Main Content

Issue 2019-03

SOCIETAS ET IURISPRUDENTIA – ISSUE 2019-03

FULL VERSION OF ISSUE 2019-03 (pp. 1-121, PDF, 1875 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, 341 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

STUDIES

Information for Authors (pp. 105-109, in Slovak, PDF, 424 kB)
Information for Authors (pp. 110-114, in English, PDF, 415 kB)
Code of Ethics (pp. 115-117, in Slovak, PDF, 403 kB)
Code of Ethics (pp. 118-121, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2019-03

FULL VERSION OF ISSUE 2019-03 (pp. 1-121, PDF, 1875 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, 335 kB)

Jana Koprlová
Editorial for Autumn Edition SOCIETAS ET IURISPRUDENTIA 2019 (pp. 15-18, in English, PDF, 460 kB)

STUDIES

Rafał Adamus
Ineffectiveness of the Payment of Debt under the Polish Law (pp. 19-34, in English, PDF, 650 kB)

Abstract: The aim of the presented study is to answer the following question: whether – according to the Polish law which is not lex concursus in the case – the payment of debt if other required legal conditions are fulfilled may be ineffective?

Key Words: Bankruptcy Law; Bankruptcy Law Act; Civil Code; Ineffectiveness; Bankruptcy; Payment; Debtor; Creditor; Poland.

Katarzyna Banasik
Theft of Cultural Property in the Context of the Polish Criminal Law (pp. 35-48, in English, PDF, 628 kB)

Abstract: The aim of this paper is to examine whether the Republic of Poland guarantees cultural property appropriate protection against theft under the criminal law. The author begins by analysing the 1972 Paris Convention Concerning the Protection of World Cultural and Natural Heritage and presenting the relevant regulations. In the next part of the paper, she analyses the legal grounds for classifying cultural property theft as a felony or a misdemeanour. Moreover, the author explains the term “cultural property” and its relationship with the term “cultural relic”. She also provides an exhaustive analysis of two particular elements of this category of theft: “property of considerable value” and “property of significant cultural value”. She concludes by assessing the current state of the Polish criminal law from the perspective of the protection of cultural property against theft.

Key Words: Criminal Law; Cultural Property; Property of Significant Cultural Value; Cultural Relics; Theft as a Felony; Theft as a Misdemeanour; the 1972 Paris Convention Concerning the Protection of World Cultural and Natural Heritage; Poland.

Martin Štefko
Freedom to Shape the Language of Collective Agreement Analysed on a Case of Sum Payments (pp. 49-63, in Czech, PDF, 701 kB)

Abstract: Lump-sums payments are used as a touchstone to consider current statutory rules on extra payments for services which were performed outside scheduled work hours, rendered on Saturdays or Sundays or done throughout nights. In his paper, the author claims that respective rules are morally ambiguous and legally complex. They seem to privilege trade unions to harm non-unionized workers. However, trade unions are not able to secure their financial interests as well; they cannot opt out “free riders”.

Key Words: Labour Law; Labour Code; Wage; Statutory Bonuses; Freedom to Shape Contract; the Czech Republic.

Marianna Novotná
Principle of Prohibition of Abuse of Law in Tort Relations (pp. 64-76, in Slovak, PDF, 634 kB)

Abstract: The paper deals with the principle of prohibition of abuse of law as a special case of acting in violation of good morals in the tort law (especially in relation to § 424 of the Slovak Civil Code). Breach of good morals is being manifested here externally either within the institute of prohibition of abuse of law or within the institute of abusive execution of the subjective rights, where such a breach (conduct that is not in accordance with good morals) constitutes the criterion of assessment of abuse of law, i.e. of such realisation of subjective rights which is not leading towards the purpose pursued by legal regulation.

Key Words: Civil Law; Civil Code; Abuse of Law; Good Morals; Tort Law; Damages; Abusive Realisation of Subjective Rights; the Slovak Republic.

Jakub Morávek
Communication and Notification of Personal Data Breaches Pursuant to the General Data Protection Regulation (pp. 77-91, in English, PDF, 709 kB)

Abstract: The paper focuses primarily on the communication and notification of personal data breaches pursuant to the General Data Protection Regulation. The author discusses the issue in the context of the nemo tenetur principle and the related constitutional aspects.

Key Words: Labour Law; Personal Data Protection; Data Breach; General Data Protection Regulation; nemo tenetur Principle; the Czech Republic.

Silvia Treľová
Telework as a Form of Work Organization (pp. 92-104, in Slovak, PDF, 663 kB)

Abstract: The possibility of teleworking is based on a contractual basis. This flexible work model has its advantages and the work done in this form is characterised by efficiency. The trend to work from home is increasing; it concerns different categories of employees and keeps expanding to other professions. The author outlines in her paper the legal aspect of the definition of telework and points out the problems of current application practice.

Key Words: Labour Law; Labour Code; Telework; Information and Communication Technologies; Working Time; the Slovak Republic.

Information for Authors (pp. 110-114, in English, PDF, 415 kB)
Code of Ethics (pp. 118-121, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)