rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700The Obligation of Marital Fidelity in the Context of New Technologieshttps://sciendo.com/article/10.15290/bsp.2025.30.01.08<abstract> <title style='display:none'>Abstract</title> <p>This article discusses the issue of understanding the obligation of marital fidelity in the context of the development of new technologies that enable the establishment of extramarital relationships online, as well as creating wide opportunities for sexual satisfaction outside marriage, also using artificial intelligence and robots specially created for this purpose. The provision of the Polish Family and Guardianship Code, according to which spouses are obliged to be faithful to each other, is of a general nature and does not list examples of violations of this obligation. However, the case law specifies that the obligation of fidelity also includes the obligation to maintain mutual loyalty and honesty. The author analyses whether extramarital forms of relationship in which there is no physical contact may constitute a violation of the obligation of fidelity and thus constitute a premise in divorce proceedings justifying the attribution of the fault of the breakdown of a marriage to the spouse maintaining such relationships.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.082025-04-04T00:00:00.000+00:00The Family in the Italian Legal System: Civil Models and Income Taxationhttps://sciendo.com/article/10.15290/bsp.2025.30.01.05<abstract> <title style='display:none'>Abstract</title> <p>In the Italian legal system, the taxation of family income has undergone profound changes over the years, in line with the economic-social balances that characterized the original structure and subsequent evolution of the family, a term for which there is no univocal definition. The family today can be founded on marriage, civil union or de facto cohabitation; the first two models, by attributing the <italic>status familiae</italic> to the partners, identify the family aggregation as a place of production of wealth as well as affection and, therefore, an expression of ability to pay, with consequent relevance also on a tax level; the third model, rising to a mere fact resulting in significant effects on a legal level, instead has a completely marginal fiscal discipline. This essay, starting from an analysis of the choices made within the OECD and from the diachrony of the sources of Italian law, examines critical issues in the current legislation from a proactive perspective, from which, despite the warnings expressed on more than one occasion by the Judge of Laws on the basis of Italian constitutional principles, the lack of an organic tax regime designed for families becomes evident, the system being based on an atomistic vision of interpersonal relationships.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.052025-04-04T00:00:00.000+00:00Protection of the Rights of Minor Patients in the Light of the Requirements of the Document on ‘Standards for the Protection of Minors’https://sciendo.com/article/10.15290/bsp.2025.30.01.13<abstract> <title style='display:none'>Abstract</title> <p>From 15 August 2024, institutions providing healthcare services where children are or may be present are required to introduce an additional mandatory document, the so-called Standards for the Protection of Minors. The essence of this document is to ensure the safety of a minor patient in relations with the entity’s staff, other minor patients and persons close to them. The legislature’s idea was to indicate the principles determining safe contact with a minor and the procedures for responding in any situation of suspicion that a child is being harmed. Unfortunately, the universal scheme set out by the Act is difficult to implement to the same extent in every institution; it therefore requires adaptation to the specifics of its activity. It also requires taking into account the risks that may occur in a given place and the provisions regulating the activity of the entity and its internal regulations. This article aims to present selected problems noticed during the development and introduction of the document on standards for the protection of minors in medical institutions.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.132025-04-04T00:00:00.000+00:00The New Polish Act on Family Foundations: A Comparative Study of Foundations in Poland and Other European Countrieshttps://sciendo.com/article/10.15290/bsp.2025.30.01.06<abstract> <title style='display:none'>Abstract</title> <p>This article presents a new regulation on family wealth management recently adopted in Poland and compares it with the solutions adopted in relevant legislation in other states, particularly German-speaking countries, with a special focus on German law. This comparative analysis starts with a retrospective look at the development of regulations on foundations in Poland leading to the adoption of the Act on Family Foundations, and subsequently examines the regulations currently binding in Germany, Austria and Luxembourg, aiming at pinpointing the basic similarities as well as differences in the way foundations are approached by legislators in Poland and other European (mostly German-speaking) countries. It also points out the main difference that characterises Polish family foundations, which, rather than serving charitable purposes, are predominantly if not only intended to manage and preserve family wealth.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.062025-04-04T00:00:00.000+00:00The Embryo’s Capacity to Inherithttps://sciendo.com/article/10.15290/bsp.2025.30.01.12<abstract> <title style='display:none'>Abstract</title> <p>Only those who are alive at the time of the opening of a succession, i.e. at the time of the testator’s death, have the capacity to inherit. A child conceived at the opening of the succession also has the capacity to inherit if it is born alive (<italic>nasciturus</italic>). There is a continuing debate in legal science as to whether, in the case of assisted reproduction techniques (MAP), an embryo should also be considered as such a <italic>nasciturus</italic> prior to its transfer into the mother’s body. This article demonstrates that there are no normative reasons in Polish law to differentiate the legal situation of a child depending on whether the death of the person from whom it can inherit occurred before or after the implantation of the embryo into the mother’s body. The legislature has not chosen to modify the principle that it is the moment of conception of the child, and not any other, that determines the beginning of the capacity to inherit. The practical diffi culties that may arise for the succession proceedings from the fact that the embryo may remain outside the mother’s body for a very long time are not of such a nature as to override the need for the child’s interest. However, a statutory regulation of this issue should be advocated.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.122025-04-04T00:00:00.000+00:00From Social Invisibility to Legal Recognition: Same-Sex Partnership in Latviahttps://sciendo.com/article/10.15290/bsp.2025.30.01.01<abstract> <title style='display:none'>Abstract</title> <p>The authors offer a deep insight into the recent development of same-sex partnership regulation in Latvia. The judgments of the Constitutional Court of 12 November 2020 and 8 April 2021 required the guarantee of legal, social and economic protection for same-sex families and respect for their human dignity. In response to these judgments, the Saeima adopted same-sex partnership legislation on 9 November 2023. The authors analyse the content of these regulations and the previous legislative discussions that led to the adoption of this law. The implementation of the Constitutional Court judgments was ensured by the administrative courts in specific cases even before the Saeima adopted the relevant laws. According to the judgment of the Supreme Court of 10 December 2021, the administrative courts began to recognize same-sex families legally. Relevant case law is also analysed in this article.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.012025-04-04T00:00:00.000+00:00Protection of the Family in Latvia: Recent Developmentshttps://sciendo.com/article/10.15290/bsp.2025.30.01.02<abstract> <title style='display:none'>Abstract</title> <p>This article examines the development of the understanding of the concept of the family in Latvia during the last few years, and reflects the contribution made by the Constitutional Court of the Republic of Latvia to the development of this concept. The article analyses the judgment of the Constitutional Court of 12 November 2020 (case no. 2019–33-01), in which the legislature was determined to regulate the legal relations of same-sex partners (families) and provide for the economic and social protection of all families. The article outlines the problems that were encountered during the execution of this judgment and the constitutional mechanisms with which the conservative parties represented in the Parliament tried to delay the entry into force of the law. Finally, the authors reflect on the changes in the regulatory acts that entered into force on 1 July 2024 introducing the regulation of partnership relations in Latvia, i.e. providing that adult persons will be allowed to register their partnership or cohabitation in accordance with the procedure established by law (a right which will apply also to same-sex partners). Thus, by registration of their partnership, individuals will enjoy wider social protection in various aspects, such as the other partner’s ability to make decisions about the treatment of the partner injured in an accident, the partner’s right to receive support from the state or municipality in cases specified by law, more favourable provisions regarding inheritance processes, taxes, etc.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.022025-04-04T00:00:00.000+00:00The Use of Artificial Intelligence Algorithms in Face Recognition to Determine Phenotypic Similarity in Medically Assisted Procreation Procedureshttps://sciendo.com/article/10.15290/bsp.2025.30.01.14<abstract> <title style='display:none'>Abstract</title> <p>The considerations presented here cover one aspect of the use of AI algorithms in the process of establishing phenotypic similarity between a cell donor or embryo donors and those interested in parenthood and the child. The Infertility Treatment Act does not expressly exclude the use of AI algorithms, which may help to achieve the goal of phenotypic similarity but may, contrary to the intention of the legislature, serve to disclose the data of a person or persons to whom the Act, by design, provides anonymity. The authors analyse the acceptability of using images of donor reproductive cells and the use of AI algorithms to establish phenotypic similarity. Both benefits and potential risks remain under consideration.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.142025-04-04T00:00:00.000+00:00The Family in a Net: On the Direction of Normative Changes in Family Lawhttps://sciendo.com/article/10.15290/bsp.2025.30.01.07<abstract> <title style='display:none'>Abstract</title> <p>This article is about the network issue and the location of the family within it. Based on research conducted in public management, it was proposed to approach the legal protection system of the family and the child as a judicial inter-organizational network. This is understood as a set of individuals, organizations and institutions connected by a system of relations, integrated by a family court, that focus on activities that protect and support the family. The argument assumes that the administrative process contributes to the construction of a network understood in this way, perceived as a manifestation of the legal system’s evolution towards blurring the boundaries dividing its area, especially the public and private spheres. Due to the lack of definitions of the concept in family law, its meaning and manifestations in various areas of law are indicated. An attempt is then made to show the administrative process in family law. Axiological and functional considerations justify the outlined direction of changes in the law, which are associated with the need to build relationships between the links in a network based on cooperation. Building and tightening the family support network can improve the justice system’s effectiveness in family and care matters.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.072025-04-04T00:00:00.000+00:00The Status of a Child Who Is a European Union Citizen in the Light of the Right of Residence under Article 20 TFEUhttps://sciendo.com/article/10.15290/bsp.2025.30.01.11<abstract> <title style='display:none'>Abstract</title> <p>In its recent judgment (C-420/22 NW and C-528/22 PQ of 24 April 2024), the EU Court of Justice once again referred to the concept of ‘deprivation of the substance of the rights conferred by citizenship of the Union’ in the context of a possible obligation of a minor EU citizen to leave the territory of the Union if a right of residence is not granted to a third-country national who is a family member of that citizen. This paper proposes looking into the legal situation of minor EU citizens and their parents who are third-country nationals through the lens of the concept of EU citizenship. It aims to analyse the judgments of the EU Court of Justice, starting with the case of <italic>Ruiz Zambrano</italic>. What all of them have in common is that all of the parties in the proceedings before national courts are third-country nationals and parents to children who are EU citizens. These judgments helped clarify and systematize both the children’s and the parents’ situations, with important implications for the scope of their rights. The paper thus proposes the systematization of several issues, e.g. the scope of the ‘essence of rights’, its possible limitations, the consequences for both EU and non-EU citizens, the notion of dependence, the obligation to have suffi cient resources and the importance of fundamental rights. The methodology includes an analysis of Court of Justice case law, with special consideration of the facts of cases before national courts, as well as a critical reading of the relevant literature.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.112025-04-04T00:00:00.000+00:00The Right of the Child to Be Vaccinated as Derived from the Right to Life: The Perspective of Polish Public Lawhttps://sciendo.com/article/10.15290/bsp.2025.30.01.15<abstract> <title style='display:none'>Abstract</title> <p>This article examines the debate surrounding the right to vaccination in the context of increasing vaccine hesitancy. The study posits that children’s right to vaccination results from their fundamental right to life. The first section explores the normative expansion of human rights and the implications of recognizing children’s vaccination as a right. The second section assesses the potential consequences of the recognition of the child’s right to be vaccinated as being derived from the right to life. The final section analyses Polish legislation on mandatory vaccinations for children, evaluating its effectiveness in protecting the right. The paper concludes that the recognition of children’s right to be vaccinated requires legal protections comparable to those for the right to life, highlighting vaccination’s critical role in safeguarding individual and public health, and that Polish law needs to be more effective in protecting the child’s right to be vaccinated.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.152025-04-04T00:00:00.000+00:00The Legal Position of Children of Same-Sex Parents in Poland and the Netherlands: A Discussion of Opposing Approacheshttps://sciendo.com/article/10.15290/bsp.2025.30.01.03<abstract> <title style='display:none'>Abstract</title> <p>This paper presents two different approaches to the regulation of legal parent–child relationships in the case of same-sex couples. The Polish legal framework can be qualified as traditional and grounded in hetero and cisnormativity. The Dutch family code is grounded in the same heteronormative approach but has evolved over the past decades into a more liberal and inclusive framework; however, its heteronormative foundation is still visible. Both case studies reflect the unruly character of everyday life, in which the legal regulation of family relations is continuously put to the test, resulting in exclusions and in particular vulnerable positions for children born into other than opposite-sex relationships. In Poland such situations do not just occur when same-sex couples decide to raise a family despite the absence of a protective legal framework; transgender parents who change their legal gender marker and Polish immigrants with foreign documents also present complex questions issues to the authorities. In the Netherlands the heteronormative foundation of family law is reflected in, for example, the fact that if a child was conceived with the semen of a known donor, only male married or registered partners of the woman who gives birth will automatically become the child’s legal parent. The aim of this paper, which presents two case studies, is to provide an incentive for rethinking the current legal systems, so as to better protect all children, regardless of their parents’ sex or gender, and thus strengthen respect for and implementation of the rights of children born from same-sex relationships.<sup>1</sup></p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.032025-04-04T00:00:00.000+00:00The Judgment in the Case of Przybyszewska and Others v. Poland against the Background of the ECtHR’s Jurisprudence in Cases of Same-Sex Coupleshttps://sciendo.com/article/10.15290/bsp.2025.30.01.04<abstract> <title style='display:none'>Abstract</title> <p>On 12 December 2023, the European Court of Human Rights issued a judgment ordering Poland to institutionalize relationships between same-sex couples. This judgment was a consequence of a well-established line of jurisprudence and the application of the evolutionary doctrine of interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms as a living instrument. The judgment in <italic>Przybyszewska and Others v. Poland</italic> is the first in this matter issued in relation to Poland, and the next in which the court’s line of jurisprudence on the issue of same-sex couples has been defined. It is an important signal for such couples in Poland and indicates the existence of a general Strasbourg standard developed in recent years. In the judgment issued in relation to Poland, the European Court of Human Rights explicitly stated that the current legal status in the country in relation to same-sex couples does not meet the Strasbourg minimum specified in Article 8 of the European Convention on Human Rights and Fundamental Freedoms. It took the European Court of Human Rights three decades to extend protection to cohabiting couples under the right to family life, and another three to adopt the obligation to legally recognize and protect same-sex unions. The ECtHR judgment in <italic>Przybyszewska and Others v. Poland</italic> is a milestone in Polish family law, although some see it rather as a stone that broke the framework of the traditional family protection system.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.042025-04-04T00:00:00.000+00:00Comments on the Need for Immediate Child Maintenance Benefitshttps://sciendo.com/article/10.15290/bsp.2025.30.01.10<abstract> <title style='display:none'>Abstract</title> <p>The legal system in Poland aims to guarantee the protection of a child’s non-material and property interests. To this end, guided by the principle of the child’s welfare, the Family and Guardianship Code regulates the institution of child maintenance. The task of this institution is to provide the child with the right conditions for his / her growth and development. Maintenance can take the form of cash or the personal efforts of the parents to raise the child. However, life experience shows that most often, a parent’s maintenance obligation to a child is carried out in the form of transferring money. Nevertheless, the child’s receipt of maintenance payments from a parent involves lengthy court proceedings; this in turn threatens the economic security of the child. For this reason, this article undertakes a consideration of the need to introduce immediate maintenance payments into the Polish legal system; the author refers not only to the existing position of the doctrine, but also to the solutions existing in German law. The entire consideration is based on the presentation of the state <italic>de lege lata</italic> and the formulation of postulates <italic>de lege ferenda</italic>.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.102025-04-04T00:00:00.000+00:00The Participation of a Professional Lawyer in Dissolving a Marriage before a Notary: Proposals for the Polish Legislaturehttps://sciendo.com/article/10.15290/bsp.2025.30.01.09<abstract> <title style='display:none'>Abstract</title> <p>This article addresses a contemporary challenge of family law, which is the legitimacy of regulating the possibility of dissolving a marriage before a notary public. Particular attention is paid to the issues concerning the advisability of the participation of a professional lawyer in the activities undertaken before a notary public. Among other things, an answer is given to the question of whether the appearance of spouses at the notary public for the dissolution of marriage would obligatorily require the participation of a professional lawyer or legal counsel for each spouse. In this regard, reference is also made to the regulations in force in selected countries.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.15290/bsp.2025.30.01.092025-04-04T00:00:00.000+00:00Three Waves of FinTech Innovations and Their Implications for Financial Frauds and Anomalieshttps://sciendo.com/article/10.2478/irfc-2024-0005<abstract> <title style='display:none'>ABSTRACT</title> <p>The main objectives of this study are two-fold: first, to survey the technological innovations adopted in the financial service sector during the last three decades, commonly termed as FinTech, by categorizing them into three waves; and, to elaborate their implications for combating financial frauds and abusive intermediation practices. To that end, the paper also documents a sample of real-world cases observed in Korea and other countries which demonstrate the fraudulent and problematic practices in trading financial products that harm the welfare of financial consumers. Given these discussions, the paper elaborates three sets of remedies to deal with the anomalies, i.e., combating the financial fraudsters, overseeing the abusive intermediaries, and nudging financial consumers to make sound decisions.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/irfc-2024-00052025-04-04T00:00:00.000+00:00Towards Better Data for Better Development Outcomes: A “lean” DFL survey tool to measure digital and financial literacy globallyhttps://sciendo.com/article/10.2478/irfc-2024-0008<abstract> <title style='display:none'>ABSTRACT</title> <p>The rapid development and increasing reach of digital platforms for financial products and services provides great potential for better mechanisms for those considered “left behind” in a changing world to access and use new tools for economic development. However, a lack of current data on digital and digital financial knowledge and competencies, particularly in the Pacific region, means that developing targeted data-based interventions can be difficult. To fill the data gap, the United Nations Capital Development Fund (UNCDF) and Tebbutt Research implemented a lean digital and financial literacy survey (DFL survey) in six Pacific countries and Timor-Leste in 2022 and 2023, which resulted in findings that provide a baseline as well as information to be used by policy makers, development practitioners and financial service providers to better target low-income and underserved clients.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/irfc-2024-00082025-04-04T00:00:00.000+00:00What does numeracy add? Exploring financial literacy, numeracy and other skills amongst low-income adults in Canada and the UKhttps://sciendo.com/article/10.2478/irfc-2024-0007<abstract> <title style='display:none'>ABSTRACT</title> <p>There has been surprisingly little research about the role of numeracy in adult financial literacy, and the few existing studies available lead to contradictory findings. This paper takes a qualitative approach to explore the extent to which low-income adults in high-income economies use financial literacy and numeracy in their financial lives. Financial literacy is assessed in terms of three domains -- ‘keeping track’; ‘making ends meet’ and ‘staying informed’ -- via semi-structured interviews and background information on participants. Participants are also categorised into three groups based on discussion about their numeracy: ‘formally capable’, ‘informally capable’, and ‘uncomfortable’. Some participants exhibit elements of financial literacy but little or numeracy. There is no evidence that numeracy is essential, but having a variety of skills to draw on, potentially including numeracy, appears to be beneficial for low-income adults. The research contributes to the literature in two ways. It provides deeper understanding of the role of numeracy and also identifies two additional skillsets which appear to benefit low-income adults: digital skills and the ability to communicate clearly and advocate for oneself.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/irfc-2024-00072025-04-04T00:00:00.000+00:00Using Defaults to Enhance Adoption of Lifetime Income in Defined Contribution Planshttps://sciendo.com/article/10.2478/irfc-2024-0006<abstract> <title style='display:none'>ABSTRACT</title> <p>Most 401(k) participants accumulate wealth for retirement in qualified default investment alternatives (QDIAs) such as target date funds that are designed to provide a life cycle appropriate mix of stocks and bonds for accumulation. Shifting a portion of savings to an annuity would allow retirees to spend more each year by delegating longevity risk to an insurer. The 2019 SECURE Act increases protections to plan sponsors who incorporate annuities into a QDIA, but adoption has been surprisingly slow resulting in low rates of lifetime income protection among employees. We review barriers to adoption with the defined contribution (DC) system including liquidity requirements, product design, and the need for active election of an annuity. We suggest three solutions to reduce these barriers. Defaults that include an annuity option are currently designed to require an active choice to receive lifetime income at retirement by participants. Evidence from other countries and participant surveys suggest that a high percentage would select some allocation to an annuity. Second, product innovation that allows participants access to liquidity with an automatic lifetime income benefit may be easier to implement than full annuitization. Care should be taken to design a product that is unlikely to be misused by less knowledgeable participants. Third, a regulatory entity that oversees commutation among insurers offering annuities within DC plans can reduce risks related to liquidity and the transfer of income liabilities to lower-rated insurance companies.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/irfc-2024-00062025-04-04T00:00:00.000+00:00Judicial Administration 4.0: strengths, challenges and opportunities of a proactive approach to AI regulation in Spainhttps://sciendo.com/article/10.2478/bjes-2025-0007<abstract> <title style='display:none'>Abstract</title> <p>The use of predictive artificial intelligence (AI) has profoundly transformed research on criminal procedures and the operations of judicial bodies, particularly in areas such as predictive surveillance and investigations. Generative AI has also emerged, further automating the administration of justice by enabling judicial decisions to rely on data generated through intelligent chat systems, and even incorporating robot judges. This evolution can be termed Judicial Administration 4.0. This paper discusses the benefits of predictive AI tools in crime prevention, investigation and the criminal process alongside the advantages of generative AI for enhancing judicial efficiency. It also examines the risks associated with these technologies from a proactive law perspective, addressing concerns about citizens’ fundamental rights and proposing meditated regulatory measures to mitigate these risks while promoting compliance. By highlighting AI’s transformative impact on traditional judicial activities, this study further aims to assess whether the potential risks necessitate binding regulations or whether codes of conduct (soft law) are sufficient.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/bjes-2025-00072025-04-02T00:00:00.000+00:00en-us-1
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<value><abstract> <title style='display:none'>Abstract</title> <p>From 15 August 2024, institutions providing healthcare services where children are or may be present are required to introduce an additional mandatory document, the so-called Standards for the Protection of Minors. The essence of this document is to ensure the safety of a minor patient in relations with the entity’s staff, other minor patients and persons close to them. The legislature’s idea was to indicate the principles determining safe contact with a minor and the procedures for responding in any situation of suspicion that a child is being harmed. Unfortunately, the universal scheme set out by the Act is difficult to implement to the same extent in every institution; it therefore requires adaptation to the specifics of its activity. It also requires taking into account the risks that may occur in a given place and the provisions regulating the activity of the entity and its internal regulations. This article aims to present selected problems noticed during the development and introduction of the document on standards for the protection of minors in medical institutions.</p> </abstract></value>
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<title>The New Polish Act on Family Foundations: A Comparative Study of Foundations in Poland and Other European Countries</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.06</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>This article presents a new regulation on family wealth management recently adopted in Poland and compares it with the solutions adopted in relevant legislation in other states, particularly German-speaking countries, with a special focus on German law. This comparative analysis starts with a retrospective look at the development of regulations on foundations in Poland leading to the adoption of the Act on Family Foundations, and subsequently examines the regulations currently binding in Germany, Austria and Luxembourg, aiming at pinpointing the basic similarities as well as differences in the way foundations are approached by legislators in Poland and other European (mostly German-speaking) countries. It also points out the main difference that characterises Polish family foundations, which, rather than serving charitable purposes, are predominantly if not only intended to manage and preserve family wealth.</p> </abstract></value>
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<pubDate>2025-04-04T00:00:00.000+00:00</pubDate>
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<title>The Embryo’s Capacity to Inherit</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.12</link>
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<description>
<type/>
<value><abstract> <title style='display:none'>Abstract</title> <p>Only those who are alive at the time of the opening of a succession, i.e. at the time of the testator’s death, have the capacity to inherit. A child conceived at the opening of the succession also has the capacity to inherit if it is born alive (<italic>nasciturus</italic>). There is a continuing debate in legal science as to whether, in the case of assisted reproduction techniques (MAP), an embryo should also be considered as such a <italic>nasciturus</italic> prior to its transfer into the mother’s body. This article demonstrates that there are no normative reasons in Polish law to differentiate the legal situation of a child depending on whether the death of the person from whom it can inherit occurred before or after the implantation of the embryo into the mother’s body. The legislature has not chosen to modify the principle that it is the moment of conception of the child, and not any other, that determines the beginning of the capacity to inherit. The practical diffi culties that may arise for the succession proceedings from the fact that the embryo may remain outside the mother’s body for a very long time are not of such a nature as to override the need for the child’s interest. However, a statutory regulation of this issue should be advocated.</p> </abstract></value>
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<title>From Social Invisibility to Legal Recognition: Same-Sex Partnership in Latvia</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.01</link>
<uri/>
<description>
<type/>
<value><abstract> <title style='display:none'>Abstract</title> <p>The authors offer a deep insight into the recent development of same-sex partnership regulation in Latvia. The judgments of the Constitutional Court of 12 November 2020 and 8 April 2021 required the guarantee of legal, social and economic protection for same-sex families and respect for their human dignity. In response to these judgments, the Saeima adopted same-sex partnership legislation on 9 November 2023. The authors analyse the content of these regulations and the previous legislative discussions that led to the adoption of this law. The implementation of the Constitutional Court judgments was ensured by the administrative courts in specific cases even before the Saeima adopted the relevant laws. According to the judgment of the Supreme Court of 10 December 2021, the administrative courts began to recognize same-sex families legally. Relevant case law is also analysed in this article.</p> </abstract></value>
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<title>Protection of the Family in Latvia: Recent Developments</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.02</link>
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<description>
<type/>
<value><abstract> <title style='display:none'>Abstract</title> <p>This article examines the development of the understanding of the concept of the family in Latvia during the last few years, and reflects the contribution made by the Constitutional Court of the Republic of Latvia to the development of this concept. The article analyses the judgment of the Constitutional Court of 12 November 2020 (case no. 2019–33-01), in which the legislature was determined to regulate the legal relations of same-sex partners (families) and provide for the economic and social protection of all families. The article outlines the problems that were encountered during the execution of this judgment and the constitutional mechanisms with which the conservative parties represented in the Parliament tried to delay the entry into force of the law. Finally, the authors reflect on the changes in the regulatory acts that entered into force on 1 July 2024 introducing the regulation of partnership relations in Latvia, i.e. providing that adult persons will be allowed to register their partnership or cohabitation in accordance with the procedure established by law (a right which will apply also to same-sex partners). Thus, by registration of their partnership, individuals will enjoy wider social protection in various aspects, such as the other partner’s ability to make decisions about the treatment of the partner injured in an accident, the partner’s right to receive support from the state or municipality in cases specified by law, more favourable provisions regarding inheritance processes, taxes, etc.</p> </abstract></value>
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<title>The Use of Artificial Intelligence Algorithms in Face Recognition to Determine Phenotypic Similarity in Medically Assisted Procreation Procedures</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.14</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>The considerations presented here cover one aspect of the use of AI algorithms in the process of establishing phenotypic similarity between a cell donor or embryo donors and those interested in parenthood and the child. The Infertility Treatment Act does not expressly exclude the use of AI algorithms, which may help to achieve the goal of phenotypic similarity but may, contrary to the intention of the legislature, serve to disclose the data of a person or persons to whom the Act, by design, provides anonymity. The authors analyse the acceptability of using images of donor reproductive cells and the use of AI algorithms to establish phenotypic similarity. Both benefits and potential risks remain under consideration.</p> </abstract></value>
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<title>The Family in a Net: On the Direction of Normative Changes in Family Law</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.07</link>
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<description>
<type/>
<value><abstract> <title style='display:none'>Abstract</title> <p>This article is about the network issue and the location of the family within it. Based on research conducted in public management, it was proposed to approach the legal protection system of the family and the child as a judicial inter-organizational network. This is understood as a set of individuals, organizations and institutions connected by a system of relations, integrated by a family court, that focus on activities that protect and support the family. The argument assumes that the administrative process contributes to the construction of a network understood in this way, perceived as a manifestation of the legal system’s evolution towards blurring the boundaries dividing its area, especially the public and private spheres. Due to the lack of definitions of the concept in family law, its meaning and manifestations in various areas of law are indicated. An attempt is then made to show the administrative process in family law. Axiological and functional considerations justify the outlined direction of changes in the law, which are associated with the need to build relationships between the links in a network based on cooperation. Building and tightening the family support network can improve the justice system’s effectiveness in family and care matters.</p> </abstract></value>
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<title>The Status of a Child Who Is a European Union Citizen in the Light of the Right of Residence under Article 20 TFEU</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.11</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>In its recent judgment (C-420/22 NW and C-528/22 PQ of 24 April 2024), the EU Court of Justice once again referred to the concept of ‘deprivation of the substance of the rights conferred by citizenship of the Union’ in the context of a possible obligation of a minor EU citizen to leave the territory of the Union if a right of residence is not granted to a third-country national who is a family member of that citizen. This paper proposes looking into the legal situation of minor EU citizens and their parents who are third-country nationals through the lens of the concept of EU citizenship. It aims to analyse the judgments of the EU Court of Justice, starting with the case of <italic>Ruiz Zambrano</italic>. What all of them have in common is that all of the parties in the proceedings before national courts are third-country nationals and parents to children who are EU citizens. These judgments helped clarify and systematize both the children’s and the parents’ situations, with important implications for the scope of their rights. The paper thus proposes the systematization of several issues, e.g. the scope of the ‘essence of rights’, its possible limitations, the consequences for both EU and non-EU citizens, the notion of dependence, the obligation to have suffi cient resources and the importance of fundamental rights. The methodology includes an analysis of Court of Justice case law, with special consideration of the facts of cases before national courts, as well as a critical reading of the relevant literature.</p> </abstract></value>
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<pubDate>2025-04-04T00:00:00.000+00:00</pubDate>
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<title>The Right of the Child to Be Vaccinated as Derived from the Right to Life: The Perspective of Polish Public Law</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.15</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>This article examines the debate surrounding the right to vaccination in the context of increasing vaccine hesitancy. The study posits that children’s right to vaccination results from their fundamental right to life. The first section explores the normative expansion of human rights and the implications of recognizing children’s vaccination as a right. The second section assesses the potential consequences of the recognition of the child’s right to be vaccinated as being derived from the right to life. The final section analyses Polish legislation on mandatory vaccinations for children, evaluating its effectiveness in protecting the right. The paper concludes that the recognition of children’s right to be vaccinated requires legal protections comparable to those for the right to life, highlighting vaccination’s critical role in safeguarding individual and public health, and that Polish law needs to be more effective in protecting the child’s right to be vaccinated.</p> </abstract></value>
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<title>The Legal Position of Children of Same-Sex Parents in Poland and the Netherlands: A Discussion of Opposing Approaches</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.03</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>This paper presents two different approaches to the regulation of legal parent–child relationships in the case of same-sex couples. The Polish legal framework can be qualified as traditional and grounded in hetero and cisnormativity. The Dutch family code is grounded in the same heteronormative approach but has evolved over the past decades into a more liberal and inclusive framework; however, its heteronormative foundation is still visible. Both case studies reflect the unruly character of everyday life, in which the legal regulation of family relations is continuously put to the test, resulting in exclusions and in particular vulnerable positions for children born into other than opposite-sex relationships. In Poland such situations do not just occur when same-sex couples decide to raise a family despite the absence of a protective legal framework; transgender parents who change their legal gender marker and Polish immigrants with foreign documents also present complex questions issues to the authorities. In the Netherlands the heteronormative foundation of family law is reflected in, for example, the fact that if a child was conceived with the semen of a known donor, only male married or registered partners of the woman who gives birth will automatically become the child’s legal parent. The aim of this paper, which presents two case studies, is to provide an incentive for rethinking the current legal systems, so as to better protect all children, regardless of their parents’ sex or gender, and thus strengthen respect for and implementation of the rights of children born from same-sex relationships.<sup>1</sup></p> </abstract></value>
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<title>The Judgment in the Case of Przybyszewska and Others v. Poland against the Background of the ECtHR’s Jurisprudence in Cases of Same-Sex Couples</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.04</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>On 12 December 2023, the European Court of Human Rights issued a judgment ordering Poland to institutionalize relationships between same-sex couples. This judgment was a consequence of a well-established line of jurisprudence and the application of the evolutionary doctrine of interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms as a living instrument. The judgment in <italic>Przybyszewska and Others v. Poland</italic> is the first in this matter issued in relation to Poland, and the next in which the court’s line of jurisprudence on the issue of same-sex couples has been defined. It is an important signal for such couples in Poland and indicates the existence of a general Strasbourg standard developed in recent years. In the judgment issued in relation to Poland, the European Court of Human Rights explicitly stated that the current legal status in the country in relation to same-sex couples does not meet the Strasbourg minimum specified in Article 8 of the European Convention on Human Rights and Fundamental Freedoms. It took the European Court of Human Rights three decades to extend protection to cohabiting couples under the right to family life, and another three to adopt the obligation to legally recognize and protect same-sex unions. The ECtHR judgment in <italic>Przybyszewska and Others v. Poland</italic> is a milestone in Polish family law, although some see it rather as a stone that broke the framework of the traditional family protection system.</p> </abstract></value>
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<title>Comments on the Need for Immediate Child Maintenance Benefits</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.10</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>The legal system in Poland aims to guarantee the protection of a child’s non-material and property interests. To this end, guided by the principle of the child’s welfare, the Family and Guardianship Code regulates the institution of child maintenance. The task of this institution is to provide the child with the right conditions for his / her growth and development. Maintenance can take the form of cash or the personal efforts of the parents to raise the child. However, life experience shows that most often, a parent’s maintenance obligation to a child is carried out in the form of transferring money. Nevertheless, the child’s receipt of maintenance payments from a parent involves lengthy court proceedings; this in turn threatens the economic security of the child. For this reason, this article undertakes a consideration of the need to introduce immediate maintenance payments into the Polish legal system; the author refers not only to the existing position of the doctrine, but also to the solutions existing in German law. The entire consideration is based on the presentation of the state <italic>de lege lata</italic> and the formulation of postulates <italic>de lege ferenda</italic>.</p> </abstract></value>
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<title>The Participation of a Professional Lawyer in Dissolving a Marriage before a Notary: Proposals for the Polish Legislature</title>
<link>https://sciendo.com/article/10.15290/bsp.2025.30.01.09</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>This article addresses a contemporary challenge of family law, which is the legitimacy of regulating the possibility of dissolving a marriage before a notary public. Particular attention is paid to the issues concerning the advisability of the participation of a professional lawyer in the activities undertaken before a notary public. Among other things, an answer is given to the question of whether the appearance of spouses at the notary public for the dissolution of marriage would obligatorily require the participation of a professional lawyer or legal counsel for each spouse. In this regard, reference is also made to the regulations in force in selected countries.</p> </abstract></value>
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<pubDate>2025-04-04T00:00:00.000+00:00</pubDate>
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<title>Three Waves of FinTech Innovations and Their Implications for Financial Frauds and Anomalies</title>
<link>https://sciendo.com/article/10.2478/irfc-2024-0005</link>
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<type/>
<value><abstract> <title style='display:none'>ABSTRACT</title> <p>The main objectives of this study are two-fold: first, to survey the technological innovations adopted in the financial service sector during the last three decades, commonly termed as FinTech, by categorizing them into three waves; and, to elaborate their implications for combating financial frauds and abusive intermediation practices. To that end, the paper also documents a sample of real-world cases observed in Korea and other countries which demonstrate the fraudulent and problematic practices in trading financial products that harm the welfare of financial consumers. Given these discussions, the paper elaborates three sets of remedies to deal with the anomalies, i.e., combating the financial fraudsters, overseeing the abusive intermediaries, and nudging financial consumers to make sound decisions.</p> </abstract></value>
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<title>Towards Better Data for Better Development Outcomes: A “lean” DFL survey tool to measure digital and financial literacy globally</title>
<link>https://sciendo.com/article/10.2478/irfc-2024-0008</link>
<uri/>
<description>
<type/>
<value><abstract> <title style='display:none'>ABSTRACT</title> <p>The rapid development and increasing reach of digital platforms for financial products and services provides great potential for better mechanisms for those considered “left behind” in a changing world to access and use new tools for economic development. However, a lack of current data on digital and digital financial knowledge and competencies, particularly in the Pacific region, means that developing targeted data-based interventions can be difficult. To fill the data gap, the United Nations Capital Development Fund (UNCDF) and Tebbutt Research implemented a lean digital and financial literacy survey (DFL survey) in six Pacific countries and Timor-Leste in 2022 and 2023, which resulted in findings that provide a baseline as well as information to be used by policy makers, development practitioners and financial service providers to better target low-income and underserved clients.</p> </abstract></value>
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<title>What does numeracy add? Exploring financial literacy, numeracy and other skills amongst low-income adults in Canada and the UK</title>
<link>https://sciendo.com/article/10.2478/irfc-2024-0007</link>
<uri/>
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<type/>
<value><abstract> <title style='display:none'>ABSTRACT</title> <p>There has been surprisingly little research about the role of numeracy in adult financial literacy, and the few existing studies available lead to contradictory findings. This paper takes a qualitative approach to explore the extent to which low-income adults in high-income economies use financial literacy and numeracy in their financial lives. Financial literacy is assessed in terms of three domains -- ‘keeping track’; ‘making ends meet’ and ‘staying informed’ -- via semi-structured interviews and background information on participants. Participants are also categorised into three groups based on discussion about their numeracy: ‘formally capable’, ‘informally capable’, and ‘uncomfortable’. Some participants exhibit elements of financial literacy but little or numeracy. There is no evidence that numeracy is essential, but having a variety of skills to draw on, potentially including numeracy, appears to be beneficial for low-income adults. The research contributes to the literature in two ways. It provides deeper understanding of the role of numeracy and also identifies two additional skillsets which appear to benefit low-income adults: digital skills and the ability to communicate clearly and advocate for oneself.</p> </abstract></value>
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<title>Using Defaults to Enhance Adoption of Lifetime Income in Defined Contribution Plans</title>
<link>https://sciendo.com/article/10.2478/irfc-2024-0006</link>
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<value><abstract> <title style='display:none'>ABSTRACT</title> <p>Most 401(k) participants accumulate wealth for retirement in qualified default investment alternatives (QDIAs) such as target date funds that are designed to provide a life cycle appropriate mix of stocks and bonds for accumulation. Shifting a portion of savings to an annuity would allow retirees to spend more each year by delegating longevity risk to an insurer. The 2019 SECURE Act increases protections to plan sponsors who incorporate annuities into a QDIA, but adoption has been surprisingly slow resulting in low rates of lifetime income protection among employees. We review barriers to adoption with the defined contribution (DC) system including liquidity requirements, product design, and the need for active election of an annuity. We suggest three solutions to reduce these barriers. Defaults that include an annuity option are currently designed to require an active choice to receive lifetime income at retirement by participants. Evidence from other countries and participant surveys suggest that a high percentage would select some allocation to an annuity. Second, product innovation that allows participants access to liquidity with an automatic lifetime income benefit may be easier to implement than full annuitization. Care should be taken to design a product that is unlikely to be misused by less knowledgeable participants. Third, a regulatory entity that oversees commutation among insurers offering annuities within DC plans can reduce risks related to liquidity and the transfer of income liabilities to lower-rated insurance companies.</p> </abstract></value>
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<pubDate>2025-04-04T00:00:00.000+00:00</pubDate>
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<title>Judicial Administration 4.0: strengths, challenges and opportunities of a proactive approach to AI regulation in Spain</title>
<link>https://sciendo.com/article/10.2478/bjes-2025-0007</link>
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<value><abstract> <title style='display:none'>Abstract</title> <p>The use of predictive artificial intelligence (AI) has profoundly transformed research on criminal procedures and the operations of judicial bodies, particularly in areas such as predictive surveillance and investigations. Generative AI has also emerged, further automating the administration of justice by enabling judicial decisions to rely on data generated through intelligent chat systems, and even incorporating robot judges. This evolution can be termed Judicial Administration 4.0. This paper discusses the benefits of predictive AI tools in crime prevention, investigation and the criminal process alongside the advantages of generative AI for enhancing judicial efficiency. It also examines the risks associated with these technologies from a proactive law perspective, addressing concerns about citizens’ fundamental rights and proposing meditated regulatory measures to mitigate these risks while promoting compliance. By highlighting AI’s transformative impact on traditional judicial activities, this study further aims to assess whether the potential risks necessitate binding regulations or whether codes of conduct (soft law) are sufficient.</p> </abstract></value>
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<pubDate>2025-04-02T00:00:00.000+00:00</pubDate>
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