Main Content

Issue 2014-02

SOCIETAS ET IURISPRUDENTIA – ISSUE 2014-02

FULL VERSION OF ISSUE 2014-02 (pp. 1-236, PDF, 6185 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 312 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 7-8, in Slovak, PDF, 350 kB)
Contents (pp. 9-10, in English, PDF, 344 kB)

STUDIES

ESSAYS

INFORMATION

Information for Authors (pp. 217-222, in Slovak, PDF, 446 kB)
Information for Authors (pp. 223-228, in English, PDF, 444 kB)
Code of Ethics (pp. 229-232, in Slovak, PDF, 411 kB)
Code of Ethics (pp. 233-236, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2014-02

FULL VERSION OF ISSUE 2014-02 (pp. 1-236, PDF, 6185 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 9-10, in English, PDF, 344 kB)

Jana Koprlová
Editorial for Summer Edition SOCIETAS ET IURISPRUDENTIA 2014 (pp. 15-18, in English, PDF, 465 kB)

STUDIES

Mariusz Załucki
Testamentary Succession, New Technologies and Recodification: On the Research That Needs to Be Conducted (pp. 19-34, in English, PDF, 637 kB)

Abstract: In view of the fact that one of the main tasks of modern inheritance law is to connect the available legal structures with the shape of property relations existing in the society and to favour solutions which enable to make the most of the testator’s estate after his or her death, the author concludes that a research needs to be conducted to examine what consequences in this field of law follow, inter alia, from the wide availability of audio and video digital recorders, and what are legal consequences of registering the last will of the testator using such equipment, e.g. if in such context, can we call a video testament a newly developing form of estate disposition. In this scope projects should search for connections between the above-indicated technical equipment and the possibilities of fulfilling the last will of the testator, to analyze if they may be useful for applying the principle of testamentary freedom present in inheritance law and to explain if the application of such equipment by the testator will facilitate or hinder the execution of testator’s will mortis causa.

Key Words: Civil Code; Inheritance Law; Succession Law; Will; Testament; Video Will; Electronic Will; Poland.

Helena Barancová
Mobbing and Chicanery of the Employee as a Form of Abuse of Right (pp. 35-66, in Slovak, PDF, 817 kB)

Abstract: The presented study focuses on the current issues of the mobbing and chicanery of the employee as a form of abuse of right. Its author specifically concentrates on the following priority areas: concept of chicane, respectively chicanery, chicane as a form of abuse of right, the European Union legislation, foreign legal regulations of chicane, national legal regulation of chicane; concept of mobbing and its features; bossing; chicane – mobbing as a form of abuse of right, concept of good manners; chicane and discrimination; harassment – sexual harassment, instruction to harassment.

Key Words: Anti-Discrimination Act; Discrimination; Prohibition of Discrimination; Burden of Proof; Chicanery at Work; Mobbing; Bossing; Harassment; Sexual Harassment; Instruction to Discrimination; Employee; Health and Safety at Work; Convention on Human Rights and Fundamental Freedoms; Labour Code of the Slovak Republic; Good Manners in Labor Law; Prohibition of Abuse of Rights; the European Union Law.

Marianna Novotná
Basic Questions of Civil Liability for Nuclear Damage in Slovakia (pp. 67-84, in English, PDF, 702 kB)

Abstract: The nuclear liability regime currently in force in Slovakia governs liability on the system of civil law. The roots of the historical development of the Slovak nuclear liability legislation can be dated back to 1995 when the Slovak Republic acceded to Vienna Convention on Civil Liability for Nuclear Damage. The Vienna Convention as one of the fundamental international conventions regulating the issues of liability for damages caused as a result of a nuclear incident has promoted a special régime (nuclear liability régime) founded on several principles which had become binding rules for respective contracting parties over the preceding half-century. The fundamental principles established by Vienna Convention directly or indirectly implemented at the Slovak national level include the following: exclusive liability of the operator of nuclear installation, strict liability of the operator, limitation of damages in amount and time, exclusive jurisdiction and mandatory financial coverage. The paper deals with the Slovak nuclear liability legislation established on the basis thereof, taking account of the specifics of the implementation process, formulation and interpretation of the Slovak nuclear liability legal rules and reviewing the variance from the requirement to meet the compatibility standard in this field.

Key Words: Nuclear Liability; Principles of Nuclear Liability; Slovak Nuclear Law; Nuclear Damage; Nuclear Power Plant; Vienna Convention on Civil Liability for Nuclear Damage; the Slovak Republic.

Viktor Križan
To Maintain of Remuneration and/or Entitlement to an Adequate Allowance of a Pregnant Worker: Cases C-512/11 and C-513/11, TSN and YTN (pp. 85-99, in Slovak, PDF, 644 kB)

Abstract: The paper analyzes the decision of the Court of Justice of the European Union in joined Cases TSN and YTN, concerning the interpretation of directives governing maternity leave, parental leave and equal opportunities as well as equal treatment of men and women. Subject of the dispute was rejection to pay remuneration which is under collective agreements usually paid during maternity leave, to two Finnish female employees due to interruption of unpaid parental leave by maternity leave. In addition of comment of the decision the author presents also its importance to the legal system of the Slovak Republic.

Key Words: Maternity Leave; Parental Leave; the Court of Justice of the European Union; Directive 92/85/EEC; Directive 96/34/EC; Remuneration; Conditions in the Collective Agreement; Case TSN and YTN; Maintenance of Remuneration; the Slovak Republic.

Katarína Procházková
Prohibition of Discrimination on Grounds of Sexual Orientation: Selected Case Law of the European Court of Human Rights (pp. 100-113, in Slovak, PDF, 692 kB)

Abstract: The author deals in the paper with non-discrimination legislation in the European Union law and selected case law of the Court of Justice of the European Union and the European Court of Human Rights, with respect to the prohibition of sexual orientation discrimination. The overall protection framework for combating discrimination in employment and occupation on the grounds of religion or belief, disability, age or sexual orientation in the European Union law are Directive 2000/78/EC of November 27th, 2000, establishing a general framework for equal treatment in employment and occupation, and Article 14 of Convention for the Protection of Human Rights and Fundamental Freedoms. The author focuses on the initial decisions of the Court of Justice of the European Union and the European Court of Human Rights which have formed the doctrine of non-discrimination on grounds of sexual orientation in the European law, especially on judgments Dudgeon v. United Kingdom and Salgueiro da Silva Mouta v. Portugal.

Key Words: Court of Justice of the European Union; European Court of Human Rights; Human Rights Protection; Convention for the Protection of Human Rights and Fundamental Freedoms; Prohibition of Discrimination on Grounds of Sexual Orientation; Violation of Article 8 and Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Concept of “Private Life”.

Marta Matulčíková – Daniela Breveníková
Structure of Personality Properties and Its Contribution to Long-Term Employability (pp. 114-132, in English, PDF, 836 kB)

Abstract: The paper deals with the importance of the properties that make up the structure of personality to an individual’s long-term employability. The topic is a response to an enduring problem on the labour market in Slovakia, namely unemployment of university graduates as well as problems of keeping a continuous employment. The paper is a presentation of partial results of the research project KEGA 006EU-4/2013. The relevance of single personal properties (expressed in %) for their holders’ employability is assessed by respondents from micro-enterprises, small and medium-sized enterprises. The intensity of separate social skills for their holders’ employability is established on the basis of research results.

Key Words: Employability; Intellectual Property; Personality Property; Key Competences; Work Performance; the Slovak Republic.

Jana Koprlová
Applying the Skip Navigation Links in the Context of the Websites’ Accessibility of Central State Administration Bodies in the Slovak Republic (pp. 133-178, in English, PDF, 2995 kB)

Abstract: The study focuses in its main aim on seeking yet undetected or undefined deficits in relation to applying the skip navigation mechanism on the websites of the central state administration bodies in the Slovak Republic in the context of improving the websites accessibility and it consists of two separate parts. The first part presents a basic introduction to the questions of skip navigation links, with the key attention paid to the following three main areas: applying of skip navigation links, visual hiding of skip navigation links, and web browsers’ bug related to skip navigation links. The second part of the study concentrates on the basis of analysis of applying the skip navigation links on the websites of the central state administration bodies in the Slovak Republic on the processes focused on detection of potential deficits and gaps in the websites’ accessibility or related possible non-compliance with the legislation in force.

Key Words: Websites; Websites’ Accessibility; Skip Navigation Links; Public Administration; Central State Administration Bodies; Compliance with Legislation in Force; the Slovak Republic; Analysis.

ESSAYS

Peter Vyšný
Bruce G. Trigger’s Book Understanding Early Civilizations and Its Contribution to the General and Comparative History of State and Law (pp. 179-206, in Slovak, PDF, 841 kB)

Abstract: The paper is an essay, which deals with contents of the book Understanding Early Civilizations and highlights its contribution to the science of History of State and Law, which is understood here as a world-wide operating and comparing science. The contribution of the book to the science of History of State and Law is the following: The book introduces us to little known and the unknown, for the History of State and Law useful works and opinions of foreign social scientists as well as to international social science discussions; the book covers insightful theoretical and methodological considerations on e.g. comparative method, and a sophisticated process of the research object’s delimitation which is the early civilization; the book characterizes comprehensively the early civilizations and brings interesting and revealing findings and conclusions useful in the history of state and law.

Key Words: Early Civilization; Comparative Method; Similarities and Differences; Contribution.

INFORMATION

Adriana Švecová
FORUM IURIS EUROPAEUM – Establishing a New Scientific Journal for Legal Science in the Slovak Republic (pp. 207-216, in Slovak, PDF, 541 kB)

Abstract: Information on new scientific journal FORUM IURIS EUROPAEUM designed for broad forum of lawyers and scholars issued by the Faculty of Law at Trnava University in Trnava, Slovakia, since year 2013.

Key Words: Information; Scientific Journal; Legal Issues; Faculty of Law at Trnava University in Trnava; Slovakia.

Information for Authors (pp. 223-228, in English, PDF, 444 kB)
Code of Ethics (pp. 233-236, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)