Main Content

Issue 2019-02

SOCIETAS ET IURISPRUDENTIA – ISSUE 2019-02

FULL VERSION OF ISSUE 2019-02 (pp. 1-155, PDF, 2133 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 326 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 9-9, in Slovak, PDF, 348 kB)
Contents (pp. 10-10, in English, PDF, 338 kB)

STUDIES

Information for Authors (pp. 139-143, in Slovak, PDF, 423 kB)
Information for Authors (pp. 144-148, in English, PDF, 415 kB)
Code of Ethics (pp. 149-151, in Slovak, PDF, 403 kB)
Code of Ethics (pp. 152-155, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2019-02

FULL VERSION OF ISSUE 2019-02 (pp. 1-155, PDF, 2133 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 10-10, in English, PDF, 338 kB)

Jana Koprlová
Editorial for Summer Edition SOCIETAS ET IURISPRUDENTIA 2019 (pp. 15-18, in English, PDF, 459 kB)

STUDIES

Rafał Adamus
Bankruptcy and Restructuring Law in Poland (pp. 19-49, in English, PDF, 751 kB)

Abstract: The aim of this study is to present general description of the bankruptcy and restructuring law in Poland. The insolvency law is of fundamental importance to business transactions and investment security. The law on bankruptcy and entrepreneurs’ restructuring is increasingly perceived as an important factor in encouraging economic development and investment as well as a factor favouring entrepreneurs’ activity and preservation of jobs. Substantive condition of the bankruptcy and restructuring law has a very real impact on the economy.

Key Words: Bankruptcy Law; Restructuring Law; Law on Insolvency; European Law; Insolvency; the United Nations Commission on International Trade Law, Creditor; Debtor; Poland.

Aleksey Pavlovich Anisimov
On the Theory of Inter-sectoral Contracts (on Example of Environmental Contracts) (pp. 50-64, in Russian, PDF, 682 kB)

Abstract: The paper is devoted to the consideration of one of the varieties of inter-sectoral contracts concluded in the sphere of interaction between society and nature. As conclusion, it is argued that this type of contractual relationship is regulated by the norms of the civil law and the environmental law, which is studied on the example of the specifics of four types of contracts for the provision of services (contracts of environmental insurance, contracts of environmental audit, contracts of environmental tourism as well as contracts for the treatment of solid municipal waste).

Key Words: Private Law; Public Law; Environmental Law; Contract; Waste; the Russian Federation.

Katarzyna Banasik
Failure to Prepare or to Present Documentation on a Work-related Accident in Light of the Polish Criminal Code (pp. 65-77, in English, PDF, 620 kB)

Abstract: The subject of this paper is the offence of failure to prepare or to present the required documentation on a work-related accident. This offence is criminalised under the Article 221 of the Polish Criminal Code. The author begins by considering what kind of interest is protected against the offence in question and giving a definition of a work-related accident. The author then continues with a detailed analysis of the objective element of the offence and the offender. The author also explains the subjective element of this offence. She analyses the relevant provisions of the Criminal Code, the Labour Code and other legal acts concerning the labour and social insurance law. Finally, she gives some conclusions and makes a de lege ferenda postulate.

Key Words: Criminal Law; Labour Law; Work-related Accident; Duty to Prepare Documentation Concerning a Work-related Accident; Failure to Present Documentation Concerning a Work-related Accident; Accident Report; Register of Work-related Accidents; Criminal Code; Labour Code; Poland.

Jakub Morávek
Concerning Certain Aspects of the Selection of Job Applicants Pursuant to Section 30 of the Labour Code (pp. 78-91, in English, PDF, 652 kB)

Abstract: The paper focuses primarily on concerning certain aspects of the selection of job applicants pursuant to the Section 30 of the Labour Code of the Czech Republic in the context of the General Data Protection Regulation. The author first discusses the selection and qualification criteria and subsequently deals also with the prohibition of discrimination and culpa in contrahendo in selecting of job applicants.

Key Words: Labour Law; Labour Code; Personal Data Protection; Selection of Job Applicants; the Czech Republic.

Paweł Szczęśniak
The Regulatory Framework of Forced Restructuring of Banks in the Polish Legal System (pp. 92-107, in English, PDF, 665 kB)

Abstract: The presented paper deals with the issues concerning the means of forced restructuring of banks in the Polish legal system. The term “means of forced restructuring of banks” should be understood as a set of legal rules that allows to reorganise a bank under the threat of a bankruptcy. Forced restructuring is also referred as a special resolution regime. Means of forced restructuring constitute, in fact, an administrative method of affecting banks the functioning of which jeopardises the stability of financial system. The thesis of this paper constitutes the statement that means of forced restructuring create a coherent, complementary system of legal means that allows to reorganise national, i.e. domestic bank without spending public funds. Thanks to the means of forced restructuring, the responsibility for the bank losses, including the costs of its forced restructuring, remains with the shareholders or members of the bank as well as with its creditors, not with the state budget. Variability of using the means of forced restructuring allows to adjust the reorganisation process of the bank to the circumstances that relate to the bank itself and to the level of recession on the financial markets.

Key Words: Financial Law; Banking Law; Resolution; Forced Restructuring; Bail-in; Banks; Poland.

Věra Sedloňová
Arbitrability and Arbitrators’ Powers in the Czech Republic (pp. 108-138, in Czech, PDF, 825 kB)

Abstract: The paper deals with the issues of legal regulation of arbitrability (admissibility of arbitration proceedings) in the Czech law. In year 1995, arbitration proceedings were made possible also in property disputes of natural persons and started to be frequently used for the solving of such disputes. Arbitrability began to extend also thanks to the case-law of the Supreme Court of the Czech Republic. Decision-making in the area of consumer disputes was excluded from the arbitration proceedings in year 2016. The arbitrators themselves decide about appropriate powers, i.e. about the possibility of hearing and decision-making through arbitration proceedings. If they arrive at a conclusion that they do not have appropriate powers in the matter, they will decide about this fact by means of a resolution. Lack of arbitrators’ power is a reason for cancellation of an arbitration award by a court of general jurisdiction. The arbitrability institute and the institute of arbitrators’ power are different legal institutes.

Key Words: Arbitrability; Arbitration Proceedings; Arbitrator’s Power; the Czech Republic.

Information for Authors (pp. 144-148, in English, PDF, 415 kB)
Code of Ethics (pp. 152-155, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)