Ius et Administratio 1 (46) 2022
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- PozycjaZarys systemu kontroli administracji publicznej w Polsce(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Łaskawski, GrzegorzThe process of control is inextricably linked with all manifestations of organised human activity, and therefore it mainly concerns the functioning of the state. The most important purpose of existence of the control system in the state is to ensure the proper performance of tasks by the public administration by verifying the methods of their implementation. Due to the fact that control is a concept with a very broad meaning, many definitions can be found in the literature. In the common sense, it primarily means comparing the existing state with a specific desired state of affairs. On the basis of administrative law, the institution of control is recognised in a functional and systemic sense. The first concerns the entirety of activities undertaken in the control process, including the methods of its conduct and the criteria used in it. On the other hand, the systemic approach boils down to presenting the characteristics of separate organs performing inspection activities.
- PozycjaOdpowiedzialność za szkodę wyrządzoną przez pasera(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Weiszewska, EwaThe article concerns civil liability of the person who intentionally took advantage of the damage caused to another person in the light of the article 422 of the Polish Civil Code. The author considers the above norm on the example of the civil liability of the fence, which in the literature was considered almost a textbook example of conscious use of damage. Therefore, the article presents legal grounds for the liability of the fence. The author analyzes several issues, such as the nature of the fence's liability, definition of conscious action, or joint and several liability of the fence.
- PozycjaFirma i znak towarowy – istota oznaczeń przedsiębiorstwa oraz roszczenia w przypadku ich naruszenia(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Meszka, JustynaBusiness signs stand out from the competition in business transactions. Thanks to them, a given activity is individualized and may be associated with a specific good or service. Along with the economic and technological development, illegal use of labels and unjustified promotion of goods with the trademark of another entrepreneur are becoming an increasing challenge. The article deals with the most important issues concerning business signs, and an indication of legal solutions in Polish legislation in the event of infringement of rights. The aim of the study is to show their essence and importance in current economic activities.
- PozycjaPrzedawnienie roszczeń z umów konsumenckich po nowelizacji Kodeksu cywilnego(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Strugalski TomaszThe article concerns amendments to the Polish Civil Code in respect of limitation of claims. The overall objective of this analysis is to take into account the new legal situation of subjects to the civil law, in particular the new situation of the consumer oriented at limitation of claims which may be brought against him. Moreover, article is also focused on the possibility of waiving a plea of the claims being time barred by the consumer. Subsequently, when it comes to the conclusion, our domestic regulations currently seem to be insufficient to fulfill the directive of clarity of the legal system.
- PozycjaWybrane aspekty pobytu cudzoziemców w Polsce(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Karnat, MartaThe article presents the definition of a foreigner and describes the characteristic features of the phenomena related to foreigners who arrive in the territory of Poland. Categories of foreigners occurring in Poland have been discussed and the related legal regulations have been indicated. The article presents the conditions of crossing the border. The work describes the possibilities and conditions of staying in the Poland and forms of employment as well as rights of foreigners.
- PozycjaAn approving gloss to the thesis of the judgement of the Supreme Court of 21st April 2016, ref. III ZS 1/16 regarding legal subjectivity of the Supreme Council of the Chamber of Nurses and Midwives(Wydawnictwo Uniwersytetu Rzeszowskiego, 2022-12) Charzewski, PrzemysławOn 21 April 2016, The Supreme Court indicated in its judgment that the Supreme Council of the Chamber of Nurses and Midwives has legal subjectivity, which entails that it has both legal personality and judicial capacity. This is also not prevented by its legal status, i.e. being a body of the Supreme Chamber of Nurses and Midwives. It derives its qualities from the role it actually performs, i.e. representing the professional association of nurses and midwives outside. Of course, it follows from both the Act and the literature that the professional association of nurses and midwives has legal personality. However, it follows from the thesis in the judgment that the Supreme Court took into account the fact that without the Supreme Council, the proper performance of tasks by the professional association of nurses and midwives would be in practice impossible in the current legal state (which is justified by the provisions of the Act on the association of nurses and midwives). The author fully endorses this position, which he justifies with the argumentation below.