Adam Mickiewicz University Law Review, vol. 2, 2013
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- ItemCharakter prawny i materialnoprawne konsekwencje wpisu w dziale I-O księgi wieczystej(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Kucharczuk, IvoThe article deals with the controversies concerning the legal nature of the records in section ‘I- Identification of real estate’ in the mortgage register, which implicitly determine the reach of the rights disclosed in other sections, and may be of importance for both the legal presumptions pertaining to these rights and the principle of public credibility of the register. Having discussed the administrative regulation of the land and building register as well as procedural mechanisms for making records in section I of the mortgage register, the author continues to analyze the view of the doctrine on the legal importance of factual data in this section, divided according to their effect on the principle of public credibility and legal presumptions of the mortgage register
- ItemUmowa o korzystanie z gruntu celem budowy i eksploatacji instalacji OZE – wybrane aspekty prawne(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Jóźwiak, JakubThe paper presents an analysis of the legal nature of an agreement on the use of land for the construction and operation of renewable energy installations, especially wind farms. In particular, it focuses on the legal significance of the Supreme Court judgment of 5 October 2012 (IV CSK 244/12), which ruled that such an agreement cannot be regarded as a lease. The author seeks to identify the possible practical consequences of this judgment and propose legislative measures to ensure the sustainability of such agreements, and thus the investments which go with them as well as to analyze the legal term fructus in the civil law in the context of this judgment.
- ItemProblem tzw. legalnej bigamii w II RP w świetle spraw małżeńskich toczonych przed Sądem Okręgowym w Poznaniu(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013) Paciorkowski, SzymonThe purpose of the paper is to present the problem of so-called “legal bigamy” in the light of the rulings of the District Court in Poznan. The marriage law regulations in The Second Polish Republic were completely different in various parts of the country and attempts to unify them failed. This situation caused significant problems: for example, many civil courts refused to recognize some of the divorce judgments issued by church courts in the former Russian partition because of their improper jurisdiction. The paper focuses on two matrimonial cases that were ruled upon by the District Court in Poznan. In both cases the District Court in Poznan was to decide whether divorce judgments issued by the church court of the Polish Orthodox Church in Warsaw were also binding in the former Prussian district.
- ItemLes recettes de cuisine françaises peuvent-elles être protégées juridiquement?(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Fringans, ThimothéeThe study aims at an analysis of legal protection of French culinary recipes. While the French-style gastronomic meal has been listed in the Cultural Immaterial World Heritage of UNESCO, the situation of the recipes in French law can be regarded as a matter of great importance. The presented study aims at examining the problem of whether the French legal rules for intellectual property protect recipes and culinary creations and are focused on the author’s copyright to the recipes. Patents, industrial designs or trademarks are not suited to providing culinary recipe protection. The secrets and know-how seem to be protected but only after the fact. As for the author’s rights, the recipe is merely treated as a work of literature.
- ItemÀ propos de la liberté de navigation sur les fleuves internationaux: L’Affaire de l’Oder devant la Cour permanente de Justice internationale(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2013-06) Gadkowski, AndrzejThe aim of the article is to present the issue of the freedom of navigation on international rivers in the context of the Oder case brought before the Permanent Court of International Justice in 1929 – a case of utmost importance for the development of the law of international watercourses and contemporary international law applicable to water resources. The author analyses the provisions of the Treaty of Versailles which declared the Oder to be an international river and put it under the jurisdiction of an international commission. The territorial jurisdiction of the International Commission of the River Oder was disputed between Poland and Germany, leading to the aforementioned proceedings before the PCIJ. The author presents the arguments put forward by both parties, the legal context of the case – in particular the provisions of the Treaty of Versailles and of the Barcelona Convention – and analyses the Court’s judgment. An analysis of the judgment is carried out, having recourse to the main concepts of the law of international watercourses.