TORUŃSKA SZKOŁA WYŻSZA - TSW - FORUM

Sylwester

,,Witam

Niedzielne zajęcia z lektoratu zaczynamy testem/kolokwium - jakieś 15-20 minut. W załączniku punktacja testu.

Po kolokwium wykład z prawa cywilnego, w załączniku konspekt zajęć na niedzielę. "

Pozdrawiam,
dr Anna Zaborowska

Punktacja: http://www.studiatsw.fora.pl/viewimage.php?i=24

POLISH CIVIL LAW
I. Private and public law
1. Private law
Private law regulates relations between people and their organizations.
Areas of private law:
- civil law
- family law
- labour law
- commercial law
2. Public law
Public law regulates relations between the state and the society.
Relations between the subjects of the law are based on subordination.
Sub-divisions of public law are:
- constitutional law
- administrative law
- criminal law
II. Substantive and procedural civil law
1. Substantive civil law
Substantive civil law regulates relations between 2 or more equal subjects of legal relations.
Substantive civil law belongs to private law area.
2. Procedural civil law
Procedural civil law is a set of norms aimed at resolving the substantive civil law cases, that is mostly
examination of the cases and implementation of the court rulings.
Procedural civil law belongs to public law area.
III. Civil law as a branch of law
Civil law is a commonly accepted codified branch of law
Civil law regulates relations between equal subjects of the law. Those subjects are autonomous and they
enter legal relationships out of their own free will. Civil law creates, defines and regulates rights and
obligations of the parties of the legal relations. Most important element characterizing civil law is
equality of rights and duties of the parties of civil legal relations. Equality means that none of the parties
has governing competence for forming the legal situation of the other party
stosunek prawny – the legal relation
podmiot prawa – the subject of the law
podmiot stosunku prawnego – the subject of the legal relation
strona [stosunku prawnego/umowy] – the party
IV. Sources of civil law
1. the Constitution of the Republic of Poland
2. ratified international agreements
3. acts
a) Civil Code of 1964
b) other acts
4. regulations
ad.3.a. - Civil Code of 1964 is composed of 4 books:
- general section (księga I - część ogólna)  contains mostly regulations on subjects of civil law,
legal acts, time and statues of limitations
- ownership and other property rights (księga II – własność i inne prawa rzeczowe)  contains
regulations on ownership, possession, limited proprietary rights and perpetual usufruct
- obligations (księga III - zobowiązania)  contains regulations on general principles of concluding
agreements, obligations and sources of obligations - nominate contracts, acts of law, prohibited acts,
other legal events
- inheritance (księga IV - spadki)  contains regulations on principles of testate succession and
intestate/statutory succession
V. Divisions of civil law [działy pr.c.]
1. General division [część ogólna pr.c.]  these are the general provisions and legal institutions
common for the whole civil law, e.g.: legal acts, subjective rights
- a subjective right –is a legally protected area of freedom and ability to operate granted to the
subject of the law by the law
- subjective absolute rights – rights that apply to everybody, e.g. ownership, limited proprietary
rights, personal rights
- a subjective relative right – rights that apply to certain/specific person, it is a right arising from a
relationship between persons e.g. from
2. Property law [prawo rzeczowe]  this area of law governs subjective absolute proprietary rights
Property law includes regulations on the rights to the property (movable and immovable property);
art. 46 §1 Civil Code
immovable property / immovables – land and buildings
movable property / movables – things that are not immovables
3. Obligations / Law of obligations [prawo zobowiązań]  this area of law governs subjective relative
rights; regulations on trading between equal subjects of the law
4. Family law [prawo rodzinne]  area of law that deals with family-related issues (marriage,
legitimacy, adoption, alimony, parental responsibility, custody, guardianship)
5. Inheritance law [prawo spadkowe]  this area of law governs the transfer of the property rights in
case of the owner’s death
– an inheritance – rights and obligations [property/titles/debts] belonging to the decedent at the
moment of his/her death and transferred to his/her successors
– inheritance / succession - the practice of transferring rights and obligations upon the death of an
individual
– intestate /statutory inheritance /succession- - the transfer of rights and obligations of the decedent
in accordance to his/her last will
– statutory inheritance / succession - the transfer of rights and obligations of the deceased under the
rules of the statue (Civil Code)
– decedent / deceased, the intestate / the bequeather / the testator – the person who’s property is
transferred to the successors upon her/his death
– the successor / the heir - the person entitled to the rights and obligations of the decedent
- testate successors - the person entitled to the rights and obligations of the testator
- intestate successors - - the person entitled to the rights and obligations of the decedent under the
rules of the statue (Civil Code)
– a will / a last will / a testament – legal declaration of person’s estate in case of the death
– a bequest -it is the act of receiving property by will
- the legitime / the forced share - a part of decedent’s estate that lawfully belongs to testators
children and should be distributed among them
6. Intellectual property (IP) [prawo na dobrach niematerialnych/prawo własnosci intelektualnej] 
under these regulations owners are granted certain exclusive rights to the intangible assets that are
creations of human mind and having certain value; such assets are: musical / literary / artistic works;
discoveries and inventions; words / phrases / symbols / designs
VI. Contracts
1. documents
a) dokument – a document
b) wniosek – a motion / an application / a submission
c) prośba – an application / a request
d) podanie – an application / a petition
e) pozew - a petition
f) zażalenie - a complaint / a claim
g) odwołanie – an appellation
h) petycja – a petition
2. marketing
DISTRIBIUTION NETWORK
producer (manufacture) wholesaler [distributor] retailer [distributor] customer
goods / merchandise – physical (tangible) products, capable of being delivered to and sold to a purchaser
(transfer of ownership from the seller to the customer)
service – intangible goods
the producer – individual or organization manufacturing goods / merchandise
wholesaling – the sale of goods or merchandise to retailers or other professional business users, not to
standard consumers
the wholesaler – an individual or organization distributing goods from a manufacturer, usually in very large
amounts, sells them to retail establishments at a marked up price
warehouse store / club –a retail location with a merchandise sold in large, wholesale quantities
retailing - the sale of goods / merchandise /services from a fixed location (e.g. department store, boutique,
by mail, via internet) for direct purchaser / customer (for personal, family, household use)
the retailer - an individual or organization distributing goods / merchandise /services directly to the
customers
the distributor – an individual or organization delivering goods/services from manufacturers to retailers of
directly to customers
the customer /client / buyer / purchaser – someone who purchases or hires something from someone
the supplier, seller, or vendor – individual or organization selling goods or merchandise to customers/clients
merchandising - the methods used to promote certain categories of commercial activity
Product endorsement – when famous people recommend a product
Sponsorship – when companies pay some cost of the events like concerts sport games
SHOPPING & BILLING
1. When you want to buy sth you:
go to the store and buy it or order it / place an order for it on-line or by phone or by fax
2. If you buy online:
a) when the goods are ready they are dispatched / shipped to you
b) for the order you can pay upfront or on delivery
(before receiving the goods) (at the moment of receiving the goods)
c) the document showing how much you should pay for the goods is a receipt or an invoice

IDIOMS
to follow the letter of the law
to do sth by the book
a bone of contention
to be a fair-weather friend
to play for time