Browsing by Author "Bogucki, Olgierd"
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Item DOMNIEMANIA PRAWNE W ŚWIETLE POJĘCIA CZYNNOŚCI KONWENCJONALNEJ(Wydział Prawa i Administracji UAM, 2000) Bogucki, OlgierdRemarks formulated in the article are concerning consequences (with all difficulties involved with them) of such a manner of conceiving legal presumptions according to which presumptions are characterised as being sources of the directives serving for justifying factual statements within the process o f applying the law. Such consequences are fully manifested against the background of the problem of fictitiousness of establishments o f facts. But it seems that it is possible to overcome all ensuing difficulties if we can refer to the notion of conventional action.Item NIELINGWISTYCZNA KONCEPCJA NORMY A ZAGADNIENIA WYKŁADNI PRAWA(Wydział Prawa i Administracji UAM, 2007) Bogucki, OlgierdThe paper deals with relations between a non-linguistic concept of a norm formulated by K. Opałko and J. Woleński and the issues o f interpretation of the law. An attempt has been made to answer the question how the non-linguistic concept of a norm may be modified to make it compatible with the accomplishments of the contemporary reflection on the interpretation of the law on the one hand, and have it retain its fundamental theses on the other. The main result of such modifications would be an assumption that a norm is a certain (specific) type a conventional state of affairs. These deliberations have resulted in a proposed thesis that a properly modified non-linguistic concept of a norm may be compatible with the integrated concept of the interpretation of law pursued in the Polish literature.Item Opinie ekspertów a wykładnia funkcjonalna – uwagi w kontekście zasady iura novit curia(Wydawnictwo Naukowe UAM, 2015) Bogucki, OlgierdItem TEORETYCZNE ASPEKTY ZASADY PRAWDY MATERIALNEJ W NOWYM MODELU POSTĘPOWANIA CYWILNEGO(Wydział Prawa i Administracji UAM, 2000) Bogucki, OlgierdThe article is devoted to the principle of substantial truth on the planes: theoretical and dogmatic. On theoretical plane it is concerned with the notion itself of the principle of substantial truth - its contents and foundation of its binding force. As far as dogmatic plane is concerned - the problem o f binding force o f the principle in question within civil law procedure is being discussed. Here the principle is conceived in a directive-based sense. The article presents a conception o f the principle o f substantial truth within the paradigm of judicial cognition. From this point of view the principle in question is of very much importance as a binding norm and - consequently - a directive of well-founding factual statements within the process of applying the law.Item ZINTEGROWANIE POLSKICH KONCEPCJI WYKŁADNI PRAWA(Wydział Prawa i Administracji UAM, 2009) Zieliński, Maciej; Bogucki, Olgierd; Choduń, Agnieszka; Czepita, Stanisław; Kanarek, Beata; Municzewski, AndrzejThe authors present an extremely important thesis. They claim that Polish conceptions of interpretation of law (and there are nine o f them) have led to the development of a certain ‘common good’ in Polish legal culture. This ‘common good’ consists, on the one hand, of those elements of the nine conceptions (or their methodological foundations) which are common, e.g. an assumption that the subject of interpretation is a legal text, or an assumption that a legal text has a normative character, and those other elements of those conceptions which have been sufficiently justified either in science or in the attitudes of legal interpreters, and subsequently reviewed in judicial decisions (e.g. three types of interpretation and the order in which they are applied).