*Civil law

Course year study 2016/2017

Mgr Grzegorz Petryszak
[email protected]
* Aneta Skorupa-Wulczyńska :Legal English Civil
and Commercial Law: wyd. Wolters Kluwer
2016

*Literature
*Types of law - Legal systems

Source ww.juriglobe.ca/eng
This category includes states whose law is based
on English legal concepts and legal
organizational methods which assign a pre-
eminent position to case law.
Thus, this category includes states that have
close ties with the Enlglish tradition and for
which common law jurisprudence retains its
character as fundamental.

*Common law
It has drawn its inspiration largely from the
Roman law heritage. On the whole, the system
gives precedence to written law and opts for a
systematic codification of general law.
The system has taken on a variety of cultural
forms throughout the world. It is also called
‚Romano-Germanic’ or continental law.

*Civil- law
This is autonomus legal system of a religious
nature and predominanty bsed on the Koran. In a
number of countries of the Muslim tradition, it
tends to be limited to the laws relating to
personal status.

*Muslim law
The system is aso called ‚hybrid’ or ‚composite’.
The category includes states where two or more
systems apply cumultatively or interactively, but
also states where there is a juxtaposition of
systems as a result of more or less clearly
defined fields of application.

*Mixed law
 International law
Public International law
Private International law
National law
Local law

*Classification of law by
scope or application
* International law- a general name used to
describe the set of rules operating at an
international level

*International law
* The law regulating relationships between
sovereign states and their rights and
obligations with regard to one another

*Public International
law
* A part of national law of a country that
establishes rules for dealing with cases
involving a foreign element.

*Private internationa
law
It is also called domestic law, is the law that
operates on territory of one state.

*National law
According to the Constitution of the Republic of
Poland which prescribes the sources of law in
Poland it follows:
Constitution (Konstytucja)
- A normative act having the highest position in the
hierarchy is the basis to issue other legal acts .
- It defines basic rights and duties of citizens.
- It regulates political, social and economic system
of the state.

*Sources of law in
Poland
Statutes are normative acts setting general and
abstract standards e nacted by a parliment,
having unlimited material scope.
They are issued in a special mode i.e. under a
special legislative procedure.

*Statute (ustawa)
Ratified international agreements are promulgated
as specified by statut .
In specific cases their ratification and renunciation
require a prior written consent granted by statue.
By virtue of them the Republic of Poland may
delegate to an international organization the
competence of organs of state authority in relation
to certain matters.

*Ratified international agreements

(umowy międzynarodowe)
Regulations are impelmenting acts issued by the
President, Council of Ministers, Prime Minister
or a competent Minister.
They are issued on the basis of specific
authorisation contained in, and for the purpose
of implementation of, statues.

*Regulations
Ordinances are in a form of resolutions issued by
the bodies authorised to adopt resolutions at
local self-government, commune council, distric
council or regional assambly.
They are implementing acts of local law and are
issued in form of orders of implementing
authorities, e.g. at the level of a commune- the
head of the commune, mayor or president of the
city.

*Ordinances
*Hierarchy of laws in
Poland
Constitutionofofthe
Constitution theRepublic
RepublicofofPoland
Poland

Ratified
Ratifiedinternational
internationalagreements
Agreements

Statutes

Regulations

Local laws
 * Creation of normative acts in
the Republic of Poland

Normative acts, also called legal acts, are issued in a prescribed

form by the state authorities or on the basis of their powers.
Normative acts determine a specific procedure for the designated
entities (institutions, companies, individuals).

Normative acts create a certain hierarchical structure, and

therefore legal force contained in a single act may be higher or
lower than in the other act, or equal.
Dependencies that for this reason arise between the instruments
of varying legal statues lie in the competence of issuing
authorities, e.g. an act of a higher order may contain an
authorisation for a state authority or other entity to issue an act
of lower order, with lower legal force.
Acts having equivalent legal force may mutually repeal, a
superior act may repeal the act of lower legal force but
act of lower force can not repeal the provisions contained
in the superior act.

The legal acts also include resolutions of the Council of

Ministers and ordinances of the Prime Minister and
ministers. There are also legal acts issued by local
selfgovernment authorities and local governement
administration authorities, e.g. resolutions of the
commune council, legal –order ordinances of the voivode.

*Normative acts
hierarchy
 *Legal acts are divided
into:

1. Generally applicable (addressed to all

citizens). They include: the Constitution,
statues, ratified international agreements,
regulations or entactments of local law.
2. Applicable internally (valid only for
organizational units subject to the issuing
authority). These are resolutions of the
Council of Ministers, ordinances of the
President of the Republic of Poland, the
Prime Minister and ministers.
*Consequences of the
hierarchy of legal acts- quiz
1. In accordance with constitutional principle of the hierarchical
structure of sources of law, the enactments of local law must
comply with binding legislation.
True
2. The act of higher rank must comply with the act of a lower rank.
False
3. The act of lower rank can only be issued on the basis of the
delegation contained in the act of a higher rank.
True
4. An act of a given rank can be repealed, changed or suspended only
by an act of the same rank
False
 *Legislative procedure

The legislative process is described in detail in the

Constitution of the Republic of Poland and in the Standing
Orders of the Sejm (Polish Lower Chamber of Parliment-
Sejm ). The process includes the following stages:
1. Legislative initiative
2. First reading
3. Second reading
4. Third reading
5. Senate procedure
6. President’s signature
For the legislative process to be commenced, it is necessary to
introduce a bill to the Sejm.
Only qualified entities enjoying the right of legislative initiative
can do so. Such entities include:

1. The deputies to the Sejm (deputies’ bills may be introduced

by a Sejm committee or a group of at least 15 deputies).
2. The Senate ( a resolution of the entire Chamber is necessary).
3. The President of the Republic.
4. The Council of Ministers.

*Introducing of legal
initiatives at
parliment
The Constitution also provides for an opportunity for citizens to
introduce a bill by means of the so-called mechanism of popular
initiative; yet such a bill requires the signatures of a group of
100,000 eligible to vote in elections to the Sejm.
Some bills e.g. a draft budget, can be introduced only by the
Council of Ministers.
Urgent bills, which may be introduced in the Sejm only by the
government, are particular importance. Bills designated as urgent
have priority over the bills and are subject to the fast-track
parlimentary procedure.
Bills are to be submitted, in writting, to the Marshal of Sejm ( the
phrase ‚to submit a bill to the marshal’s mace’ is commonly used in
parlimentary practice).. He orders their printing and delivery to
deputies.
The sponsor, submitting a bill, appoints an authorised person to
represent him in work relating to it. Every bill has to include an
explanatory statement which clarifies the following e.g. the need
for and purpose of the bill. It presents the expected social,
economic, financial, and legal consequences.
He points out the sources of financing, or includes the statement
on compatibility of the bill with the EU law.
Bills are considered in 3 readings. The first
reading takes place at plenary session of the Sejm
ot at a session. Due to a high number of issues on
the agenda of the Sejm session, in principle the
first reading is held at a committee session.
The first reading of a bill includes justification of
the bill by sposnors, a debate on the bill,
questions to deputies and responses of the
sponsor. A motion to reject the bill in its entireity
may be done at this stage.

*Phases of accepting
the law: First reading
The second reading always takes place at Sejm session and
includes presentation of the committee report on the bill to the
Sejm and, subsequently a debate during which other motion and
amendments may be submitted.
The right to introduce amendments during second reading is
vested in the sponsor of the bill, in a group of at least 15
deputies.
Amendments may be submitted only by the end of the second
readig. If amendments are submitted, the bill is reffered again
to the committee which exmanies them, assesses them and
again presents an additional report to Sejm. If the draft is not
re-referred to the committee during second reading, the third
reading may take place immediately.

*The second reading

The third reading is held at a Sejm session and it
includes voting on a possible motion to reject
the bill in its enirety then on amendments to
particular articles, and at the end on the bill as a
whole accoridng to the wording proposed by the
committees , including any modifications
resulting from adopted amendments.

*Third reading
* The Sejm passes bills by a single majority of
votes ( the number of affirmative votes
exceeds the number of negative votes) in the
presence of at least half of the statutory
number of deputies.

*Voting
Then the Marshall of the Sejm submits the bill to the Senate.
The procedure of examining bills by the Senate is regulated by
the Constitution of the Republic of Poland and the rules and
Regulations of the Senate.
Having received a bill the Marshal of the Senate refers it to the
relevant Senate committees which examine it within 18 days.
A debate and voting take place within the deadline specified by
the Marshall of the Senate. It takes place at the Senate session
and the Senate adopts a resolution.
The resolution may include a motion to accept it without
amendments or reject it or introduce amendments.
Then it is passed to the Sejm.
The Sejm may reject the Senate’s amendments,
as well as the motion to reject the bill by
absolute majority of votes (the number of
affimative votes exceedes the number of
negative votes and absences). If there is no
absolute majority, the final text of the bill will
include the Senate’s amendments.
When the position of the Senate is considered,
the Marshal od the Sejm refers the bill to the
President of the Republic for signature. The
President of the Republic of Poland signs the bill
within 21 days following its submission and
orders promulgation in the Journal of Laws
(Dziennik Ustaw). The promulgation is necessary
for the bill to become a binding law.

*President’s signature