Key principles of the Constitutions of the Republic of Poland (possible practical question)

“Key principles” means a set of norms regulating the most basic institutions of the system of governments in a country. They are divided into 7 principles:

-The principle of sovereignty of the Nation

-The principle of a democratic law-observing state

-the principle tripartition of powers

-the principle of parliamentary system of government

-the principle of political pluralism

-the principle of decentralization of public authority and territorial self-government

-the principle of social market economy

The legislative, judicial and executive power in Republic of Poland (possible practical question).

Article 10

The system of government of the Republic of Poland shall be based on the separation of and balance between the legislative, executive and judicial powers.Legislative power shall be vested in the Sejm and the Senate(30), executive power shall be vested in the President of the Republic of Poland and the Council of Ministers, and the judicial power shall be vested in courts and tribunals

20. Forms of direct democracy in Poland.

The current constitution of the Republic of Poland envisages a few forms of referendum. The basic one is the nationwide referendum, in which the matters of particular significance to the state are decided. It is special type is the so-called European referendum. The constitutional and local referendums are governed by different principles. A further institution of direct democracy is the popular initiative, which denotes the right of a group formed by 100, 000 citizens to submit a bill. In Poland the institution of people’s veto isn’t applied.

Rules governing civil law.

The most important rules of civil law having their roots in the Constitution and the law of the European Union are:

-The rule of equal treatment of subjects of civil law which orders that all subjects of civil law are treated equally, and all exceptions to this rule should be occasional and be regulated in the statutory law;

-The rule of freedom of contract which results mainly Article 353(1) of the Civil code due to which the parties concluding an agreement may shape the legal relationship as they deem proper provided its contents and aim are not contrary to the nature of the relationship, the statutory law or the rules of social co-experience.

The rules of social co-existence include the principles of ethics and the principle of honesty in concluding agreements with the other party:

-the rule of the protection of the ownership right

-the rule of the performance of liabilities

-the rule of good faith

-the rule of compensation of damages

-the rule of the protection of once acquired rights

-the rule of the protection of personal goods

Types of persons in Polish law.

Natural person

* Nasciturus

* 0-13 y no capacity

* 13-16 limited capacity

* 18+ adult-full capacity

* Natural person may be in capacitied fully or particularly- District Court sentence

Legal Person -are the state. Treasury and organizational units which are accorded legal personality by specific regulations.

Imperfect legal person - No legal personality but they are granted legal capacity under the law.

Legal capacity (definition, acquisition, loss).

Legal capacity is an ability to be a subjects of rights and duties. This is an attribute of natural persons, legal persons and organizational unit to which special provisions give such an ability.

Acquisition of legal capacity

Natural persons acquire legal capacity at the moment of birth.

Legal persons obtain legal capacity upon entry into the relevant register, unless the special provision otherwise.

Loss of legal capacity.

A natural persons losses his legal capacity upon death or as a consequence of recognition of deceased person.

Legal persons lose their legal c-y when they are removed from the relevant register of the liquidation process is completed.

Capacity for legal acts.

* Ability to acquire rights and incur liabilities

* A person with legal capacity may perform on their own behalf legal actions aimed at creating, changing or terminating a legal relationship

* Full capacity for legal acts, limited capacity for legal acts, full legal incapacitation.

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