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, Tampere University
Journal of Banking and Financial Economics, Volume 1/2021, pp 25-43; https://doi.org/10.7172/2353-6845.jbfe.2021.1.3

Abstract:
This paper studies the effect of central banks’ targeted refinancing operations on bank lending. It utilizes data from the European Central Bank’s targeted longer-term refinancing operations (TLTROs) together with monthly bank level balance sheet data from multiple countries. The effect of targeted policy is identified utilizing the institutional setting that provides natural instrumental variables and a proxy for credit demand. Unlike previous papers, this paper studies the effects on corporate loans and loans for consumption separately. The cumulative effect of TLTROs on participating banks’ stock of corporate loans is estimated to be significant (about 20 per cent). However, the effect on lending for consumption is found close to zero. Furthermore, the positive effects on corporate loans are found to be driven by crisis countries suggesting that the effectiveness of monetary policy depends on the economic conditions. The paper also finds some evidence that the effect on government bond purchases is negative. This result is very different from the earlier results regarding non-targeted liquidity operations.
Kay Chung, International Monetary Fund, Michael G. Papaioannou
Journal of Banking and Financial Economics, Volume 1/2021, pp 59-87; https://doi.org/10.7172/2353-6845.jbfe.2021.1.5

Abstract:
This paper analyzes the effects of including collective action clauses (CACs) and enhanced CACs in international (nondomestic law-governed) sovereign bonds on sovereigns’ borrowing costs, using secondary-market bond yield spreads. Our findings indicate that inclusion of enhanced CACs, introduced in August 2014, is associated with lower borrowing costs for both noninvestment-grade and investment-grade issuers. These results suggest that market participants do not associate the use of CACs and enhanced CACs with borrowers’ moral hazard, but instead consider their implied benefits of an orderly and efficient debt resolution process in case of restructuring.
, SGH Warsaw School of Economics
Journal of Banking and Financial Economics, Volume 1/2021, pp 5-13; https://doi.org/10.7172/2353-6845.jbfe.2021.1.1

Abstract:
After last global financial crisis from a decade ago, financial market have been experiencing significant increase in number of regulations. This was especially visible in the banking sector, in which number of post-crisis new regulations amounted to thousands per year. It was not only challenging for banks, that have been spending increasingly more financial resources on compliance, but also for supervisory entities that have to keep track of compliance for every entity on financial market. Due to the fact that supervisory process relies mostly on manual process, it can be both time consuming and inefficient. This is why, not only banks have been exploring new technologies in compliance with regulations (Reg Tech), but also supervisory authorities have been doing the same with the aim of increasing their efficiency (Sup Tech). The research paper aims to test hypothesis, which is as follows: – Sup Tech is becoming an innovative tool for banking supervision and is expected to have increasingly larger role in banking supervision For the purpose of the paper, the following methods have been applied: critical analysis of literature and research papers as well as descriptive method and comparative analysis of presented data.
Ahmed L. M. Ahmed, Cracow University of Economics
Journal of Banking and Financial Economics, Volume 1/2021, pp 44-58; https://doi.org/10.7172/2353-6845.jbfe.2021.1.4

Abstract:
This paper aims to assess the current condition of the Egyptian banking sector, based on the past reforms of the 2000s. This analysis is based on data from the Central Bank of Egypt (CBE), data from the Egyptian banking sector and the literature review. The main fi nding is that despite many changes in the political and economic scene that drove the country into a crisis, the Egyptian banking sector was able to work well in the post-2008 period, achieving high growth rates. This study contributes to the academic literature on factors infl uencing fi nancial development in emerging counties, based on the analysis of the Egyptian banking.
Mahmut Zeki Akarsu, Warsaw University
Journal of Banking and Financial Economics, Volume 1/2021, pp 14-24; https://doi.org/10.7172/2353-6845.jbfe.2021.1.2

Abstract:
The political system always has a significant impact on economic indicators. Currency exchange is one of the indicators, which is influenced directly or indirectly by political developments. Investors and economic agents make investment decisions by not only economic outcomes but also political developments. Turkey is one of the countries, which can be an example of a domestic currency losing value significantly due to undemocratic political actions since the 2017 referendum. Therefore, in this study, the impact of the new presidential system on the Turkish Lira is investigated using the Bayesian structural time-series model in R software. According to the literature search, this study is the first article that analyzes how much the Turkish Lira decoupled negatively from peers and how badly the Turkish presidential system harms the Turkish Lira. According to the result, the undemocratic and unorthodox economic and political implementations cause the Turkish Lira to have dropped sharply and have decoupled negatively from other currencies significantly.
Magdalena Błaszczyk
Published: 12 October 2021
Abstract:
The paper offers an analysis of new provisions of Article 304 § 2 and 3 of the Polish Penal Code, which define two specific types of the offence of usury. These provisions are intended to protect consumers against excessive financial burden – the interest (§ 3) and non-interest costs (§ 2) – included in the loan they incur. The author examines them critically, taking as a point of reference the guarantee standards of criminal liability resulting from the Constitution. The author performs a “quality control”, which amounts to a dogmatic analysis of the statutory features of new usury offences, which means a kind of quality control of their definitions and verification of the necessity to cover the described behaviours by the sanctioning norms.
Michał Możdżeń-Marcinkowski
Published: 12 October 2021
Abstract:
The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.
Jacek Jagielski, Piotr Gołaszewski
Published: 12 October 2021
Abstract:
The article discusses the legal and administrative regulations regarding the prevention and control of infectious diseases. The author puts forward and justifies the thesis that the SARS-CoV-2 coronavirus epidemic (COVID-19 disease) has exposed significant imperfections (and partly deficiencies) of the above-mentioned regulations, and at the same time revealed the effects of – sometimes insufficient – theoretical reflection on administrative law and the methods of reception of its assumptions and theoretical structures into the provisions of this law. Against this background, particular attention was paid to the construction of the special state as a (separate and independent) institution of material administrative law, as well as to issues concerning, inter alia, administrative regulations, general administrative acts, administrative enforcement of non-pecuniary obligations, administrative proceedings, criminal-administrative law, and social (digital) exclusion in administrative law. The considerations are summed up by the statement that administrative law – both in practical and theoretical terms – has turned out to be insufficiently prepared for an epidemic of an infectious disease in general, and even more so for an epidemic of a scale such as that caused by the SARS-CoV-2 coronavirus.
Tomasz Kamiński, Elżbieta Karska
Published: 12 October 2021
Abstract:
This article analyses the scope of the coercion of a state as a ground for invalidating a treaty under international law. The coercion of a representative of a state (i.e. duress) is also addressed. The paper presents the notion and the legal limitations of the use of force under international law. It also discusses duress and coercion of a state as grounds for treaty invalidity in an historical perspective. The main purpose of the paper, however, is to present the scope of the concept of the coercion of a state under the 1969 Vienna Convention on the Law of Treaties (VCLT). The article comments on the phrase of Article 52 of the VCLT on the invalidity of treaties that refers to the rules of international law, as embodied in the UN Charter, regarding the threat or use of force in concluding treaties. It considers whether the wording of VCLT articles on coercion as grounds for invalidating a treaty reflects customary rules of international law. The authors also consider a concept raised by certain developing states that coercion comprises not only the threat or use of force but also economic and political pressure. Finally, discussed are the procedures to invoke grounds for treaty invalidity applicable in the case of the coercion of a state.
Maciej Giaro
Published: 12 October 2021
Abstract:
The paper elaborates the problem of the passive side of capacity to act which consists in the ability to receive (or to be an addressee of) the will declarations. Given the absence of an explicit regulation in the Polish civil code, the passive side of capacity to act has lost its attribute of a doctrinal evidence. However, the capacity to act should not be understood in a popular way limiting this concept to its active side only. Such an understanding generates in fact a grievous gap in the Polish civil law.
Jacek Kosonoga, Sławomir Żółtek
Published: 12 October 2021
Abstract:
The subject of the article is a new preventive measure introduced last year in Article 276a of the Polish Code of Criminal Procedure for the protection of the medical staff or persons chosen to help them. Authors discuss in detail the need for such a measure, its purpose and functions, the level of protection it offers, the basic grounds for its application, the various type of injunctions associated with the preventive measure, the associated surety or financial guarantee, and the period of time for which such an injunction may remain in force as well as the authorities applying the preventive measure. Due to the scale of comments, often critical, the issue discussed in the article may turn out to be useful for both legal practitioners and theoreticians.
Piotr Iwaszkiewicz, Przemysław Litwiniuk
Published: 12 October 2021
Abstract:
In the new proposed legal solutions, shaping the instruments of the Common Agricultural Policy of the European Union, the concept of “active farmer” is of great importance, as it is an key element of a family farm. The European Union and the member states will program strategic interventions, addressed mainly to family farms. The authors of the article characterized the structural elements of the proposed legal concept of “active farmer” and compared them with the elements of the concept of “individual farmer” known in Polish law. They presented a conclusion that the Polish and EU understanding of the legal category of “family farm” is different and the current Polish legal solutions will not be useful in constructing and implementing the strategic plan for 2023–2027. They also call for a revision of Polish legal solutions relating to family farms.
Beata Giesen, Krzysztof Kurosz
Published: 12 October 2021
Abstract:
The artistic mask, understood as a “factitious”, creatively developed identity of a person, escapes the long-accepted, and already well-established in the private law, classifications of legal interests. This makes it difficult to answer the fundamental question of whether, and if yes, then subject to what conditions, the artistic mask is protected, and also to establish the legal framework for contractual disposal thereof. This problem becomes particularly important these days, as discussions across a variety of platforms are being held on the development of one’s own personality, self-creation, how we present ourselves to others, and how far we can control how others present us. Moreover, the structure of the mask draws our attention to the area where the material, or tangible, and the immaterial, intangible, interpenetrate each other, the area that is characterized by the conflict of interest, whether or not it pertains to property-related, or economic, interest. The academic research undertaken so far allows to conclude that there are many faces of the artistic mask. Therefore, a question arises whether it is possible at all to assign it to one of the categories of protected interest that is already recognized by the law, namely an image, a work or artistic performance, or it is a new type of legal interest. In our opinion, the problem of the artistic mask is not an anachronistic one, or an artefact from the times of a pursuit to find the grounds for protection of the artists-performers. The analysis of those who practice as performers allows us to observe that the structure of the mask combines two elements, i.e. the identity and the medium. It is a characteristic feature of the mask that everything that makes up the identity, namely the character, the appearance of an impersonated character, is not real, as it would be in the case of an image of a human being, but is artificially created. Unlike is usually the case with a copyrighted work, it is not a physical object that is the carrier, or the medium, for the mask, but a human being. It can be stated that in the case of the mask, the human being is the original copy of the “work”. However, the concept of holding copyright to one’s own person is excluded as such.
Agata Niewiadomska
Published: 12 October 2021
Abstract:
The article discusses the main assumptions of the functioning of the Smart Village concept in the context of sustainable development. The functioning of this concept was assessed through the prism of the experiences of other European countries. An analysis of the possibility of introducing regulations regarding Smart Village into the Polish legal system was also carried out. The issue that is subject to evolutionary evaluation concerns, first of all, the possibility of functioning of this concept in Polish agriculture.
Published: 12 October 2021
Abstract:
The subject of consideration are issues related to the occurrence of business risk in agriculture, which stimulates the acquisition of income by agricultural producers. Its particular determinant in the supply chain of agricultural and food products are unfair trade practices. The aim of the article is to answer the question whether the legal regulations proposed at the European Union and national levels limit the occurrence of business risk in agricultural activity and thus protect agricultural producers against such practices. The European Union legislator recognizes the necessity of protecting both suppliers and purchasers of agricultural products and the legal solutions adopted may, to some extent, contribute to unification of approach in the Member States and serve to protect their addressees, although they are not comprehensive. They allow for * dr hab., prof. UPP, Katedra Prawa i Organizacji Przedsiębiorstw w Agrobiznesie Dr. Sci. in Law, Professor, Poznan University of Life Sciences, Faculty of Economics, Department of Law and Organization of Agribusiness Enterprises the adoption or retention of national rules that go beyond the standards listed in the EU Directive, leaving space for some adaptation to local commercial culture and problems.
Published: 12 October 2021
Abstract:
In 1810–1811 two delegations of the Lithuanian nobility visited St. Petersburg in an attempt to draw attention of the Russian authorities to the problems of the West Guberniyas. One of them was headed by Duke Xavier Drucki-Lubecki. His Memorandum, probably intended for Michail M. Speranski, provides insight into the main ills of the Polish Guberniyas. Lubecki outlined the principal directions of the desired reforms of the economic situation, the political system of the guberniyas, as well as certain institutions of Polish-Lithuanian law.
Anna Rossmanith
Published: 12 October 2021
Abstract:
The article deals with the problem of monological social relations as related to the conception of law that does not meet the communication criterion. The analysis is based on the dialogical concept of law and, correspondingly, on Arendt’s notion of the Athenian polis, Gadamer’s hermeneutics, Habermas’s theory of communicative action, Honneth’s theory of recognition, Foucault’s critique of monological society, and Fuller’s morality of law. The most important thesis is that the ethical condition of law fulfilling the communicative function is the recognition of the dialogical subjectivity of a human being and its participation in the constitution of law.
Konrad Marciniuk
Published: 12 October 2021
Abstract:
The Act on shaping the agricultural system of April 2003 introduces a special regime for trading in agricultural real estates. This act, as a rule, imposes the ban on purchasing agricultural real estates by entities that are not individual farmers, including primarily any legal persons (entities) as well as natural persons who do not meet the criteria for being considered as individual farmers. However, the scope of the Act is much wider – its operation does not end with the acquisition of the agricultural real estate by its purchaser. Among the instruments for shaping the trade of agricultural real estates it is also necessary to indicate the obligation of the purchaser to run a farm, which includes the purchased property, for a period of at least 5 years from the date of its purchase, and if the purchaser is a natural person, an obligation to run this farm personally by its owner. In addition, during this period, the purchaser of agricultural real estate may not sell it or give it over to other entities (e.g. for tenancy or lease). The article discusses details of the limitations of the ownership rights to the agricultural real estate, including restrictions on the freedom to use and dispose it. The discussed regulations are also assessed as to their compliance with the Constitution and the law of the European Union.
Paweł Czechowski
Published: 12 October 2021
Abstract:
The article presents the genesis of the occurrence and origin of the African Swine Fever virus (ASF). In the absence of the discovery of a vaccine against the ASF virus, the only form of combating it is the application of administrative legal mechanisms characteristic of sanitary and veterinary law. The subject of the analysis are the administrative and legal mechanisms used to fight the ASF virus: the bans, orders, and mixed structures. The legal analysis performed was based on the legal regulations of the European law and the Polish national law. The final remarks include an assessment of the effectiveness of the doscussed legal mechanisms.
Lech Jaworski
Published: 12 October 2021
Abstract:
Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).
Published: 12 October 2021
Abstract:
The subject of this study is the analysis of three selected fundamental principles of nuclear safety and radiation protection based upon the Polish and international nuclear law. In this article, the author characterises the substantive content, the normative meaning, as well as the legal basis of the legal measures implementing: the principle of prime responsibility for safety, the principle of role of government in the context of nuclear framework for safety, and lastly, the principle of leadership and management for safety. The interpretation and conceptual meaning of presented principles refer to the Fundamental Safety Principles, adopted by the International Atomic Energy Agency. On the basis of co-operation and voluntary harmonisation, the IAEA has formulated ten safety principles in order to achieve a fundamental safety objective, which is the protection of people and the environment from harmful effects of ionising radiation. Moreover, the national strategy and policy for the development of nuclear safety and radiological protection, as referred to in Article 39p of the Act of 29 November 2000 on Atomic Law1, requires, inter alia, the establishment of the principles of nuclear safety and radiation protection. Consequently, the relation between the Fundamental Safety Principles and the aforementioned strategy, as well as the importance of the principles observed in processes of establishing and applying provisions of Polish nuclear law are also analysed in this study.
Paweł Wojciechowski
Published: 12 October 2021
Abstract:
Act on the Formation of Agricultural System introduced the general principle according to which agricultural real estate can be purchased only by individual farmers. However, there are exceptions, including the possibility of purchasing agricultural real estate by legal person of churches and other religious organizations. The purpose of the article is to establish the scope of this special exception and the reasons for its introduction. The author concludes that the binding regulation, due to its wide scope, may raise doubts. The article proposes de lege ferenda changes that would enable the purchase of agricultural real estate by legal person of churches and other religious organizations in such a way that the freedom of religion could be protected and regulatory proceedings could be carried out, while at the same time it could fulfil the objectives of the Act on the Formation of Agricultural System.
Published: 12 October 2021
Abstract:
This article aims to analyze the European Union law in terms of the jurisdiction applicable in cases of infringement of personal rights on the Internet. After a short introduction to issues of technical, technological and civilizational progress, consideration is given to the fact that the Internet has become a common platform of human activity. The role, characteristics, and specificity of this state of affairs are presented, and the consequences assessed. The paper then turns to the fact that the problem of determining the applicable jurisdiction in the European Union law is based on general terms from which there are normative exceptions. Such exceptions include a special jurisdiction mechanism that is analysed in this paper. With regard to the case-law of the Court of Justice of the European Union, the paper proposes ways the jurisdiction of European Union Member States should be determined in cases of infringement of personal rights on the Internet. The paper also contains postulates related to the interpretation of relevant Union legislation, which are directed to legislative and judicial authorities. The discussion is closed with a brief summary of the authors’ reflections on the analysed issues, as well as some comments on the recent relevant cases.
Published: 12 October 2021
Abstract:
This article discusses one of the solutions adopted in the nuclear energy law, which contributes to the reduction of the investment risk. It is the so-called pre-licensing which involves the assessment of key site or technical factors at the pre-investment stage in order to avoid possible problems at the stage of investment implementation. The author analyses the Polish solutions in the context of the general concept of pre-licensing, with particular respect to: the nature of pre-licensing legal instruments (opinions), the scope and requirements of the application for an opinion, and the binding force of pre-licensing acts. The practical significance of this issue is all the greater considering governmental plans to implement nuclear power in Poland and in the light of recent activities of private entities as to the construction of smaller nuclear power plants. In the latter case, prelicensing instruments are already being exercised in practice.
Jerzy Bieluk
Published: 12 October 2021
Abstract:
Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.
Igor Zachariasz
Published: 12 October 2021
Abstract:
The municipality’s study should be a legal act of an internal nature, binding the units subordinate to the commune council and the head of the commune within the scope of the undertaken investments and protection activities in the land. The study should define, first of all, the location of public investments, protected areas and zones, as well as the type of permissible development, binding when drawing up local plans and any other legal acts, both internal and generally applicable, determining the conditions for using the land. Thus, the study would become a plan to control spatial development.
Agnieszka Stępkowska
Published: 12 October 2021
Abstract:
Roman authors demonstrated this hierarchy-oriented approach already when talking about the very establishment of Rome by Romulus, who divided then the foundational community into social orders of patricians and plebeians. Rome begins not with the individuals entering into a kind of social contract but with the pre-existing community. This community is granted with new identity with establishment of a specific order, that allowed addressing all the needs of the community and provided it with significant potential for expansion. Both social orders were burdened with the duties of mutual care and the specific duties towards Roman community itself. Therefore, the social relationships were understood in terms of duties and not rights. In order to provide for proper functioning of this social system, special institutions were established. Among others, that were described, particular attention was paid to Censors being in charge of supervising appropriate moral conduct of the citizens. The Censors exercised control over the way in which the citizens performed their moral duties, i.e. whether they have been observing mores (socially accepted patterns of conduct) in social life. Requirements stemming from the mores depended on the social position, and the higher the social position was, the greater were the requirements towards a given citizen. Censors could punish a citizen who had violated mores, with a censor’s note (nota censoria). The effect of the censor’s note were diverse and could entail severe consequences ending with exclusion from the community which resulted in deprivation of citizenship (capitis deminutio media).
Przemysław Czernicki
Published: 12 October 2021
Abstract:
The article attempts to discuss the legal and institutional issues related to the use of the State Land Fund (SLF) as a fundamental instrument of the postwar agrarian and land policy in Poland. First of all, an attempt was made to indicate the normative basis for its implementation and to reconstruct the legal character of the institution in question. Reconstruction of the legal essence of the State Land Fund shows the divergences formulated in this regard by the proponents of the doctrine of agricultural and financial law. The evolution of functions performed by the fund in the framework of the agrarian policy of the socialist state, and changes made in the model of administration of this institution, have contributed to the emergence of different evaluations. It seems that the institutional specificity of the SLF was determined primarily by the doctrinal or systemic basis of the Stalinist agricultural policy.
Jakob Fortunat Stagl
Published: 12 October 2021
Abstract:
With the “glosa” on the Siete Partidas (13th century) by G. López (16th century), Latin America possesses an excellent example of a commentary on a civil law code, actually one of the greatest of the civil law tradition. Yet, the Latin American countries did not develop, as a rule, a proper culture of commentaries, albeit they gave themselves civil codes around the middle of the 19th century. The most important of these codifications, the Chilean civil code by Andrés Bello, is even a conscious continuation of the tradition enshrined in the Siete Partidas. In most countries, authors prefer instead to write textbooks. This choice seems to be explained by the fact that this literary form gives them more freedom to distance themselves from their civil codes, which are considered rather historical monuments than living legal texts. Commentaries appear only where the civil lawyers deal with a modern codification which is the case in Argentina and Brazil.
Published: 12 October 2021
Abstract:
The judgment of the Court of Justice of the European Union of 17 April 2018 in Case C-441/17 (failure of a Member State to fulfil obligations), brought by the European Commission against Poland, concerning “logging” in the Białowieża Forest, was widely reported in the media and on the scientific forum (naturally, also in the doctrine of international and European law). Analysing this decision and referring to the jurisprudence and achievements of the doctrine, commentators cautiously (but, in essence, not always correctly) indicated what decisions and actions constituted the basis of this dispute, which ultimately led to Poland’s defeat before the Court, considering the judgment an end to the case and, at the same time, the canon for the subject knowledge. It should be emphasised, however, that the judgment itself did not resolve the dispute as to which model of protection of the Białowieża Forest is appropriate. In particular, it has not contributed to determining whether the previous activities of the State Forests (although it proved them formally inconsistent with EU law) were beneficial (or harmful) to the protection of the Białowieża Forest stand. By emphasising the imperfection of the situation, the authors try to constructively draw from it conclusions de lege lata and de lege ferenda.
Published: 12 October 2021
Abstract:
The last will as an instrument of succession law is one of the means of disposing property upon death. Around the world particular legal regulations of American, Australian, European or other countries generally provide for different specific formal requirements for the valid preparation of will. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly and has rarely been executed in a manner consistent with the formalities. Reflecting the intent of a testator, often expressed informally, seems to be a more important value of the law of succession than respecting the formalities. This has already been noticed in some countries, especially in common law jurisdictions in Australia and America, where solutions based on substantial compliance doctrine or its variations, contrary to the pan-European strict compliance standard, were adopted. These solutions, however, do not take into consideration plenty of circumstances that may occur in the testation practice and are indifferent to new possible ways of making wills. Meanwhile, the range of mechanisms and proposals for statutory changes in the area of wills formalities is constantly growing. However, there are no proposals to cover all possible legislations in this area, as regards Anglo-American, European or other countries. Yet such a solution seems possible and desirable in order to reconcile the doctrines of substantial compliance and strict compliance. This proposal is the subject of this study.
Angela Škovierová
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 395-406; https://doi.org/10.33077/uw.25448730.zbkh.2021.672

Abstract:
At the turn of the 16th century for a variety of reasons related to the socio-political, educational and religious situation in Hungary, relatively many natives from the area of today’s Slovakia lived and permanently worked in Bohemia and Moravia. These were mostly Protestant scholars, writing and publishing their work in Bohemia. Due to the authors’ origin, their works are also considered to be related to Slovakia. This paper illustrates the circumstances of Slovaks active in Bohemia and selectively presents the inspiration sources (the ancient times, the Bible, the Renaissance authors of the time…) that the scholars originally from today’s Slovakia used in their work, published largely in Bohemia or intended primarily for the Bohemian market and audience. It also reflects on societal, cultural, religious and philosophical trends of Humanism.
Erika Juríková, Janka Mišeková
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 375-393; https://doi.org/10.33077/uw.25448730.zbkh.2021.678

Abstract:
Over the last two decades, there has been more comprehensive and focused research on old prints produced by the historical Jesuit Trnava University. It existed in Trnava between 1635 and 1777, when it was moved to Buda (today's Budapest, Hungary) by the monarch Maria Theresa. Thus the university influenced the educational level of the Hungarian population in the 17th and especially the 18th century, and became the centre of Baroque education in what is today Slovakia. The establishment and existence of Trnava University was of fundamental importance for the development of many scientific disciplines, which was further multiplied by the titles published by the Academic Printing House. The aim of this study is to highlight those aspects of the activities of the university and individuals that have contributed to a major breakthrough in scientific knowledge and at the same time have been the subject of partial or systematic research since 2000.
Lucia Lichnerová
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 331-356; https://doi.org/10.33077/uw.25448730.zbkh.2021.675

Abstract:
The study To Publish, Make Known and Sell is based on verified existence of competition tensions between the 15th century typographers/publishers, related to the absence of functional regulatory tools of book production of the incunabula period. The increase in the number of book-printers within the relatively narrow geographical area, disregard of publishers’ privileges, the emergence of pirated reprints, as well as insufficient self-promotion on the book market through introducing novelties had concentrated typographers’ attention on devising new tools of securing their triumph in publisher’s competition – the so called book advertisements. The author has analysed 44 promotional posters of the incunabula period from several points of view and attempted to identify their design elements, which on the one hand showed signs of certain standardization, while on the other hand they were subject to personal creativity of their creator. She gives detailed overview of the circumstances of the origin, typographic design and contents of book advertisements of several kinds within the context of promoting either the existing or planned editions, of one edition or a group of books; specifically focusing on the unique types of advertising. In conclusion, the author cites the circumstances of the extinction of book advertisements related to the rise of the new promotional tool – booksellers’ catalogue and submits a bibliography of the book advertisements dating from the 15th century.
Ivona Kollárová
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 407-425; https://doi.org/10.33077/uw.25448730.zbkh.2021.679

Abstract:
Through a wide range of sources, this study reveals the non-philosophical spread of the ideas of Immanuel Kant in the Slovak regions of Hungary. The flow of philosophical ideas can be demonstrated not only in the works of the Hungarian followers of Kant, but also in censorship sources documenting the import of Kantian texts in the 1790s. The critical debates in correspondences and published texts reveal anti-Kantian argumentations. Information about the advertisements of Kant’s works and subscriptions to them also help form an idea about their popularity. Research on private albums reveals how the philosophical legacy circulated, despite bans and repressions, in non-public communication networks and how its social area extended beyond the sphere of philosophy and education.
Marta Špániová
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 357-374; https://doi.org/10.33077/uw.25448730.zbkh.2021.670

Abstract:
Over the centuries, the typographic medium and book printing responded to the political, economic, cultural, and social conditions very sensitively. The author deals with social influences on the development of book printing in Bratislava from the fifteenth century when the first printer is documented in the town. She ponders the reasons for the long absence of typographic activities in Bratislava from the late fifteenth century to the early seventeenth century. Paradoxically, the Reformation gave an impetus to the further development of book printing in Bratislava, as a Catholic printing house was established there in direct response to Reformation printing in Hungary. Therefore, the author also examines the conditions of Reformation printing to which the beginnings of publishing activities are tied in the territory of Slovakia. In the second part of the study, she focuses on Catholic Revival literature published in Bratislava in the seventeenth century, which played an important role in implementing Catholic reforms in Hungary.
Michaela Sibylová
Z Badań nad Książką i Księgozbiorami Historycznymi, Volume 15, pp 427-441; https://doi.org/10.33077/uw.25448730.zbkh.2021.671

Abstract:
The author has divided her article into two parts. The first part describes the status and research of aristocratic libraries in Slovakia. For a certain period of time, these libraries occupied an underappreciated place in the history of book culture in Slovakia. The socialist ideology of the ruling regime allowed their collections (with a few exceptions) to be merged with those of public libraries and archives. The author describes the events that affected these libraries during and particularly after the end of World War II and which had an adverse impact on the current disarrayed state and level of research. Over the past decades, there has been increased interest in the history of aristocratic libraries, as evidenced by multiple scientific conferences, exhibitions and publications. The second part of the article is devoted to a brief history of the best-known aristocratic libraries that were founded and operated in the territory of today’s Slovakia. From the times of humanism, there are the book collections of the Thurzó family and the Zay family, leading Austro-Hungarian noble families and the library of the bishop of Nitra, Zakariás Mossóczy. An example of a Baroque library is the Pálffy Library at Červený Kameň Castle. The Enlightenment period is represented by the Andrássy family libraries in the Betliar manor and the Apponyi family in Oponice.
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