Forum Prawnicze

Glosa do wyroku Sądu Apelacyjnego w Szczecinie z dnia 25 maja 2023 r. (sygn. II AKa 6/23)

Anna Golonka — Tue, 05 Aug 2025 00:00:00 +0000

The thesis of the commented judgment of the Court of Appeal in Szczecin of May 25, 2023 (II AKa 6/23) refers to criminal liability for a crime committed by the perpetrator while intoxicated. The gloss comments on the fiction on which the construction provided for in Article 31 § 3 of the Penal Code was based and to which the Court of Appeal in Szczecin refers in the voted judgment. The study expresses approval of the position relating to the general assumptions on which liability for a crime committed in a state of intoxication is based. The key issue was also the awareness of the person getting into a state of intoxication, as well as his or her condition at the time of the act, compared by the Court of Appeal in Szczecin with that of a fully conscious person.

Odpowiedzialność za szkodę wyrządzoną przez pojazdy autonomiczne w świetle zmian prawa UE

Jacek Widło — Tue, 05 Aug 2025 00:00:00 +0000

The article discusses the concept of tort-based liability for an autonomous vehicle using AI. It provides definitions of an autonomous vehicle and AI to conclude that liability for self-driving cars may soon apply to a variety of entities. Producers of autonomous vehicles using AI and their owners should be liable for any damage caused by a faulty effect of an action on their part: be it intentional or not. An additional exonerating circumstance should be the possibility of proving by the autonomous car owner or producer that the operator or driver could have avoided the accident by assuming control over the vehicle. Ordinary non-professional users should be liable for any damage caused by their intentional action.

Fenomen tak zwanych zabójczych przejęć jako wyzwanie prawa konkurencji - w poszukiwaniu istoty zjawiska

Rajmund Molski — Tue, 05 Aug 2025 00:00:00 +0000

The phenomenon of so-called killer acquisitions, as a subject of interest in competition law, is mired in considerable terminological and conceptual confusion. The purpose of this article is to clarify the concept of a killer acquisition, as well as examine to what extent it corresponds to reality. The method is a case study, conceived as a kind of contribution to further research on competition law implications of the phenomenon of killer acquisitions, which are presented in a separate study. As the case of the failed Visa/Plaid acquisition seems to convince, the concept of a killer acquisition is not just an abstract construct belonging to the theory of competition law and economics. As it turns out, it can be - at least in some circumstances - a useful tool in antitrust proceedings, especially in cases where traditional antitrust tools prove insufficient.

Aspekty prawne zastosowania sztucznej inteligencji w zrównoważonej żegludze morskiej

Dominika Wetoszka — Tue, 05 Aug 2025 00:00:00 +0000

Artificial intelligence (AI) begins to have a significant impact on the maritime industry - from ship design and construction to the automation of ship guidance and autonomous units. On the one hand, the integration of AI into the shipping industry brings many benefits, such as increased operational efficiency, reduced human error, improved safety or reduced CO2 emissions into the atmosphere. On the other hand, the development of autonomous shipping raises concerns such as cyber security and liability for accidents and damage caused by autonomous vessels. A comprehensive legal framework is neededfor ensuring the sustainable development of the application of artificial intelligence in shipping. Creating the framework requires extensive international cooperation. Legal solutions should take into account the unique challenges of vessels using AI as well as provide clear guidelines for their safe and responsible operation in international waters.

Przedmiot nadzoru administracyjnego nad sądownictwem - propozycja reinterpretacji instytucji

Jan Olszanowski — Tue, 05 Aug 2025 00:00:00 +0000

The article focuses on the subject scope of the institution of administrative supervision in the judiciary. This is an institution that aims to increase the efficiency of the administration of justice. Its assessment must take into account not only statutory regulations, but also constitutional regulations, in particular the right to a court. The aim of the article is to evaluate existing regulations, taking into account the statements presented in case law and legal doctrine. In this context, proposals are presented for reinterpreting the institution of administrative supervision. It must take into account the principles of separation of powers and the principle of judicial independence.

Konne zaprzęgi do Morskiego Oka a prawnokarna ochrona zwierząt - kilka uwag na tle występku znęcania się nad zwierzętami

Diana Dajnowicz-Piesiecka — Tue, 05 Aug 2025 00:00:00 +0000

The impetus for the study was the recording of the accident of a horse pulling a sled on the route to Morskie Oko, which in early May 2024 stirred public opinion and prompted a debate on the welfare of animals working in tourism. The article affirms that the use of horse-drawn carriages to transport tourists complies with animal protection laws, provided that all regulatory and statutory requirements for the welfare of horses are strictly observed. Violations of these regulations, such as overloading horses, beating them, forcing sick or old animals to work, and exposing them to adverse weather conditions, may constitute the crime of animal abuse. These findings provide a comprehensive understanding of the legal and criminal law aspects of using horses in mountain tourism, ensuring that the audience is well-informed and knowledgeable about the topic.

Czy prawo francuskie może stanowić wzór dla regulacji realizacji zabezpieczeń na dobrach cyfrowych?

Maciej Bujalski — Tue, 05 Aug 2025 00:00:00 +0000

The article characterises forms of security interest that may have digital assets as their object under French law, i.e. pledge, financial pledge and security fiduciary. It then categorises the methods of realisation of security interests into those based on the sale of goods and those based on the seizure of goods by the creditor, and analyses their advantages and disadvantages in relation to digital assets. It also addresses the question of how the specificity of digital assets require consideration of the will and cooperation of the parties vis-a-vis traditional security rights. The systematisation of French law on securities is complemented by the right of retention, the discussion of which was intended to answer the question of what relevance the actual authority and control over the digital asset has for the effective realisation of the security right.

Zjawisko sharentingu jako źródło refleksji nad zakresem władzy rodzicielskiej a koniecznością ochrony wizerunku dziecka

Anna Majer — Tue, 05 Aug 2025 00:00:00 +0000

The article analyses legal aspects of the phenomenon of sharenting - any publication of photographs of minors by their parents on social media. In the age of technological development, sharenting becomes a serious problem that threaten children and their privacy. In addition to pointing out the origins of the concept itself and its scale, the study assesses the current legislation, as against the backdrop of the phenomenon indicated, the autonomy of parents in raising their child clashes with the need to protect the child's privacy. Although the provisions regulating sharenting are scattered across many pieces of legislation, they provide a fairly solid basis for the protection of a child's image. France is proposed as an example of a country that has introduced specific regulations concerning the publication of children's images in social media.