Edited by: Stanislaw J. Frankowski
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During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities.
With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:
principles and practices of constitutional law; administrative law and procedure;civil procedure;courts and special judicial bodies; judicial review;enforcement of foreign judgments; family, succession and inheritance matters;formation and conduct of corporations and partnerships;
contract formation, interpretation and termination; environmental protection;
harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure.
Each chapter includes its own detailed bibliography.
English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.
Preface,List of Abbreviations, Introduction
1. Constitutional Law (Lech
Garlick) I. Introduction II. The Principles of the Political
System III. Individual Rights and Freedoms IV. The Legislative
Power V. The Executive Power: The President of the Republic VI.
The Executive Power: The Council of Ministers, Central Government
Administration and Local Self-Government VII. Concluding Observations
2. Civil Law (Law of Contracts, Property and Obligations) (Adam
Brzozowski) I. Introduction II. General Provisions of the
1964 Code, Including the Law on Contracts III. Law of Property IV.
Law of Obligations V. Concluding Observations
3. Family and Succession Law (Elzbieta
Skowronska-Bocian) Part One: Family Law I. The Evolution of
Polish Family Law II. Basic Concepts and Principles of Family Law
III. Marriage IV. The Parent-Child Relationship V. Adoption
VI. Support Duty Part Two: The Law of Succession I. General
Principles II. Testamentary Succession III. Statutory Succession
(Arts. 931-938 of the CC) IV. The Legal Status of Heirs V.
4. Civil Procedure (Tadeusz Erecinski)
I. Introduction II. Fundamental Principles of Civil III. The
Composition and Jurisdiction of Courts IV. Parties to Proceedings,
Legal Representatives and Costs of Proceedings V. Types of Civil Suits
VI. Law on Evidence in Civil Cases VII. Appellate Measures VIII.
Enforcement of Civil Judgments IX. Jurisdiction of Polish Courts and
Enforcement of Foreign Judgments in Poland X. Concluding Remarks
5. Administrative Law (Jacek Jagielski) I.
Introduction II. Main Issues and Developmental Trends of Contemporary
Administrative Law III. The System of Public Administration IV.
Functioning of Public Administration V. Concluding Remarks
6. Economic Law (Cezary
Banasinski, Remigiusz Kaszubski,Miroslaw Wyrzykowski) I.
Introduction II. Constitutional Foundations of the Economy III.
Commencing and Conducting Economic Activity IV. Regulatory Framework of
Market Processes V. The Role of the State and Local Self-Government in
the Economy VI. Concluding Remarks
7. Commercial Law (Dr. Lukasz Gasinski, Artur Nowacki,Jozef Okolski)
I. Introduction II. Commercial Activities III. Companies
Law IV. Capital Companies (Corporations) V. Law on Cooperatives
VI. Bankruptcy Law VII. The Law on Public Trading in Securities
VIII. The Bonds Act IX. The Ordinances on the Bills of Exchange and
the Checks X. Concluding Observations
8. Labor Law (Ludwik Florek) I.
Introduction II. Individual Labor Law III. Collective Labor Law
IV. Concluding Observations 9. Intellectual Property
(Jan Bleszynski) Part one: Copyright Act I. Introduction
II. The Current Copyright Law III. Related Rights Part two
Basic Principles of the Industrial Property Act IV. Concluding Remarks
10. Criminal Law (Stanislaw Frankowski) I.
Historical Background II. The Penal Code of Democratic Poland III.
Concluding Remarks 11. Criminal Procedure (Andrzej Murzynowski)
I. Historical Background II. Preparation of the 1997 Code and Its
Subsequent Amendments III. The Current Shape of the Code IV.
Concluding Observations, Selected Bibliography