judiciary

For the freedom of art, freedom of law and freedom to err

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Art cannot exist without freedom. And where freedom exists, art experiments must be allowed – experiments more or less in line with expectations and what viewers of art are accustomed to. There must be an acceptance of searching, allowing not only for wandering the “dirt track” where nobody has ever seen art, along with scandals where art has long been present. However, everything has its limits. Even the freedom of art. For art, these flexible limits set out the aesthetic canons of the era and the boundaries of law. The aesthetic canons protect the sensitivity of art viewers, while the law protects other values, recognised by the law as more important than the freedom of creativity. If these canons and values are breached by art, then the boundaries within which it is allowed are described by law and set out by the courts of law.

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Posted on by ACUS in General Issues

Representation of a foreign company acting through its branch in Poland

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The Polish legal system allows foreign companies to conduct their business activity in Poland both directly (to a limited extent), as well as through a branch (oddział) and representative office (przedstawicielstwo). A branch is considered to be an organisational structure (without its own legal capacity or personality) providing a framework for doing business in the full range for that company, whereas a representative office can only carry out advertising and promotional activities.

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Posted on by Mateusz Grochowski in Company Law

Reopening civil proceedings as a result of a judgment of the European Court of Human Rights

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The Polish Code of Civil Procedure does not provide for the effects of judgments of the European Court of Human Rights (ECHR) on pending or final cases examined by Polish courts. Therefore, the question whether a judgment of the ECHR stating an infringement of Article 6 sec. 1 of the European Convention on Human Rights should lead to the reopening of civil proceedings is a contentious and hotly debated topic in Polish legal literature. This issue has also been addressed by the Polish Supreme Court on several occasions, most notably by a panel of seven judges in a judgment of 30 November 2010, III CZP 16/10.

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Posted on by Agnieszka Gołąb in Civil Procedure

Let’s start!

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We hope that our internet site – on private law in Poland – is the start of something big ahead. So why now, why about civil law, and why in English?

The contemporary legal discourse does not need only “thick books”, but requires also more flexible ways of informing about legal concerns – like blogs and internet websites. They alter the paradigm of exchanging legal information, departing from the traditional, solely analytic discourse, into more diverse ways, responding to newly-arising needs. Read more

Posted on by Ewa Łętowska in General Issues