An outline of civil law WK-N-ZPC2
Description of the subject
Topics:
Topics of the lectures include legal interpretation of specific issues of the civil law.
Therefore, the scope of lectures contains:
Co-ownership (notion, kinds, shares of co-owners, management of common property, using properties, expiration of co-ownership). Means and forms or property protection. Content and execution of perpetual usufruct (subject and objects, effects of expiration). Limited property laws (notion, types, kinds, modification of content, resolving of a collision, expiration of rights, protection). Notion and subject of usufruct (generation and cessation, authorized entities, division, timesharing). Content and execution of servitude (notion, kinds, generation and expiration, modification of content). Co-operative housing right (function, content). Legal security of debts (mortgage vs. lien, subject, content, kinds, legal status of the entitled, expiration of rights). General characteristics of ownership (notion, kinds, co-ownership, acquisition and loss of ownership, presumptions related to ownership, protection). Legal regulation of real estate registers (system, content, legal and material principles).
Essence and sources of liabilities. Notion and kinds of benefits. Liability. Change of debtor or creditor. Execution on liabilities. Non-execution or improper execution of liabilities. Effects of non-execution of liabilities. Responsibility and its kinds. Baseless enrichment. Illegal acts. Protection of creditors in the case of debtor’s insolvency. Contracts as sources of liabilities. Liberty of entering contracts and its limitations. Structure and form of contracts. Elementary contractual clauses, additional reservations, ways to resolve disputes.
Evaluation methods: The prerequisite for passing is the positive result of the oral examination. The examination covers the theory and the knowledge of cases.
Bibliography
Literature
Sources:
1. The Constitution of the Republic of Poland dated 2nd of April 1997, Journal of Laws No 78, entry 483 with amendments;
2. Act of April 23th, 1964, Civil Code, Journal of Laws No 16, entry 93 with amendments;
3. Act of November 17th, 1964, Code of Civil Proceedings, Journal of Laws No 43, entry 296 with amendments;
4. Act of July 6th, 1982, on mortgage and real estate registers, Journal of Laws;
5. Act of February 4th, 1994, Geological and mining law, Journal of Laws;
6. Act of March 2nd, 2000, on protection of selected rights of consumers and on responsibility for damage done by a hazardous product, Journal of Laws;
7. Act of December 15th, 2000, on housing cooperatives, Journal of Laws of 2003, no 119, entry 1116 with amendments;
8. Act of June 21st, 2001, on tenants’ rights protection, housing reserves of a community, and modification of the Civil Code, Journal of Laws No 71, entry 733 with amendments;
9. Act of July 18th, 2001, Water Law, Journal of Laws;
10. Act of February 28th, 2003, Bankruptcy and reparation law; act of October 29th, 1997,
Journal of Laws;
11. Act of July 28th, 2005, on court fees in civil trials, Journal of Laws No 167, entry 1398 with amendments;
Literature:
1. A. Bieranowski, P. Bogdalski, M. Goettel, The civil law. An outline of a lecture, M. Goettel (ed.), Warsaw 2009;
2. M. Nazar, T. A. Fiłipiak, J. Mojak, E. Niezbecka, The outline of the civil law, Lublin 2005;
3. Wolter A., Ignatowicz J., The civil law. The general part;
4. Radwański Z., The civil law - the general part; Warsaw 2002
5. Ignatowicz J., Stefaniuk K., The property law;
6. Doliwa A., The property law, Warsaw 2004;
7. Gniewek E., The property law, Warsaw 2003;
8. W. Czachórski, A. Brzozowski, M. Safjan, E. Skowrońska - Bocian, Liabilities. The outline of the lecture, Warsaw 2007;
Supplementary literature:
1. Rudnicki S., The comment to the civil code. Volume two. Owneship and other property rights, Warsaw 2005;
2. Rudnicki S., The comment to the act on mortgage and real estate registers and to proceedings related to real estate registers, Warsaw 2005;
3. Doliwa A., The housing law. Commentary, Warsaw 2005.
4. Z. Radwański, A. Olejniczak, Liabilities. The general part, Warsaw 2005;
5. Z Radwański, J. Panowicz - Lipska, Liabilities. The specific part, Warsaw 2004;
6. Radwański Z., Zieliński M., Comments de lege ferenda about general clauses in the private law, „Przegląd Legislacyjny" 200l/nr 2;
7. Granecki P., Personal goods in the Polish law – problems of personal goods of legal entities, PS 2002/no 5;
8. Radwański Z., Subjects of the civil law in the light of the civil code modified with the act of February 14th, 2003, PS 2003/nr 7-8;
9. Leszczyński L., Application of general reference clauses, Cracow 2000;
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: