No. 5Law & Social Bonds Nr 5 (52) 2024

The issue of cooperative insolvency in Poland is relatively insignificant in terms of the number of debtors involved in these proceedings in recent years. Nevertheless, the insolvency of a cooperative evokes considerably stronger emotions in a somewhat different manner than in the case of a company. This is due, in part, to the special social role that is still attributed to cooperatives in the common opinion. Since 1920, the insolvency of cooperatives has been characterised by a certain degree of autonomy. The paper highlights the necessity to consider the specific symptoms of a financial crisis that are characteristic of entities engaged in professional business activities, despite the autonomy of cooperative insolvency. It is incumbent upon the competent management board in a cooperative to be aware of the consequences of such a crisis and the risk of personal civil and financial liability for failure to take action, which burdens its members in such a situation.

Management by competence is an effective human resource management strategy that enables organizations to maximize the potential of their employees and achieve strategic goals. By identifying, developing, and appropriately utilizing competencies, organizations can increase their efficiency, employee motivation, and ability to adapt in a dynamic business environment.

The author aimed to identify the main motives of foreign direct investment inflows and correlate them with the national system of their support. The paper included a classification of forms of legal, economic and institutional support for investors. The consideration was aimed at indicating the role of local government units in servicing entrepreneurs, considering Poland as an investment destination.

This paper is dedicated to the examination of selected sections of the Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024, which establishes harmonised provisions on artificial intelligence. The fragments selected for analysis refer to a widely unknown legal institution, the so-called regulatory sandboxes. In accordance with the recommendations of the EU Commission, these institutions should be established on a large scale to test artificial intelligence in every area of the economy. The advantage of such testing may be the ability to verify all economic strategies safely. Furthermore, they can be initiated automatically and from the lowest level. Above all, however, they can prevent all types of irregularities and sometimes complex legal problems, which is an improvement in the current situation. A notable benefit of this study is that it was conducted using the most recent version of the regulation, Regulation (EU) 2024/1689 of the European Parliament and of the Council, published on 13 July 2024.

The paper indicates the basic tasks of local government units in the health care field, with particular emphasis on the obligation to ensure the supply of medicinal products to the population in light of the amendment of Article 94 of Pr.Farm. While it is true that the amendments have clarified the method of financing on-call pharmacies, they do not entirely solve the problem of determining the work schedule of public pharmacies located in a county, which should be adapted to the needs of the population of that county and allow pharmacies to carry out the tasks specified in Article 87(2).

The „secondary search” mechanism in a social community can be viewed as a symptom of the institution’s underlying pathology. It is a process whereby a problem arises or represents a threat to the opponent, while considering their accountability for various failures, difficulties or challenges facing the community. In order to gain access to scientific research, the extension of the „available search” is presented in two approaches. The first of these is analysed from a macrosocial point of view. This is an essential scientific presentation by Aaron Wildavsky, in which it is argued that the „enemy of effects” has full mobilisation effects. These effects help collective reactions to the perception of a threat. Furthermore, it is proposed that the „external enemy” can be caused by the cause of radical reforms. The second perspective is that of microsocial analysis, which is of great significance in a number of scientific fields. This includes the work of Muzafer Sherif, Vamik D. Volkan, Henri Tajfel and John C. Turner, Ervin Staub and Nick Haslam, who have demonstrated that the focus of the community on „searching for recipients” can mobilise them to achieve the goal. However, this is caused by issues and failures that have the potential to impede the development of the community, leading to stagnation or even regression.

Various socio-economic changes in recent years are one of the many reasons for the weakening of social bonds. It resulted in a risk of social exclusion for some groups of people. To prevent these threats, the Polish legal system is a division system that applies the principles of „work instead of benefits” to support people at risk of exclusion. Some of these units are managed by organizations affiliated with the Catholic Church and thus try to help in times of need. This paper is intended to discuss this very issue.

The autonomy of higher education institutions is one of the cornerstones of the higher education system. It is an important element that guarantees freedom in conducting scientific research, teaching and shaping educational programs, and managing educational institutions. In Poland, the autonomy of higher education institutions is guaranteed by constitutional and statutory rank regulations, which underscores its importance for the functioning of the academic sector. However, judicial jurisprudence plays a crucial role in defining the limits and scope of the autonomy of higher education institutions. This paper aims to analyze selected aspects of the autonomy of higher education institutions in Poland in light of judicial case law. The dimensions of the autonomy of higher education institutions in teaching, learning, and freedom of research, as well as legal, organizational, and financial, will be approached.

The involvement of convicted individuals in social cooperatives can be viewed from two distinct perspectives, depending on the punishment imposed on the offender. This involvement may manifest as a form of non-remunerated, supervised work aimed at social causes, facilitated through the operations of a social cooperative. Alternatively, it can be seen as employment within the cooperative for individuals serving prison sentences. Social cooperatives play a crucial role in rehabilitating convicted individuals, serving as a vehicle through which the justice system fulfills its educational mandate under criminal law. This function aims to reintegrate sentenced individuals into society. Collaboration between the justice system and social cooperatives channels offenders’ efforts toward fulfilling their sentence through supervised work for social benefit. It provides those serving prison terms opportunities for social reintegration through paid employment within these cooperatives.

The article presents an attempt to address the emerging phenomenon of the new face of cooperatives, which energy cooperatives undoubtedly represent. The Polish-German comparative context has been used for this purpose, also taking into account the need for an energy transition along the lines of the German Energiewende in Poland. In order to reach the necessary conclusions and to facilitate the reader’s comprehension, the work is largely composed of elements of a definitional, historical or statistical nature.. The remarks made refer both to the processes of creation, application and interpretation of the law in the strictly defined area related to energy cooperatives. In conclusion, the author posits that energy cooperatives may play a pivotal role in the Polish transformation process, delineating specific conditions based on the presented argumentation.

Cryptoassets, commonly known as cryptocurrencies, are a tangible element of blockchain technology. They can also be an excellent form of alternative investing and constitute an alternative to the debt-based financial system. In addition to full ownership, obtained thanks to decentralization and the ease of sending it to anyone in the world, they also offer great earning opportunities, including tax optimization. A high level of freedom also comes with a high degree of risk and numerous dangers. It is a young market, so it has been regulated little so far. The change occurred after introducing Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on crypto-asset markets. Its provisions, in addition to providing the market with a certain definitional and legal framework, constitute a serious obstacle to entities that would like to enter this market as an entity providing professional services using blockchain technology. In addition to the above-mentioned legal act, the draft act on cryptoassets, intended to fill the gap directly in the Polish legal order, will also be analyzed. It has numerous drawbacks, such as excessive fees and the introduction of serious criminal sanctions. On the one hand, it improves the security of trading for technology consumers, and on the other hand, it radically increases the requirements for entities wanting to provide professional services.

The current economic model operating in Poland is a market economy. Like any type of state’s behaviour towards the economy, it has advantages and disadvantages. Its disadvantage is the phenomenon of exclusion of a particular, not insignificant part of society – such as addicts, the long-term unemployed, or people with disabilities. It is causing structural unemployment in entire areas. In turn, it contributes to the accumulation of negative moods, tensions, conflicts, and polarization in society. Previous actions the legislator took to offset these negative effects, especially the numerous attempts to reintegrate socially excluded people into the labour market, have not yielded satisfactory results. The answer to these problems may be the development of social entrepreneurship, i.e. social cooperatives. Thus, it is worth considering whether it is possible for social cooperatives to simultaneously carry out their social missions so that, at the same time, they make more and more profit and thus achieve further business goals.

The procedural position of the consortium members is a complex issue that must be considered separately from the capacity to be sued and the right to sue. In the first case, the liability of the consortium members as debtors in any situation gives rise to their ordinary substantive joint participation in civil proceedings. In the second case, their situation depends on the nature of the consortium agreement and whether the agreement concluded with the investor contains provisions concerning his liability towards the consortium members. If the consortium is a civil partnership, all members of the consortium have a joint right to sue in order to enforce a claim included in the joint property of the partnership, and from the moment of the dissolution of the partnership, each member of the consortium has the right to sue in respect of its fractional share (Article 875 § 1 of the Civil Code). If the consortium doesn't constitute a civil law partnership, the procedural situation of the consortium members depends on whether the service provided by the client (investor) is of a divisible or indivisible nature by its nature or by the will of the parties, or whether the parties include a provision on the solidarity (joint and several obligations) of the creditors in the public contract.

The subject of this paper is to present various property interests that may occur in a housing community. These are common interest (of the housing community), interest (individual) of the owner of the premises and group interest (common to several, but not all owners). The aim of the study is to explain how to distinguish common interest from group interest and how implementing the latter may lead to the violation of individual interest.

The paper discusses the peculiarities of real estate transactions regarding the functioning of civil law transactions of the new institution of housing cooperatives. As part of the inspiration of the regulation, attention was paid to the historical reference to analogous solutions functioning both abroad (especially in the field of the so-called Antigonish movement) and solutions functioning in Poland (including Kooperatywa Mieszkaniowa Pomorze or Wrocławska Kooperatywa Mieszkaniowa). Because of the signaled problem of naming and its translation into foreign languages, the concept of using the term community housing (co-housing). The divergence of the institution with the solutions operating within the framework of cooperative law was emphasized, where the only link between the two solutions is the possibility of transferring rights and obligations to the newly established housing cooperative.

The paper’s purpose is to highlight some selected legal aspects related to the issue of the inheritance of funds deposited in a bank account, with particular emphasis on the banks’ obligations in the event of the death of the bank account holder. Attention will be paid to the situation where the testator did not leave any instructions on the funds' fate, particularly in so-called „dormant” accounts. The discussion will be complemented by an indication of the legal solutions allowing the account holder to submit an instruction in the event of death with regard to the funds deposited in the bank account and the related information obligations of the bank, as well as the possibility of drawing up a legacy by vindication whose object is the funds.

This paper aims to analyze the role and competencies of the Polish Financial Supervision Authority in the supervision of the capital market, including the nature and type of sanctions applied by it, as well as to examine whether the model of judicial, administrative control of the Polish Financial Supervision Authority’s decisions regarding the application of sanctions adopted by the legislator guarantees the supervised entities an appropriate standard of protection of their rights. The conclusions from these analyses will then be used to formulate de lege ferenda postulates on the discussed topic.

The paper presents an anlysis of international standards regarding the right to housing. In particular, the provisions of the International Covenant on Economic, Social and Cultural Rights and the European Social Charter/Revised European Social Charter were analysed. The analysis demonstrated that the bodies responsible for monitoring the implementation of these international agreements have established comprehensive and generally consistent standards regarding the right to housing. These include, inter alia, the determination of the adequacy of housing, the issue of the protection of marginalised groups and protection against evictions. It is also imperative to guarantee the availability of suitable procedural safeguards and facilitate access to legal recourse.

The purpose of the paper is to present the mechanism that functioned in the past and the latest international mechanism providing compensation for lost property – the Registry of Damages for Ukraine. The provision of individual reparations for violations of the right to property (which is, after all, classified as a second-generation human right) in the form of the restoration of apartments and houses, and the prioritisation of these properties during the adjudication stage of compensation proceedings, illustrates the significance that the international community attaches to the right to housing. The realisation of this right could form part of the restoration of the post-war order.

The Constitution of the Republic of Poland of 2 April 1997 does not explicitly formulate the content of the right to housing. However, it emphasises that public authorities pursue a policy conducive to satisfying the housing needs of citizens, in particular by combating homelessness, supporting the development of social housing and supporting citizens' actions aimed at obtaining their own dwelling (Article 75(1)). This raises the fundamental question of what is meant by the concept of the „right to housing” – whether it has an independent (separate) character or whether it is conjugated (resultant) understood as providing dedicated protection, the activation of which only materialises when the minimum subsistence of the individual and his/her immediate family members is threatened.

The concept of a „right to housing” is becoming increasingly prevalent in public discourse. Nevertheless, from a legal standpoint, such a right has yet to be enshrined in legislation. It does not mean, however, that the legislature does not recognize housing problems. The 1997 Constitution of the Republic of Poland contains a number of provisions collectively described as housing rights. The purpose of this paper is to present them and to indicate possible ways of implementation in legislation and jurisprudence. This paper analyze the protection of property and other property rights, the protection of tenants and hirers, the inviolability of the home, policies conducive to satisfying the housing needs of citizens, as well as the possibility of pro-constitutional interpretation of the provisions relating to this issue.

Homelessness in the social context is an extremely complex phenomenon that a single universal definition cannot describe, nor can it be solved by a single form of assistance provided to the homeless. Therefore, it is necessary to develop new instruments to help the homeless, which will enable them to leave the state of homelessness by teaching them to live independently or supporting them in their daily functioning. The paper’s subject is the analysis of legal aspects related to social welfare for the homeless through training and assisted housing. A comparison will also be made between the indicated forms of assistance for the homeless and the support provided to them in temporary shelter facilities such as shelters for the homeless, night shelters and heating facilities.

The European Convention for the Protection of Human Rights and Fundamental Freedoms does not provide for social rights and does not prescribe social policies. However, the protection of rights relating to the satisfaction of housing needs is of interest to the Court on the basis of the provisions of the Convention, in particular Articles 8 and 6 and Article 1 of Protocol 1 and Article 2 of Protocol 4. From the Court’s decisions, it is possible to reconstruct the legal framework of the obligations of States in respecting and protecting the right to housing under the European human rights protection system. As an analysis of the case law shows, these obligations are predominantly procedural. The treatment of the protection of the right to housing in horizontal relations and the catalogue of goods recognised by the Court as legitimate aims to limit housing rights also deserve special attention.

The political changes that took place after 1989 gave hope to many citizens for regaining their lost property, both that related to the post-war change of the state's eastern border and taking over property without compensation. And although the issue of re-privatization was present in the political discourse, it caused so much controversy that, despite the legislative initiatives undertaken, it was not comprehensively regulated. The paper presents drafts of reprivatization laws on which the Senate of the 1st term of office and the Contract Sejm worked. It presents the parliamentary discussion surrounding the issue of reprivatization and the most important problems that caused the work on all the acts submitted in the Sejm of the 10th term to fail.

The right of retention is a construction that has become extremely popular recently, especially in Swiss franc loan disputes. However, a closer analysis leads to the conclusion that this construction raises several difficulties in interpretation. Particular doubts are raised by the assessment of whether a loan contract is a mutual contract because only in the event of invalidity of the contract is it permissible to invoke the right of retention. Another unclear issue concerns whether the right of retention can protect a claim that is not due. The possibility of invoking the right of retention when the entitled party is also entitled to the objection of set-off raises great doubts. Finally, it is necessary to clarify whether the possibility of submitting a declaration of exercising the right of retention does not violate the protection of the consumer resulting from the provisions on unfair contractual provisions.

Particularly protected employees are extremely vulnerable to termination of employment relationships. Therefore, it is essential to grant them a broader guarantee of employment in the provisions of substantive and procedural labor laws. The court’s reference to the clause of the principles of social coexistence, especially in relation to these employees, should be applied extremely carefully, taking into account all the circumstances of a particular case and the so-called „clean hands” rule rooted in tradition. On the other hand, the introduction of Article 755⁵ of the Code of Civil Procedure into the procedural law system in the form of security for the claims of a particularly protected employee by obliging the employer to employ him until the judgement is valid raised the question of the very limited scope of the court’s competence in the case of obligatory nature of its ruling. Against the background of this new regulation, the problem of the shape of the employment relationship, the possibility of modifying it and the related consequences in terms of the rights and obligations of the employee and the employer also arose.

The normative solutions that have been legally binding for almost sixty years with regard to the legal status of persons with mental or psychological disabilities are considered to be outdated and do not meet the standards set out by international law. The institution of incapacitation is particularly the subject of criticism in the present era. The dynamic development of the concept of human rights, coupled with a shift in perspective on the matter of individuals with mental or psychological disabilities, has given rise to a pressing need for a contemporary examination of the institution of incapacitation. In this context, the relevant normative solutions included in Polish law are not acceptable since they are based on an outdated model of deprivation or restriction of legal capacity of persons with mental or psychological disabilities, who are excluded from self-reliant legal transactions. An individualised approach to disabled persons, which respects their freedom and autonomy, enables the model of substituted decision-making to be excluded as a rule.

This paper aims to show, in a synthetic manner, the development of EU climate protection law and scientific research directions in this field. The research aims to seek answers to the questions of what basic legislative trends are noticeable in EU climate protection law, which directions of scientific research in climate protection law have been most extensively developed, and which require further development. The basic trends identified within climate protection law development have influenced the directions (areas) of research undertaken by representatives of legal doctrine. Moreover, the identified trends in the development of this area of law set legal doctrines for several research challenges relevant to the need to ensure the effectiveness of EU climate protection law and to further develop („mature”) the science of law in this area. The contribution to this study is to stimulate reflection on the need to precisely intensify this kind of research.

On January 3, 2022, the Act of September 17, 2021 (Journal of Laws 2021.1986) amending the Construction Law and the Act on Planning and Spatial Development came into force. This Act introduced modifications in determining building conditions and the location of public purpose investments. Among other changes, an amendment was made to Article 61 of the Act of March 27, 2003, on Planning and Spatial Development by adding section 5a. This led to uncertainties regarding the practical administrative interpretation of the term „front of the area”, which width determines the size of the designated analysis area of the function and features of the development and land use. This issue – still relevant (since although the legislator has passed another amendment to Article 61, it will not come into force until January 1, 2026) – will be addressed in this paper.

The paper discusses various threats that are an integral part of the daily lives of humans and all other living organisms worldwide. Despite numerous attempts and regulations introduced to protect the environment and ensure safety, achieving stability in this area remains elusive. The natural environment is continuously exposed to various threats, just as ecological security is at risk. In a synthetic approach, the author addresses these issues and attempts to answer the question: how does environmental crime affect the ecological security of Poland? Unfortunately, this type of crime has a very negative impact on ecological security, which is not encouraging. From the analysis of available literature and statistical data, the following conclusion can be drawn. To effectively combat environmental crime in Poland, actions should be taken to strengthen law enforcement, increase the powers of law enforcement agencies, promote cross-sectoral cooperation, and raise public awareness about environmental protection. Additionally, it is necessary to enhance international cooperation to combat transboundary environmental crime.

Contemporary medical practice is not only a medical issue but also a legal and philosophical one. The medical self-government plays a crucial role in regulating medical practice. This paper analyzes the role of medical self-government from the perspectives of law and the philosophy of medicine. The professional autonomy of physicians is a key element of medical practice, influencing the quality of healthcare and societal trust in the medical profession. This paper examines how the professional autonomy of physicians is shaped and what role the professional self-government plays in maintaining this autonomy, taking into account legal and philosophical aspects.

For the purposes of this paper, the author analyzed the implementation by local governments of tasks delegated to government administration and how they are financed from the state budget. The inadequate level of funds provided by governors for the implementation of tasks delegated to local governments in the field of government administration was demonstrated. The author referred to the jurisprudence in which local governments have complained to representatives of the state budget in the subject area. The conclusion of the following paper is to propose changes both in the context of inadequate financing of tasks as well as to adjust the legislation in the field of interest earned by local governments for temporarily holding in bank accounts funds from the state budget, which is intended for the implementation of tasks delegated to government administration.

The positive aspects of the use of electronic means of communication in administration, public and private services, on the one hand, and the potential threats to cyber security, on the other hand, lead to the assumption that the development of a specific digital security strategy is as necessary as the efficiency and effectiveness of e-actions. First of all, an important element of protection is to ensure the safe use of the Internet by minors. The aim of the article is to characterize the type of dangers that minors are exposed to when using the network. Administrative and penal measures that allow for the effective protection of minors in cyberspace are presented. The paper provides answers to the questions which aspects should be given special attention in the case of protection of children against electronic threats, in the context of personal data security and protection against e-pedophilia. The conducted research will allow to verify the research hypothesis, according to which the protection of underage Internet users cannot be limited only to parental control of content processed by minors on the Internet, but should be subject to special protection of the Polish legislator, public authorities and qualified institutions.

The issue of a military order under the provisions of international criminal law raises many interpretation doubts. On the occasion of Russia’s invasion of Ukraine, it seems to be particularly relevant. It will probably be of interest to the International Criminal Court when it comes to judging the individual perpetrators of the incident. The paper presents the evolution of the military order from the time of the International Military Tribunal in Nuremberg to the regulations in force in the Rome Statute of the International Criminal Court. However, special attention was paid to the provisions contained in the statute of the International Criminal Tribunal for the former Yugoslavia. It was the first international court to deal with this issue since the times of Nuremberg. Its experience was based on the International Criminal Court, which clarified the concept of the commander's responsibility and supplemented it with new elements.

The military judiciary in the interwar period in the Republic of Poland faced many problems, especially those that originated from the process of creating its own existence after Poland regained independence. The first significant obstacle in the legal system of the Republic was the application of various laws of the former occupiers on its territory. In addition, the young state had no guarantees regarding the security of its borders and therefore maintained a large army. Thus, the question of the justification for maintaining a separate justice system in the army did not find too many supporters. Despite the short period of the Republic's existence on the maps of Europe, interrupted by the outbreak of World War II, it did not prevent significant changes in the scope of military judiciary in Poland.

The article addresses the issue of normative-legal regulation concerning the operations of international private military companies (hereafter: PMCs). The specifics of the activities of international private military companies and their significance in the modern world are examined. The main emphasis is placed on analyzing documents that regulate the functioning of private military structures, particularly the Montreux Document, the International Code of Conduct for Private Security Service Providers, and the role of the International Association of the Code of Conduct in monitoring the actions of PMCs. Additionally, the mechanisms for regulating the activities of private military companies at the level of influential intergovernmental organizations such as the UN, EU, and NATO are analyzed. Challenges in the legal field resulting from the increased demand for PMC services are outlined. The conclusion drawn emphasizes the expediency of strengthening the normative-legal framework for regulating the activities of international private military companies.

The changing security situation has led to the hastening of Poland’s efforts to introduce adequate legal solutions concerning homeland defense, taking into account the modern reality. The Homeland Defense Act of March 11 2022, largely focuses on the issue of mandatory military service while introducing a new mechanism for the acquisition of additional funds for arming and moderninizing the Polish Armed Forces. However, this paper examines the changes in Polish regulation concerning the homeland defense duties of all citizens, including those defined as civilians rather than soldiers. The paper muses on the nature of homeland defense as defined by the law in force and on the homeland defense duties imposed on citizens by the Defense Act of March 11 2022.

The purpose of this paper is to present the main issues relating to the reform of the Statute of the General Court of the CJEU under Regulation 2024/2019. The structure of the article includes the origins of the General Court; the legal basis of the General Court; and the scope of the General Court after the amendment of the Statute of the CJEU in 2024 under Regulation 2024/2019. Using a dogmatic research method, the author analyses the individual provisions of Regulation 2024/2019. In the final part of the study, the author gives a final assessment of the reform of the CJEU under Regulation 2024/2019.

The institution of extraordinary appeal, provided by Polish law, was the subject of a multi-faceted assessment by The European Court of Human Rights in the case of Wałęsa v. Poland. In its judgment, the Court found its procedure inconsistent with the standards of a fair trial and the principle of legal certainty due to several defects identified in the judgment. The article compares the relevant statements in the mentioned judgment with the practice of filing extraordinary appeals by the Polish Commissioner for Human Rights (Ombudsman). To fulfill this task, the authors conducted a qualitative and quantitative analysis of all extraordinary appeals filed by the Ombudsman from the inception of the institution until the end of 2023. The research findings indicate that the body in question does not utilize the extraordinary appeal mechanism in a instrumental manner. Its actions are guided by the objective underlying its introduction by the legislator, to eliminate valid judgments that are grossly unjust and unlawful from circulation.

The main thesis of this paper is aimed at the conclusion that currently the EU, as an international organization, will not be able to ensure the energy security of its member states in the next ten years. The second thesis, as a consequence of demonstrating the validity of the first thesis, is related to the system of human rights protection in the EU, according to which every EU citizen has the right to an adequate standard of living. One of the basic elements of an adequate standard of living is to ensure the right of EU residents to have access to energy sources at a price acceptable to them. In conclusion, it will be shown that the EU and the Member State governments are not in a position to guarantee a sense of energy security for citizens and all sectors of the economy. The study is divided into two periods. The first period is up to the start of the armed conflict in February 2022. The second period under study, on the other hand, begins after Russia invades Ukrainian territory.

This research extends the examination of intellectual property (IP) law by delving into its intricate relationship with branding in the contemporary marketplace. Building on foundational philosophical theories such as John Locke's Labour Theory, Hegelian Personality Theory, and utilitarianism, the study explores how these theories influence both the legal frameworks and strategic dimensions of branding. Branding is positioned as a vital form of intellectual capital that transcends trademarks and logos, embodying corporate identities and fostering emotional connections with consumers. The research investigates the alignment of IP philosophies with branding objectives, highlighting the role of IP law in protecting and promoting brand identities.

Furthermore, the study examines the Economic Theory of IP, emphasizing its impact on innovation and creativity in brand development, alongside the Theory of Social Good, which considers brands’ contributions to societal welfare and cultural richness. The Democratic Theory and Theory of Justice are also explored to understand brand equity and equitable access to cultural symbols.

Through real-world case studies, the research demonstrates the practical linkages of IP philosophies on branding strategies, illustrating the balance between creator rights and the public interest, as well as the ethical considerations in brand protection and development. This exploration reveals the dynamic interplay between legal and philosophical frameworks, offering a nuanced understanding of how IP law and branding collectively shape the global marketplace and cultural landscape.

This paper aims to consider the problem of „human enhancement” in relation to the thought of Michel Foucault. A key aspect of this is an examination of the ways in which contemporary societies challenge the traditional notions of individuals as citizens, the state as their caretaker, and the law as an instrument of this necessary care. In the three historical economies of power analysed – (sovereign, disciplinary and biopower) – the centres of power justified their authority in different ways, with the function of law closely linked to these justifications. The paper provides a different perspective on the problem of the politics of „human enhancement” – as a logical consequence of developing a specific type of relationship between the individual and the state, expressed by the term „pastoral power”.

In its resolution of 6 May 2022, III CZP 47/22, the Supreme Court confronted the problem of the possibility of a cooperative member appointing a proxy to participate in a member class meeting. Doubts are raised by the justification of the resolution and how the Supreme Court argued on the way to its conclusion about the personal nature of a cooperative member’s participation in a meeting of a member class. According to the author, the objection to the Resolution might be the lack of consideration in the thesis of the scope of statutory autonomy expressed in Article 59 § 1 sentence 2 of the Cooperative Law.

The subject of the paper is an analysis of the resolution of the Supreme Court of December 7, 2021, III CZP 67/20, in which the Court found it admissible for the guardianship court to issue a decision to prepare a new birth certificate for the child in the event of a final denial of the paternity of the mother’s husband. At the same time, the Court indicated that the person concerned in this type of case will also be the man whose paternity is denied. If he is not a participant in the proceedings, the court should summon him to take part in the case.

In the judgment commented on above, the NSA held that the reserved portion reduces the taxable base for inheritance and gift tax if the beneficiary of the reserved portion applies for its realisation in a specified amount. According to the NSA, an unrealised, i.e., potential right to claim a benefit of an unspecified value, does not yet constitute an inheritance debt. This position is incorrect. The succession debt arises from the opening of the estate. For the creation of an inheritance debt, whether and when the beneficiary applies for its satisfaction is irrelevant.