Review of European and Comparative Law, 2019, Vol. 38, No. 3
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- ItemMortgage in international private law(Wydawnictwo KUL, 2019) Widło, JacekThe article discusses the law applicable to the determination of a property-secured right – i.e. a mortgage. Major reflections are preceded by the legal analysis of a mortgage, the concept of the Eurohypothec and the European Land Information Service – EULIS. What follows is a short review of mortgage regulations in selected legal systems (e.g. the French and German systems). The core of the article focuses on the rules for the search of the law applicable to a mortgage and related scope. The change of law governing mortgages (property), e.g. as a result of the change of borders, including a hostile incorporation (annexation), is also discussed.
- ItemThe Directive 2016/97 On Insurance Distribution (IDD) And Private International Law(Wydawnictwo KUL, 2019) Fras, MariuszClear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer. The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.
- ItemInstrumental Offence In Spanish Criminal Code: Problems Of Legitimacy?(Wydawnictwo KUL, 2019) Cruz Palmera, Roberto JoséPresento una nueva categoría de normas penales que llamo "delitos instrumentales". Es una anticipación a través de la cual el legislador español castiga la preparación de un delito que incrimina objetos o procesos para cometer un delito con el fin de prevenir nuevas formas de delito. Sin embargo, esta decisión es ilegítima porque es incompatible con los principios constitucionales. En ese sentido, para mantener estas normas penales en el código se requerirá una interpretación que se ajuste a los principios básicos del derecho penal.
- ItemAxiological paradigm of social inclusion intensification - selected remarks(Wydawnictwo KUL, 2019) Małecka-Łyszczek, Magdalena Iwona; Mędrzycki, RadosławThe following paper investigates the values building the axiological paradigm of social inclusion intensification using the legal doctrine. The analysis is set within the Polish legal system, which is part of the international and EU law established for the maintenance of social cohesion. On the one hand, the Polish solutions not only stem from the European civilization heritage, but also create and reinforce it. The individual sections of the paper provide an analysis of such inclusive values as dignity, freedom, equality, common good and social solidarity which are assumed to be the basis for all inclusive actions performed within civil societies in democratic states based on the rule of law. The analysis also considers a possible hierarchy of those values and how they affect each other. While the inclusive values themselves appear to be universal, their relations and influence on each other (possibly: hierarchy) is strictly dependent on the national legislation. The research has shown the way in which the investigated values/principles coexist. Human dignity has been found to be the fundamental and supreme value of the Polish legal system, while social solidarity supports social cohesion. It is not possible to artificially separate those values – only when they intertwine, complete and enhance each other can the inclusive actions be designed and executed in the most advantageous manner. Therefore, values and rules which bear them form a praxeological system; they must be interpreted only within the context of their coexistence, relations and the influence they have on one another. Each of the discussed values takes part in the establishment of the resources shared by a democratic state and by the internal structures of the civil society existing within this state’s bounds. Only by taking them all into consideration can we provide an adequate and comprehensive understanding of inclusivity and achieve its desired model.
- ItemMinimum standards in the European Account Preservation Order(Wydawnictwo KUL, 2019) Golak, Mateusz Wiktorhe article is devoted to minimum standards in the new procedural instrument - the European Account Preservation Order. The main purpose of the preservation proceeding is to grant an interim order of creditor’s claim on debtor assets, without overburdening his property. Due to the complicated procedure established by Regulation (EU) No 655/2014, the European Account Preservation Order should serve as an additional and optional measure for the creditor, the examination of the minimum standards is essential. The Author indicates the relation between above-mentioned regulation and other regulations and gives explanation why this instrument is another symptom of the new EU legislator's approach to cross-border civil matters. Since the debtor is a person whose interests are most affected by the preservation on the bank account, it is necessary to specify his rights and obligations in this proceedings.