Forum Prawnicze

Rebuttal of the Presumption that the Assets of a Third Party Constituting the Benefit Derived from a Crime Belong to the Perpetrator of the Crime

2025-04-28T13:44:05+02:00

The analysis focuses on the institution of rebuttal of the presumption according to which the assets which constitute the benefit derived from committing a crime, transferred to a third party, in fact or under any legal title, belongs to the perpetrator of the crime. The above presumption is rebutted if it is proven that, considering the circumstances in which the property or rights were acquired, it could not be presumed that the assets even indirectly, were derived from a criminal act. The author of the article argues that the presumption may be rebutted both in a criminal trial and a civil trial brought pursuant to Article 293(7) of the Code of Criminal Procedure. In the first case, the forfeiture of assets in the possession of a third party will not be ordered. However, the effects of upholding a civil action depend on the moment when the final judgment is issued. If the civil court's judgment precedes the criminal court's one, a forfeiture order is excluded. In other cases, a civil court judgment will prevent the enforcement of a forfeiture order.

The Temporary Nature of Reinstating of an Employee to Work - Transformations

2025-04-28T13:51:37+02:00

The temporary reinstatement of an employee has multiple functions, including, above all the protection of the permanence of the employment relationship, the protection of the employee, who is considered to be the weaker party to a contract. The issues of the optional or obligatory character of the jurisdiction of the labour court are also covered by the conducted analyses. The numerous amendments to legal provisions in this area in a short period of time warrant a question about the direction of evaluation of law in this area or the rationality of the enacted laws.

Legal Status of a Person Performing Invisible Work

2025-04-28T14:09:35+02:00

The term invisible work is a symbolic one as it describes work that does not generate income (unpaid work) and remains strongly related to the life situation of a given person, but at the same time the effects of this work remain as visible as possible. This concept is sociologically defined but has no legal definition. Invisible work is a social phenomenon, and since it is not an individual phenomenon, but one that concerns the whole (collective), the State should be obliged to act. Meanwhile, this work is not included in GDP calculations, despite generating three times more profit for the global economy than the technology industry. The state and legal systems do not recognize this type of work, as it is considered a voluntary part of consumption and thus falls completely outside legal structures. It is assumed that household chores are a woman's natural responsibilities, and while they remain extremely valuable, women tend to be encouraged to do unpaid work. Therefore, we should first try to legally define this phenomenon and then answer the question why such work is not adequately protected under the law. Can a person who performs invisible work therefore be called an employee, even though the person performs unpaid work and lacks the characteristic of subordination? And if the person performs caregiving duties maybe they should at least have insured status?

Law and Benevolence. Can Character Be Mandated?

2025-04-28T14:35:47+02:00

Benevolence is considered a moral virtue, with its meaning rooted in the desire for the well-being of others. While benevolence may seem disconnected from the realm of law at first glance, it is nonetheless regarded as a noble ideal. It would be a misconception to perceive the law as devoid of virtues, although there is a notable distinction between concepts such as justice and benevolence. The article demonstrates that legal systems incorporate benevolence either directly or indirectly. This is evidenced by the Polish provisions concerning the professional duties of officials, as well as codes of ethical practice governing the activities of physicians and nurses. The central question posed in the article is whether the character of a person can be mandated by legal provisions. Implicit in this question is the assumption that benevolence is a character trait.

Between Judicial Proceedings and Dialogue - Alternative Approaches to Resolving Administrative Disputes under Council of Europe Standards

2025-04-28T14:43:32+02:00

The article discusses alternative methods of resolving administrative disputes in the context of Recommendation No. R (2001)9 of the Committee of Ministers of the Council of Europe. It explores various approaches such as mediation, conciliation, arbitration, negotiated settlements, and internal review of administrative acts, emphasizing their role in preventing and resolving conflicts between public administration and private entities. The article outlines potential benefits, such as reducing the burden on courts, enhancing public participation, and increasing administrative efficiency. Using Poland as a case study, the author examines the implementation of ADR methods in light of existing legal regulations, such as the Administrative Procedure Code. The article highlights the limited use of administrative mediation and the need to promote it.

Legal Basis of Banks' Investment Activity

2025-04-28T14:51:47+02:00

In addition to conducting their activity in the traditional deposit and credit markets, banks play a significant role in the capital market. Investment banking, in its broadest sense, boils down to banks performing functions that are critical to the infrastructure of trading in financial instruments; from providing new products to the market, through advising and brokering the placement of securities, to safekeeping financial instruments. The most basic investment activity, however, is the allocation activity, which consists in allocating financial surpluses into assets, or in other words, executing transactions. Banks generally performs such activities in four models: (i) for their own account, (ii) in limited form through their treasury departments (iii) in full form through brokerage branch, and (iv) through subsidiaries. The article analyzes what extent of regulation characterizes each of the models presented, and the relationship between the legal basis for performing these activities and the catalogue of banking activities. For this reason, the article interprets the provisions of the Banking Law and the Act on Trading in Financial Instruments, as well as other related regulations, with a particular focus on the changes introduced by the Act on Ensuring the Development of the Financial Market.

Pasquale Stanislao Mancini: Legal and Political Views in the Context of Late 19th Century Events

2025-04-28T14:58:11+02:00

Pasquale Stanislao Mancini, an esteemed Italian jurist, significantly impacted both the legal and political landscapes of the 19th century. The article examines Mancini's life, highlighting his early interest in law and democracy, fueled by his formative years coinciding with a tumultuous period of Italian history. It follows his journey as he navigates political upheaval in Naples, ultimately leading to his exile in Turin, where he becomes a prominent legal scholar. The paper further explores Mancini's key role in shaping international law, particularly his concept of nationality. Furthermore, the article sheds light on Mancini's later political career, including his time as Minister of Foreign Affairs and his controversial stance on colonial policy, which, despite criticism, he believed that it could be implemented responsibly and ethically. Finally, the text emphasizes the enduring legacy of Mancini's contributions to legal thought and practice, exemplified by his role in founding the Institut de Droit International, an
organization later awarded the Nobel Peace Prize.

Professor Fryderyk Zoll Senior (1824-1917)

2025-04-28T15:49:26+02:00

Teaching Roman law in the first half of the 19th century was fraught with numerous difficulties: the lecturers lacked sufficient preparation, there were frequent changes in the academic staff, and the university was undergoing Germanization. In these conditions, Professor Fryderyk Zoll senior took over the leadership of the Chair of Roman Law, a position he held for the next 44 years. During this period of teaching, publishing, and involvement in matters concerning the Jagiellonian University, he restored the high academic standard of the Roman law lectures. In his scholarly work, he specialized in Roman private law, particularly in the areas of property law, inheritance law, and the law of obligations. He also conducted source-based research. His textbook Pandekta continues to be a source of inspiration today.