Basics of Law (1)

Phd Edyta Figura-Góralczyk

Chair of Civil, Commercial and International Private Law
E-mail:
edyta.figura-goralczyk@uek.krakow.pl
consultations:
- e-card (Building of Library room 412A)
- e-consultations
 Content of lecture

1) The concept of law and the principles of the

application and interpretation of law;
2) Elements of Constitutional law;
3) Elements of Civil law;
4) Elements of Criminal law;
5) Elements of Administrative law.
 Literature
In English:
Basic literature:
S. Frankowski, Introduction do Polish Law, Hague 2008.

Additional literature:
W. Dajczak, A. Szwarc, P. Wiliński, Handbook of Polish Law,
Warszawa 2011.

In Polish basic literature:

B. Gnela (red.), Podstawy prawa dla ekonomistów, Warszawa
2018.
 Legal acts
1) Regulation (EC) No 593/2008 of the European Parliament and
of the Council of 17 June 2008 on the law applicable to contractual
obligations (Rome I) OJ L 177, 4.7.2008, p. 6–16
https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32008R0593&from=EN
2) Regulation (EC) No 864/2007 of the European Parliament and of
the Council of 11 July 2007 on the law applicable to non-
contractual obligations (Rome II) OJ L 199, 31.7.2007, p. 40–49
https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32007R0864&from=en
 Legal acts
1) THE CONSTITUTION OF THE REPUBLIC OF POLAND
(in English:
http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm)
( KONSTYTUCJA RZECZYPOSPOLITEJ POLSKIEJ z dnia 2 kwietnia
1997 r. in Polish http://www.lex.uek.krakow.pl/ )
2) Polish Civil Code
(translation into English: T. Bil, A. Broniek, A. Cincio, M. Kiełbasa ,
Civil Code, Warsaw 2011)
(USTAWA z dnia 23 kwietnia 1964 r. KODEKS CYWILNY in Polish
http://www.lex.uek.krakow.pl/ )
 Legal acts
3) Polish Penal Code
in English: https://www.imolin.org/doc/amlid/Poland_Penal_Code1.pdf
(USTAWA z dnia 6 czerwca 1997 r. Kodeks karny in Polish
http://www.lex.uek.krakow.pl/ )
4) Polish Code of Administrative Proceedings
(Translation into English: M. Bifkowska, A. Chełchowski, R. A.
Walawender, The Code of Administrative Proceedings, Warszawa 2010).
(USTAWA z dnia 14 czerwca 1960 r. Kodeks postępowania
administracyjnego in Polish http://www.lex.uek.krakow.pl/ )
 Conditions of credit
(get a pass)
Obligatory:
Final exam
30 questions, single-choice test (questions with 4 answers)

Optional:
During lectures Students may get up to 5 points that are added to
the points gained during the final exam. In order to do it Students
may take part in case study or prepare oral presentation.

Personal presence during lecture is not obligatory to pass the

subject Basics of Law.
The concept of law and the
principles of the application
and interpretation of law
 Functions of law

The most important functions of law:

- regulation of behavior;
- distribution of goods and burdens;
- conflict regulation;
 Law and morality

What is the difference between

law and morality?
 Law and morality

Law Morality
1) Law is created by 1) Morality is not created
legislator. by any authority.
2) There is a sanction for 2) For violating morality
violating law. rule there is no legal
3) Law concerns only sanction.
external behaviors. 3) Morality concerns not
4) Subjects of law are only behaviors but also
human beeings but also thoughts.
organisations. 4) Subjects of morality are
only human beeings.
Scopes of law and
morality

law
morality
Law and morality

Law Morality
 Norm and provision

What is the
difference between
norm and provision?
 Provision

A provision is a unit in a legal act.

For example:
Article
Paragraph
Section
Point
 Norm

Legal norms are binding rules of

conduct established by the state
authority in a proper legislative
procedure .
 Interpretation of law

Interpretation is the process by which courts or

other state organ as well as each person applying
legal provisions determines the meaning of
particular norm on the basis of legal provision (or
legal provisions).
 Interpretation of law

There are three basic groups of interpretation

directives:
1) literal;
2) systematic;
3) teleological.
 Interpretation of law

Literal interpretation is based on the wording of the

legal acts. This type o interpretation is preferred
because it provides the highest level of legal
certainty.
 Literal interpretation
- Clear privisions are not to be interpreted (clara
non sunt interpretanda)
- Argument a fortiori
- if the legal provision states, that it is allowed
to do more, we conclude that it is allowed also
less;
-if the legal provision states, that it is not
allowed to do less, we conclude that it is not
allowed to do more;
- Argument a contrario
- Reasoning for purpose
 Interpretation of law

Systematic interpretation involves rules of

interpretation basing on the context of
provisions and the structure of legal act (or
legal acts).
It is based on the assumption that the activity
of legislation is planned and logic.
 Interpretation of law

Teleological interpretation is based on the

purpose of the legal provision and legal act in
which the provision is regulated.
It refers to the substantive basis of the
regulation that were adopted for its
introduction (values that are to be
protected).
 The next lecture
Next lecture consists of:
- the continuation of concept of law and the principles of
the application and interpretation of law.

Please bring Rome I Regulation and Rome II Regulation.

Additional: please think about the subject of oral

presentations.