https://www.um.edu.mt/library/oar/handle/123456789/107457 2026-04-04T22:40:24Z 2026-04-04T22:40:24Z Wojdała, Michał https://www.um.edu.mt/library/oar/handle/123456789/108427 2023-04-13T10:24:46Z 2021-01-01T00:00:00Z

Title: Court’s evidentiary initiative in disputes concerning business to business trading in the Polish civil procedure Authors: Wojdała, Michał Abstract: PURPOSE: The main goal of the research is to determine the conclusions concerning the court's right to admit and examine evidence ex officio, without the litigants' initiative in this respect, with particular emphasis on the type of entities which are parties to the dispute and the consequences of taking or not taking such an initiative.; DESIGN/METHODOLOGY/APPROACH: The paper focuses on the analysis of the provisions of the Code of Civil Procedure in the scope of admissibility of the civil court's evidentiary initiative, with particular consideration of the prerequisites for its application, taking into account the subjective aspects. Court decisions were analysed in this respect as well in order to determine whether undertaking the initiative of taking evidence by the court constitutes the obligation or right of the court. The issue of the consequences of both the court's taking the evidence initiative and its failure was also raised in the context of the possibility to appeal the court's decision on this ground.; FINDINGS: The results of the research indicated the need for the Supreme Court to adopt a firm resolution having the force of a legal principle dispelling these doubts. Expecting the legislator to make the provisions more precise seems groundless, as it is impossible to cover all procedural situations with a general provision.; PRACTICAL IMPLICATIONS: The results of the research indicated the need to develop a framework that could be used for evaluation of social campaigns impact on realization level of SDGs.; ORIGINALITY/VALUE: The conducted research has contributed to determining the admissibility of evidentiary initiative by civil courts in an adversarial trial, taking into account the professional character of the business activity conducted by the parties to the dispute.

2021-01-01T00:00:00Z Baranowski, Jakub https://www.um.edu.mt/library/oar/handle/123456789/108426 2026-01-09T07:39:49Z 2021-01-01T00:00:00Z

Title: Selected legal and economic consequences of the COVID-19 pandemic that impact the organization of participatory budgeting in Poland Authors: Baranowski, Jakub Abstract: PURPOSE: The purpose of this article is to demonstrate the consequences of the global COVID-19 pandemic that impact the operation and organization of one of the most important participatory processes in Poland—participatory budgeting.; DESIGN/METHODOLOGY/APPROACH: The article discusses selected legal and economic consequences of holding participatory budgeting during the COVID-19 pandemic and at the same time identifies postulates for the future.; FINDINGS: The article has proven that the largest Polish cities, where participatory budgeting is obligatory, did not experience economic consequences of the COVID-19 pandemic. On the contrary, in a municipality where this obligation did not apply, the authorities decided to suspend the procedure and allocate the funds to other, more important public purposes.; PRACTICAL IMPLICATIONS: The result of the analysis shows that Polish participatory budgetingrelated legislation is not ready for unforeseeable, emergency crisis situations. The inflexibility of legal regulations magnified by social concerns for the consequences of the pandemic and also uncertainty as to economic effects of such situations unequivocally show that provisions for extraordinary situations must be introduced.; ORIGINALITY/VALUE: This research is the author’s original study.

2021-01-01T00:00:00Z Woźna-Burdziak, Weronika https://www.um.edu.mt/library/oar/handle/123456789/108425 2023-04-13T10:21:09Z 2021-01-01T00:00:00Z

Title: A practical analysis of comparative advertising Authors: Woźna-Burdziak, Weronika Abstract: PURPOSE: The aim of this study is to present the subject matter of comparative advertising by trying to specify its legal boundaries.; DESIGN/METHODOLOGY/APPROACH: The purpose is achieved by an analysis of legal regulations as well as views of legal scholars and commentators and the established line of judicial decisions. Additionally, the article presents numerous examples of comparative advertising and investigates them in the context of compliance with regulations in force and their impact on a broadly understood competition law. Moreover, to complete the investigation, a research problem is formulated in the form of facts gathered by the author, which are then examined in the light of regulations pertaining to comparative advertising.; FINDINGS: Lawful comparative advertising may unquestionably contribute to the development of competition and at the same time it may have a positive effect on consumers by making on their behalf comparisons of goods/services offered on the market. It needs to be remembered that unlawful comparative advertising may lead to a serious distortion in competition at the level of a given country or the entire EU market.; PRACTICAL SOLUTIONS: An analysis of regulations on comparative advertising, combined with the discussion of the example presented in the study may contribute to increasing social awareness of the positive and adverse effects of comparative advertising’s impact on consumers and competition.; ORIGINALITY/VALUE: The research has helped to narrow the scientific lacuna in the field of consumers’ perception of comparative advertising combined with regulations in force.

2021-01-01T00:00:00Z Pacholski, Bartosz https://www.um.edu.mt/library/oar/handle/123456789/108424 2023-04-13T10:19:03Z 2021-01-01T00:00:00Z

Title: Rights of homeless persons in the universal system of protection of human rights Authors: Pacholski, Bartosz Abstract: PURPOSE: There is no doubt that homelessness is one of the greatest problems of the 21st century that has contributed to the deepening of social inequalities and discrimination, making extensive groups of people without a place to live vulnerable to being unable to exercise fundamental rights and freedoms. The aim of the paper is to answer the following research question—are rights of homeless persons protected under the universal system of human rights?; DESIGN/METHODOLOGY/APPROACH: Basic research methods used in this study include the analytical method with a particular focus on the work of the Committee on Economic, Social and Cultural Rights. Additionally, the method of interpretation of norms of applicable law will also be used and aided by the statistical method.; FINDINGS: The research results have confirmed that the public international law analyses include regulations that refer to the protection of homeless persons under the universal system. It is necessary for states to increase funds allocated to fight the adverse consequences of a lack of a place to live, and international organizations (most of all the UN and its specialized agencies) should play a special role in coordinating such tasks.; PRACTICAL IMPLICATIONS: The research presented in the paper is particularly important for the protection of fundamental human rights and as a result it specifies possible further support for persons in the homelessness crisis and new directions of development of relevant policies of states and international organizations, which has a crucial practical relevance.; ORIGINALITY/VALUE: The research will allow a look at the international system of protection of human rights from the perspective of homeless persons, pointing to the scope of rights they are afforded and the possibility to exercise them.

2021-01-01T00:00:00Z