civil law

  • Promotion of Legal Culture as a Factor of New Stage in Integration. From the Community of Legal Values to the Community of Law

    Author: Tadeusz Biernat
    Year of publication: 2008
    Source: Show
    Pages: 7-22
    DOI Address: http://dx.doi.org/10.15804/ppsy2008001
    PDF: ppsy/37/ppsy2008001.pdf

    The basis of European communities’ integration is diversified. Some of its aspects are particularly emphasized, like the dynamics of economic development, which creates new quality of life for millions of Europeans. Much attention is devoted to the common historical past and the common democratic political values. The attention is focused, to a lesser extent, on what constitutes the real basis of cultural identity for European societies, namely law and the attitude to it. It is law and values attributed to it as well as legal institutions, which have been the strongest links of cultural chain connecting Europeans. Except for a basic issue, that is the Roman law tradition, one can point at a great common achievement with essential practical qualities. Lex mercatoria in the field of commercial law. Traditions of European constitutionalism, including the second, in the terms of the time of creation, modern constitution which was Polish constitution of 1791. Modern civil law becoming widespread due to the French Napoleonic Civil Code, which at the beginning of the 19th century was binding on the eastern European territory within such borders, which are now the European Union’s borders. The exchange of ideas and legal doctrine from the Middle Ages at European Universities. Promoting in these discussions, starting from the 16th century, modern solutions in the area of law, like the postulate of departing from capital punishment and equal rights. A systematic development of subjective rights, human rights, equal rights for women, rights of minorities and rights of the disabled. Introducing these rights to the positive law and ensuring their international and institutional protection.

  • An Implementation of the Constitutional Right to Review the Case Without Unreasonable Delay in Civil Proceedings

    Author: Katarzyna Jurewicz-Bakun
    E-mail: kjurewicz@pwsip.edu.pl
    Institution: Lomza State University of Applied Sciences
    ORCID: https://orcid.org/0000-0001-8565-9450
    Author: Magdalena Taraszkiewicz
    E-mail: mtaraszkiewicz@pwsip.edu.pl
    Institution: Lomza State University of Applied Sciences
    ORCID: https://orcid.org/0000-0003-1297-8279
    Year of publication: 2019
    Source: Show
    Pages: 407-425
    DOI Address: https://doi.org/10.15804/ppk.2019.05.27
    PDF: ppk/51/ppk5127.pdf

    One aspect of the right to court is the right to have a case resolved within a reasonable time in proceedings that do not involve lengthiness. The purpose of the article is to present the problem related to the implementation of the Art. 45 paragraph 1 of the Constitution in civil procedure. The order to examine the case without undue delay is one of the procedural components of the constitutional right to court. The inability of the court to hear the case within a reasonable period of time weakens the efficiency of the courts and undermines trust in the state and its organs that safeguard compliance with the law. Getting a court trial quickly is in the direct interest of not only the parties to the proceedings but also the public interest. It is up to the court to ensure that procedural guarantees of proceedings are effective as quickly as possible and at the same time responding. The judgment of the European Court of Human Rights of May 16, 2019, unequivocally pointed to the violation by Poland of the right to a fair trial related to the length of court proceed-

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