due diligence

Odpowiedzialność cywilna rzecznika dyscyplinarnego z tytułu naruszenia niezawisłości sędziowskiej

Author: Maciej Gutowski
Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
ORCID: https://orcid.org/0000-0002-3792-5088
Year of publication: 2020
Source: Show
Pages: 75-91
DOI Address: https://doi.org/10.15804/ppk.2020.04.03
PDF: ppk/56/ppk5603.pdf

Civil Liability of a Disciplinary Spokesman for Breach of Judicial Independence

The article comprises an analysis of the civil law liability of a disciplinary spokesman for breach of judicial independence. The starting point of the analysis is general possibility of imposing civil liability on the judicial disciplinary spokesman, and that judges’ immunity protects from criminal offences only. The civil liability of the disciplinary spokesman is grounded on the requirement of due performance of the disciplinary spokesman’s function. The boarders between the power of the disciplinary spokesman and the civil liability must be assessed in light of the limbs of a disciplinary offense, which limit the disciplinary spokesman’s right to intervene in certain cases. The civil liability of the disciplinary spokesman is possible not only on the grounds of art. 23 and 24 of the Polish Civil Code, but also on the basis of tortious liability. The availability of these legal mechanisms is directly related to the nature of the disciplinary spokesman’s act, and boils down to the question whether the disciplinary spokesman is justified in a given instance to initiate disciplinary proceedings, i.e. whether the limbs of a disciplinary offence as required by art. 107 § 1 u.s.p. are present. The article discusses two crucial elements of the civil law liability of the disciplinary spokesman: unlawfulness and negligence. Further elements of the liability: loss and causation do not differ from the civil law standards. Therefore, in this respect, the article refers to the general rules.

Obowiązek szczególnej staranności dziennikarza przy zbieraniu i wykorzystywaniu materiałów prasowych

Author: Jacek Sobczak
Institution: Akademia Ekonomiczno-Humanistyczna w Warszawie
ORCID: https://orcid.org/0000-0002-2231-8824
Author: Ksenia Kakareko
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0003-3707-4479
Year of publication: 2022
Source: Show
Pages: 225-239
DOI Address: https://doi.org/10.15804/ppk.2022.05.18
PDF: ppk/69/ppk6918.pdf

The Journalist’s Obligation of Special Care and Diligence in Collecting and Using Press Materials

The aim of the article is to establish the content of the concept of special diligence indicated in art. 12 sec. 1 of the Press Law, the obligation to exercise due diligence in collecting and usage press materials. The content of Art. 355 § 2 of the Civil Code as specifying what the diligence is expected from professionals. It was considered whether the exercise of “due diligence” in collecting the materials would exclude the unlawfulness of the journalist’s actions, if it turned out that, despite this diligence, false information was provided. The effects of failure to exercise due diligence in the matter of journalist’s liability were discussed, based on the analysis of jurisprudence that due diligence is required at all stages of collecting and usage press materials. The problem of due diligence was confronted with the journalist’s actions in defense of an important social interest.

Lex Aquilia źródłem współczesnej odpowiedzialności za czyny niedozwolone

Author: Justyna Poliszak
Institution: SWPS Uniwersytet Humanistycznospołeczny w Warszawie
Year of publication: 2018
Source: Show
Pages: 197-228
DOI Address: https://doi.org/10.15804/tpn2018.1.12
PDF: tpn/13/TPN2018112.pdf

The purpose of this article is to indicate that all the fundamental private law institutions regarding liability for delicts, negligence, detriments etc. have its roots in Roman law. Lex Aquilia and its creative interpretation made by classical Roman lawyers can be one of the most valuable examples of this historical process. The following essay emphasizes that the classical Roman jurists have developed such an important legal instruments as: the concept of fault, negligence, due diligence, causation etc. Moreover the article contains source texts with case studies and its explanations based on classical interpretation made by Roman lawyers. In addition, the last part of the lecture indicates the main similarities and differences between ancient and modern private law instruments. The article may be useful for law students and legal practitioners to understand the origin and main idea of modern legal principals and therefore improve their skills.

Multinational Enterprises’ Mandatory Human Rights and Environmental Due Diligence. The Case of European Union Law Underway

Author: Katarzyna Mojska
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0002-3382-7325
Year of publication: 2023
Source: Show
Pages: 287-298
DOI Address: https://doi.org/10.15804/ppk.2023.04.21
PDF: ppk/74/ppk7421.pdf

The international and domestic efforts directed toward establishing effective regulations of multinational enterprises (MNEs) activity in the human rights and environmental realms are currently entering an intriguing phase. The trend toward setting forth legally binding obligations applicable across their complex, transnational structures is gaining momentum, and the upcoming EU Corporate Sustainability Due Diligence Directive (CSDDD) may significantly contribute to this process. The research aim of this study is to examine how the draft CSDDD is woven into the present regulatory landscape, and what impact it may potentially have. Due to multicentricity of the legal sources’ systems in the member states, the EU law underway will also affect their constitutional orders. To tackle the research task, it is crucial to delineate the broader context of the challenges surrounding the enforcement of social and environmental accountability throughout global value chains, which arise at the intersection of the existing governance mechanisms’ quality, and the legal as well as organisational MNEs’ logics. These interconnected issues are addressed in the first section of the paper. The second section covers CSDDD as reflecting and potentially accelerating regulatory trends.

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