prawo prywatne

Ownership Right – Private vs. Public Aspect

Author: Marian Grzybowski
Year of publication: 2016
Source: Show
Pages: 223-233
DOI Address: https://doi.org/10.15804/ppk.2016.06.11
PDF: ppk/34/ppk3411.pdf

Ownership is considered, predominatly, to be a legal notion. But it has also some conotations in the frame of economics, philosophy and sociology. In the doctrine of law there were framed numerous and slightly different definitions of ownership. Most of them, however, emphasise the dominant role of the owner’s unlimited and exclusive power over a thing (or value) as well as his (her) dominat role to explore possibilities of legal and factual disposal. The Constitution of Poland of 1997 deals with the ownership (property) rights twice: in article 21 (within the basic constitutional regulations) and, even more detaily, in article 64 (1–3), in Chapter II of the Constitution, dealing with the civil fredoms and rights of entity. The central issue under the author’s consideration should be framed in a question: to which extend the limitations pointed in article 31(3) of the Constitution may define exploration of the owner’s rights and powers protected by the Constitution, in particular; by its provisions framed in its articles 21 and 64?

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.

Wpływ zasad i wartości konstytucyjnych na prywatnoprawną zasadę słuszności

Author: Adam Doliwa
Institution: Uniwersytet w Białymstoku
ORCID: https://orcid.org/0000-0002-0752-7708
Year of publication: 2023
Source: Show
Pages: 179-190
DOI Address: https://doi.org/10.15804/ppk.2023.06.13
PDF: ppk/76/ppk7613.pdf

Impact of Constitutional Principles and Values on the Private Law Principle of Equity

The purpose of this article is to establish an answer to the question whether, and if so, how, the private law value system, in particular the private law principle of equity, is influenced by constitutional values and principles. In conclusion, it is established that constitutional norms, reflecting the constitutional axiological order, should be taken into account when interpreting the function of the civil law principle of equity.

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