakni pembangunan perumahan bisa jadi menunjukan perkembangan ekonomi pedesaan. Sikap petani terhadap konversi lahan pertanian tidak memiliki hubungan dengan karakteristik individu, yakni jenis kelamin, usia, tingkat pendidikan, status pekerjaan bertani, jumlah tanggungan dalam keluarga, tingkat pendapatan,  serta luas dan pengusaan lahan.
Kata kunci : faktor-faktor, dampak, pola, sikap petani