Browsing by Author "Jakubek, Marek"

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    Państwowe osoby prawne (na tle zmian ustawowych po 1980 roku).
    (Wydział Prawa i Administracji UAM, 1988) Jakubek, Marek
    The article discusses different types of legal persons created by the State by virtue of statutes adopted after 1980. The author, referring to the distinctions accepted in the science of administrative law, distinguishes: 1) State legal persons of the "enterprise" type, among which — besides enterprises founded on the basis of the Act of Sept. 25, 1981 on State Enterprises — he includes State banks, post offices, State insurance companies, "Lot" and "Airports" enterprises, and research, artistic and film institutions; 2) State legal persons of the "public institution" type — schools of academic rank and the Polish Academy of Sciences; 3) organizational units of power engineering and mining industry and the Fund of Structural Changes in Industry as organizations of a specific character. Contrary to former views, the institution of a "legal person" proves to be useful in organizing diversified activity of the State. State legal persons differ in their structure and rules of activity with respect to both State organs and institutions as well as other subjects of private law.
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    „Zasady prawa" w prawie międzynarodowym
    (Wydział Prawa i Administracji UAM, 1975) Jakubek, Marek
    term "the principle of law" into the international law. Generally, we may say, that this word is used into the international law documents in three chief meanings. First one, is using "the principle of law" like a designation of the main norms of the international law documents, which are the most important and more general than the other norms. Next, we meet often documents saying that their norms are according with certain "principles of law" or that the particular principles of law are generally recognized between the nations, although this documents don't say us which principles they are. The third group contains the situations, in which the word "principle" is used in its particular, technical sense as a "norm" or "rule" of law. Other problems rise when we analyse the use of the word "principle" in the international law doctrine. We may there often meet phrases for instance "on principle" or "on the base of principle" in which is difficult to designate the right meaning of this word. Also "the principle" is used there permutably with the terms "norm", "rule", "idea" or "element". We may say that the term "principle of law" is rather an expression of lawyers and political language than the term of the written law. Various "principles of law" were declarated into the political and scientific doctrine during its long history. Than many of them took a place between the norms of the international law. The chief principles of the present international law like a peaceful coexistence or national self-determination were an universally recognized political doctrine of great international meaning in the past. Than, after sometime they were incorporated to the system of norms either in the particular international documents, or like bending norms of international custom. Therefore, when we consider the validity of various "principles of law", we must put in mind, that besides the situations in which a particular "principle of law" is at the same time a bending norm of the law system, there is a great importance of using this term into the international law concerning its medial influence in the system of norms.