Akademia Kujawsko-Pomorska
(Kujawsko-Pomorska Szkoła Wyższa)

AUTHOR: Dominik Borek

ORCID: 0000-0002-4359-9426

AFFILIATION: Warsaw School of Economics, Ministry of Sport and Tourism

SUMMARY: Bulgaria has always been a tourist destination of great interest for travellers from Poland. Everyone can find something of interest in Bulgaria’s diverse tourist offer1. Poland also boasts a similar geographic composition as regards its location with access to the sea and mountains. A similar geo-cartographic structure and environment make both countries predestined for cooperation in the field of tourism and exchange of good experiences. Each country is interested in further increasing the number of foreign tourist arrivals which are assigned to the export side on the balance of payments2. Reflections on cooperation in the field of tourism should begin with its origins. Poland is bound to Bulgaria by an Intergovernmental Agreement on Cooperation in the Field of Tourism. It was drawn up in Sofia on 10 January 1969. The discussion of this bilateral agreement will be a main goal. This paper has been drawn up as part of the implementation of the agreement concluded in September 2023 between IBS Bulgaria and the Polish Ministry of Sport and Tourism.

KEY WORDS: elections, electoral law, electoral rights, candidate

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AUTHOR: Michał Czakowski

ORCID: 0000-0001-7463-3490

AFFILIATION: Kujawy and Pomorze University in Bydgoszcz

SUMMARY: The legislator, based on the provisions of the Constitution, indicates the following types of elections to representative bodies: elections to the Sejm, Senate, President of the Republic of Poland, local government elections. The provisions of the Constitution do not contain any regulations concerning the elections of members of the European Parliament, which are regulated in the provisions of the Electoral Code. The election administration is responsible for the proper conduct and organization of elections. Electoral administration, in the objective sense, is an activity aimed at performing

KEY WORDS: elections, election administration, electoral bodies, electoral code

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LICENCJA: CC BY

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AUTHOR: Czesław Kłak

ORCID: 0000-0002-2886-4770

AFFILIATION: Uniwersytet Komisji Edukacji Narodowej w Krakowie

SUMMARY: The article analyses the concept of ‘ambiguity’ in expert opinions in criminal and civil proceedings, pointing out that despite its frequent use in legislation and case law, it has no legal definition. The author discusses the meaning of this defect in an opinion, referring to criteria such as incomprehensibility, inconsistency, illogicality or lack of consistency between conclusions and the research conducted. The similarities and differences in the procedure for verifying an unclear expert opinion under the Code of Criminal Procedure and the Code of Civil Procedure are presented, with particular emphasis on Article 201 of the Code of Criminal Procedure, Article 286 of the Code of Civil Procedure and Article 290 of the Code of Civil Procedure. The author formulates a thesis on the need to apply uniform criteria for the assessment and verification of expert opinions regardless of the type of proceedings, emphasising the primacy of recalling the same expert. The article also addresses the issue of terminology in subsequent expert opinions and considers the legitimacy of a possible amendment to the regulations in order to standardise practice.

KEY WORDS: expert opinion, ambiguity of opinion, criminal proceedings, civil proceedings, verification of opinion, Article 201 of the Code of Criminal Procedure, Article 286 of the Code of Civil Procedure, Article 290 of the Code of Civil Procedure

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AUTHOR: Wojciech Kołakowski

ORCID: 0009-0009-3300-1580

AFFILIATION: Uniwersytet Komisji Edukacji Narodowej w Krakowie

SUMMARY: The purpose of this study is to analyze the issue of price payment under real estate sale contracts within the Polish legal system. The study examines both the secondary market and sale contracts concluded under the Act of 20 May 2021 on the protection of the rights of purchasers of residential units or single-family houses and the Developer Guarantee Fund, under which property ownership is transferred to the purchaser upon the execution of the notarial deed, irrespective of price payment. The paper addresses the fundamental methods of securing payment, considering the possibility of concluding a preliminary agreement and making payments through a notarial escrow account. It analyzes possible solutions to the issue of non-payment of the price despite the execution of the ownership transfer deed, with particular attention to the seller’s right of repurchase stipulated in the sale contract and the statutory right to withdraw from a reciprocal contract. The study identifies significant deficiencies in the Polish legal system, in particular the prohibition on conditional transfer of ownership upon payment of the price and restrictions resulting from the inability to make payments into an escrow account in cases involving bank financing. The analysis leads to de lege ferenda recommendations, including, inter alia, the introduction of conditional transfer of ownership, automatic retransfer of ownership in the event of withdrawal from a contract, and broader application of the notarial escrow mechanism.

KEY WORDS: security of real estate sale, deposit, preliminary agreement, notarial escrow, developer act, right of withdrawal, right of repurchase, price payment colaterall

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AUTHOR: Tomasz Kowalczyk

ORCID: 0000-0001-7251-5431

AFFILIATION: Kujawy and Pomorze University in Bydgoszcz

SUMMARY: In his text, the author presents the differences between local government bodies in medieval towns established under Magdeburg law and Lübeck law. It is worth noting that despite their different locations, both systems are modelled on German towns and German municipal law. It is also worth emphasising that both systems have undergone many modifications. The author’s opinion is that both Magdeburg and Lübeck law were the most widespread German municipal laws in Poland. The text presents the creation and powers of judicial authorities, which often included a bench, a council and a mayor. This varied in different systems, where it was indicated who held power in which period. The composition of the council in cities under Lübeck and Magdeburg law, as a body of local government and municipal authority, is also presented. The chair of the council is also indicated. This was usually the mayor. In general, the text presents the differences and similarities between local government bodies. In the summary, the author focuses on presenting a few selected differences.

KEY WORDS: municipal law, Magdeburg law, Lübeck law, authorities in medieval towns

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Iwona Lasek-Surowiec
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