In between a state of epidemic and a state of natural disaster – COVID-19 and certain human rights

The article examines the means of restricting selected human rights and freedoms during a state of epidemic against the requirements of the Constitution of the Republic of Poland. The analysis particularly concerns the practice of restricting these rights and freedoms through ordinances as well as the imposition of fines and penalties for violations of epidemic orders and bans.

Key words: state of exception, state of natural disaster, state of epidemic, administrative fine, human rights and freedoms, specific solutions associated with counteracting COVID-19, statutory authorization

The appearance of infidelity in the Polish family law

The subject matter of this article is the issue of breach of the obligation of matrimonial fidelity. Practitioners face this problem in the context of the divorce proceedings’ analysis of the breakdown of a marriage and deciding on the guilty party in this regard. The aforementioned sphere is particularly interesting in the context of the development of communication technology, which has contributed both to the creation of new forms of and documenting marital infidelity. This, in turn, has brought new tasks to the field of collecting evidence before the trial. It has become necessary to decide in which situations the right to a court outweighs the protection of privacy and in which cases the secrecy of communication is violated – or even whether a possible illegal obtaining of information occurs. In the event of marital infidelity, it is also necessary to consider the importance of the forgiveness of acts committed by one of the spouses in the context of the breakdown of the marriage.

Keywords: appearance of infidelity, right to privacy, the secrecy of communication, the illegal obtaining of information, forgiveness

Proper application of legal provisions regarding costs of proceedings or trial based on examples of medical jurisprudence in selected disciplinary cases

The primary hypothesis assumes that there is an institution of an appropriate application of the law in disciplinary proceedings, and that its correct use strengthens the procedural guarantees of the aggrieved party in terms of costs of proceedings or a trial. The argument in favor of such a position arises from adopting a specific approach to understanding regulations referring to other legal provisions. The study uses the analysis of judicial practice. The research was conducted in order to systematize the formula of institution of an appropriate application of the law in disciplinary proceedings. The focus was on finding common goals and standards in disciplinary cases related to costs of proceedings. The article demonstrates that, within reason, the legislator provides for a two-stage use of reference to other legal provisions, if applied appropriately.

Keywords: justice, costs, disciplinary liability, disciplinary offense, analogy in law, appropriate application of provisions

Content marketing in the context of selected legal acts

The aim of this article is to locate content marketing in the context of legal regulations. Thus far, in the literature on the matter there have been statements analyzing this form of marketing activity only within the context of the press, and what is more, these considerations have been limited to the analysis of issues related to Internet blogs. However, due to the fast-growing audio and video messaging on the Internet, it is appropriate to consider the phenomenon of content marketing in comparison with its forms, which, particularly as of late, have been significantly gaining in popularity. The need for a broader analysis of issues related to content marketing is not restricted to the emergence of this form of promotional activities. It also seems warranted to analyze this phenomenon more comprehensively on the basis of law, due to the fact that it is not limited to the subject matter covered by the Press Law in Poland. Therefore, the purpose of this article is the legal analysis of the content marketing phenomenon with the consideration of its less discussed forms, i.e. audio and video. Such considerations seem necessary, as this type of content is becoming increasingly popular and yet its authors still lack the necessary legal awareness to assess whether they are obliged to comply with specific legal obligations in connection with their creations and publications. The purpose of this article is to determine whether, and if so – in what cases, the authors of such content must comply with certain legal conditions in order to legally distribute it, which in turn will help to identify the specific liability of its authors in a given case.

Keywords: services provided by electronic means, radio, television, audiovisual services on demand, podcast, vlog, blog

Crimes regarding the abuse of free-living (wild) animals

The article addresses the issue of criminal responsibility for the crime of abuse of free-living (wild) animals. It touches upon the issues related to the assessment of a legal interest – humanitarian protection of animals, which this crime targets. The aim of this protection is to counteract actions which involve the illegal infliction of gratuitous and excessive pain or suffering to animals. Moreover, the two-way nature of the aforementioned protection and the way in which wild animals are subjected to it are also highlighted. The article also includes the analysis of the elements of animal abuse crime, with particular attention put on its forms towards wild animals and game.

Keywords: protection of animals, humanitarian protection of animals, animal abuse, wild animals, game

Emotional bond with an animal and personal interests

The paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.

Keywords: personal interest, emotional bond, loss of a domesticated animal, immaterial harm, compensation for non-pecuniary loss

Gloss (critical) to the judgment of the Court of Appeal in Białystok of January 13, 2021. (Case file no. I ACa 289/20)

Thesis of the judgment:The relationship that may arise between a human and an animal does not constitute a personal interest as defined in Article 23 of the [Polish] Civil Code and, consequently, the violation of human welfare due to death of an animal is not subject to protection under Article 23 et seq. of the Civil Code, even if death of an animal is the result of an unlawful act of another entity.

The decision of the Court of Appeal deserves criticism. The bond with an animal deserves protection as a personal interest, because the catalog of legally protected personal interests remains open, while the bond with an animal is an intangible, natural emanation of human personality and it has been recognized as a value by the society as a whole. Therefore it deserves protection under Articles 23–24 of the Civil Code.

Keywords: personal interest, animals, bond with animals

On the dominant character of development – the polemic towards the gloss by K. Rokicka-Murszewska to the judgement of the Polish Supreme Administrative Court of February 14, 2019 (case file no. II OSK 626/17)

The author engages in a polemic with the views expressed in the judgement of the Polish Supreme Administrative Court (NSA) of February 14, 2019 (case file no. II OSK 626/17) and the approving gloss by K. Rokicka-Murszewska to this judgement. The subject of the polemics is both the validity of the NSA’s view as to the need to establish the dominant function of the construction on the given territory and the practical capabilities of establishing such a function as part of the analysis of the function and characteristics of the construction and land development carried out over the course of the proceedings for the issuance of land development conditions. In the opinion of the author, the NSA’s view may be effectively used by the municipal authorities to implement their urban planning policy in a manner not compliant with the binding provisions of law.

Keywords: land development and management conditions, decision on land development and management conditions, urban design and planning analysis, good neighborhood principle

Overview of the decisions of the Polish Supreme Court

The resolution of the panel of seven judges of the Polish Supreme Court of July 2, 2021 (case file no. III CZP 38/20) is of utmost importance for legal practice. In it, the Court assumed that the landowner’s claim, under Article 231 § 2 of the Polish Civil Code, does not expire. The resolution of the Polish Supreme Court of September 30, 2021, case file no. III CZP 37/20, is of particular importance for legal practice. As indicated by the Supreme Court, the limitation period for a claim for compensation for recovery costs, based on Article 10(1) of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly known as the Act on Payment Terms in Commercial Transactions), is set out in Article 118 of the Polish Civil Code. However, according to the resolution of the Polish Supreme Court of July 6, 2021, case file no. III CZP 34/20 – in the event of bodily injury or health disorder, the court may award the aggrieved party with an appropriate sum as a pecuniary compensation for the harm suffered (Article 445 § 1 in conjunction with Article 4491 § 1 of the Polish Civil Code). Moreover, the Polish Supreme Court stated that the aggrieved party does not bear the burden of proving what caused the dangerous nature of the product.

Keywords: the Polish Supreme Court, judicature, civil proceedings, compensation for damages, statute of limitations