http://hdl.handle.net/11320/15335 Mon, 01 Jun 2026 17:22:54 GMT 2026-06-01T17:22:54Z http://hdl.handle.net/11320/15375 Tytuł: Selected Aspects of Testaments Made by Elderly People in Chilean and Polish Law Autorzy: Balwicka-Szczyrba, Małgorzata; Zamorano, Marcelo B.; Kurowski, Witold Abstrakt: The subject of this study is an analysis of the Chilean and Polish legal orders in terms of ensuring the correctness (and thus the validity and effectiveness) of making a will, with particular emphasis on the legal situation of elderly people with old-age dysfunctions. This issue has an important social dimension in the face of the global ageing trend and age-related progressive senile dementia. Showing the legal solutions regarding testamentary inheritance in Chilean law, as a law based on the Roman tradition, as well as the positions of jurisprudence, has not only a cognitive value. It should be assumed that the analysis of both legal orders will allow for the formulation of conclusions regarding the applicable legal regulations in the field of inheritance law in relation to the phenomenon of ageing societies on a global scale. This article also provides a comment on the law applicable to the capacity to make a will in Chilean and Polish law. Similarity between regulations pertaining to the capacity to make a will in Chilean and Polish law does not eliminate the obligation to determine the law applicable in this regard. Sun, 01 Jan 2023 00:00:00 GMT http://hdl.handle.net/11320/15375 2023-01-01T00:00:00Z http://hdl.handle.net/11320/15368 Tytuł: Śmierć niewypłacalnego przedsiębiorcy a regulacje prawa upadłościowego Autorzy: Cybulska-Bienioszek, Agnieszka; J. Witosz, Aleksander Abstrakt: This study aims to identify and analyse the specific regulations of the Bankruptcy Law to the extent that they relate to the death of an insolvent debtor. The authors attempt to determine the correct interpretation de lege lata, and where it is justified, draw conclusions de lege ferenda. Due to the fact that regulations must be interpreted together with the provisions of inheritance law and other regulations, their correct interpretation may be difficult. This study contains an analysis of three possible cases: when death occurred after the filing of a bankruptcy petition, during the course of bankruptcy proceedings, but also on the brink of bankruptcy before the petition was filed by an authorized person. In the event of death after filing for bankruptcy or after its declaration, the problem is essentially of a procedural nature and is generally resolved by identifying the persons participating in the proceedings (usually a trustee). On the other hand, in the event of the death of an insolvent entrepreneur before they file for bankruptcy, the Bankruptcy Law provides for a separate procedure. At the same time, it seems that due to the distinctness of this situation, the introduction of a different, specific definition of insolvency is justified, which the authors present in this study. Sun, 01 Jan 2023 00:00:00 GMT http://hdl.handle.net/11320/15368 2023-01-01T00:00:00Z http://hdl.handle.net/11320/15366 Tytuł: Kara śmierci i uprawnienie judicial override w prawie stanu Alabama Autorzy: Kraśnicka, Izabela Abstrakt: On 17 November 2022 in Alabama, the death penalty by poison injection was scheduled to be executed on Kenneth Smith. His case is a disturbing example of the use of judicial power (known as ‘judicial override’) in the state law of Alabama that allowed the judge, at the time of the verdict in 1996, to overturn the jury’s decision recommending the choice of life imprisonment without parole instead of the death penalty, and thus give a final death sentence. The article presented here first provides a general analysis of the provisions of the federal constitution, relevant case law and federal legislation on the death penalty, and then presents an overview of state solutions to the death penalty. The key parts of the text deal with the institution of ‘judicial override’: its genesis and practice in the state of Alabama, and the application of the relevant legislation to the Kenneth Smith case. It argues that mechanisms such as ‘judicial override’ and their consequences strengthen the narrative of those arguing against the death penalty in the social and political debate. Sun, 01 Jan 2023 00:00:00 GMT http://hdl.handle.net/11320/15366 2023-01-01T00:00:00Z http://hdl.handle.net/11320/15356 Tytuł: Pytanie o spójność aksjologiczną polskiego prawa karnego w zakresie odpowiedzialności za śmierć człowieka Autorzy: Sitarz, Olga Abstrakt: This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent with the axiology of the entire legal system in that area. First, the author presents the significance of axiological consistency and – based on the Constitutional provisions, rulings of the Constitutional Tribunal and arguments of representatives of the doctrine – decodes the basic assumptions relating to the protection of human life. Further, by means of an examination of the provisions of the Criminal Code and the law on infertility treatment, the author diagnoses a state of complete axiological inconsistency in the area of a criminal law response to causing death, pointing to the causes of that state of affairs. The significance of axiological consistency indicated at the outset (on numerous levels) does not let one ignore that conclusion. Sun, 01 Jan 2023 00:00:00 GMT http://hdl.handle.net/11320/15356 2023-01-01T00:00:00Z