Ochrana práv veriteľov v obchodných záväzkových vzťahoch

E-book

Milena Barinková (ed.)

Proceedings from the IV Annual Student Symposium on Labor Law held on April 5–6, 2019, in Danišovce

The term "Industrial Revolution 4.0" is currently widely used, yet remains mysterious and its content unfamiliar to many. While we do not claim omniscience, through the educational process at the Faculty of Law of Pavol Jozef Šafárik University in Košice and the scientific research of the Department of Labor Law and Social Security Law, we have delved into examining the accompanying features and anticipated phenomena of this modern industrial revolution.

It can be stated with great certainty that this revolution already affects—and will continue to affect—production processes, including radical changes in their structure, the emergence of groundbreaking technological and communication tools, and, undoubtedly, labor relations. The rise of new forms and methods of work based on automation and digitalization, applied within new models of labor relations, is beginning to threaten jobs in certain sectors of the economy. There is an increasing demand for specialized qualifications and skills, particularly in information technology, with an emphasis on process digitalization, data processing, and the creation of communication networks connecting objects and people. This intelligent industry inevitably disqualifies many existing jobs from their current structures, leading to job losses for numerous employees. Analysts openly predict that by 2030, robots will replace up to 20 million industrial jobs worldwide.

The vision of which occupations or working conditions will be impacted is becoming increasingly concrete. Radical changes will require radical solutions as well as previously unknown movements and new elements or measures in the labor market.

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E-book

Ľudmila Elbert - Ľubica Gregová Širicová (eds.)

In addition to acquiring theoretical knowledge, it is necessary to study and analyze the decisions of international judicial and arbitration bodies in order to fully understand the subject of the Public International Law or disciplines closely related to it.

Since the Slovak literature in the field of Public International Law does not contain any electronic textbook of selected decisions of international judicial and arbitration bodies, the authors of the submitted publication aim to eliminate this gap by elaborating the “Public International Law Casebook”, which will primarily be intended for undergraduate students of the law faculties in the Slovak republic and the Czech republic.

The proposed publication seeks to make the study of international law more attractive through a publication that will make students familiar with the decisions translated into the Slovak language in a popular electronic form.

Download the e-book for free (pdf)

E-book

Marcel Dolobáč - Ľuboš Dobrovič (eds.)

Reviewed Proceedings of Contributions from a Scientific Conference

This reviewed collection of contributions from the scientific e-conference Legal Language in Application Practice, held from December 3 to 21, 2018, presents various academic contributions.

Legal language, as expressed in legal norms, is specific and should ideally be unambiguous, concise, and resistant to multiple interpretations. Is this an ideal world that does not exist but is worth striving for? Interpretative challenges and ambiguities in legal language and terminology (especially in the Labour Code) led the Department of Labour Law and Social Security Law at UPJŠ in Košice to undertake the VEGA grant project No. 1/0526/17 titled Linguistic and Sanction Mechanisms in the Creation and Operation of Labour Law Norms.

As part of this grant project, the department organized an e-conference open not only to labor law specialists but also to experts from other legal fields. Unsurprisingly, interpretative issues extend beyond labor law. The contributions in this collection are thus somewhat interdisciplinary, though with a focus on labor law. We hope this collection serves as an introduction to broader research and deeper study of legal language by experts beyond legal theory. Additionally, we trust these contributions will inspire you, the readers.

Authors

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 Marcel Dolobáč a kol. 

Učebnica s názvom Vybrané otázky sociálneho práva Európskej únie prierezovo spracúva najzásadnejšie otázky pracovného práva a práva sociálneho zabezpečenia v Európskej únii. V úvodných statiach učebnice sa autori zamerali na objasnenie základnej terminológie a stručne poukazujú na vývoj sociálneho práva v Únii. Ďalšie kapitoly práce postupne vysvetľujú vybranú problematiku ktorá celkovo dotvára sociálne právo Európskej únie, konkrétne – voľný pohyb zamestnancov, zákaz diskriminácie, flexibilitu pracovných vzťahov prostredníctvom atypických pracovných pomerov, dočasné pridelenie zamestnancov, ochranu osobitných kategórií zamestnancov, ochranu osobných údajov, oblasť bezpečnosti a ochrany zdravia pri práci, ochranu práv zamestnancov pri prevode, prechode zamestnávateľa a jeho platobnej neschopnosti, kolektívnu ochranu práv zamestnancov a napokon uplatňovanie systémov sociálneho zabezpečenia. Učebnica analyzuje predovšetkým úniovú úpravu s akcentom na rozhodnú judikatúru Súdneho dvora Európskej únie, vnútroštátny právny poriadok objasňuje iba vo vybraných problematických oblastiach. 

Autori

E-book

Erik Štenpien - Lucia Pištejová - Ivan Svatuška (eds.)

Proceedings of the international scientific conference held on April 13-14, 2023, organized by the Department of History of State and Law, Faculty of Law, University of Pavel Jozef Šafárik in Košice. The presented collection provides a summary of scientific works from the last international conference dealing with the issue of the Trianon Peace Treaty and the negotiations during the peace conference after 1918. The collection contains scientific contributions from members of the research team of the APVV 19-0419 project, as well as other experts from the field of legal history. Through their contributions, they offer an insight into the complex processes of the formation of Europe after the First World War. They approximate the essential and relatively complicated processes of negotiations on important issues of the post-war arrangement and the further direction of individual countries. Contributions of foreign legal historians, which bring an alternative view of the examined issue, are a stimulating contribution to the collection. The anthology includes scientific studies related to the investigated issue, often with an overlap with the present. The collection also includes scientific contributions with positive legal topics. The collection in the presented form is thus primarily intended for readers from the professional public. Last but not least, it can interest the lay public interested in the issue of the post-war arrangement and Slovak-Hungarian relations.

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E-book

Adam Giertl (ed.)

Proceedings from the VII. annual student symposium on international law held on April 11-12, 2014 at the UPJŠ training facility in Danišovce

Despite this, flying and space travel are now a common part of human civilization. What is the role of law in this process? This is the question posed by the organizers of the VII. annual student symposium on international law, aiming to evaluate the contribution of international law in the field of aviation and space flights, especially in light of current developments.

The individual topics were tackled by second, third, and higher-year students of the Faculty of Law at UPJŠ in Košice. The result of their work on the assigned topics, which the authors could consult with members of the Institute of European Law and the Department of International Law, is the presented work.

The proceedings are thematically divided into two parts. The first part acquaints the reader with selected topics related to aviation law, and the second part is dedicated to international space law.

With its focus, the proceedings also have a broader impact, as in some aspects it fits into the broader context of research conducted at the Institute of European Law and the Department of International Law, which focuses on examining the influence of regionalism on general international law and vice versa. This issue is also reflected in the topics of the individual contributions.

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E-book

Jana Žuľová  - Monika Minčičová - Marcel Dolobáč (eds.)

The legal regulation of occupational health and the process of assessing the health capacity is one of the manifestations of fulfilling the protective function of labour law.

Due to the importance of pursuing the interest in protecting the life and health of the individual during his working life, as well as the consequences of damage to the employee's health for further work and continuance of employment relationship, research in this area finds its irreplaceable place in legal science. Its topicality is also highlighted by the emerging risks of work and the working environment. Technological progress associated with a change in the way of performing work, as well as the pandemic situation, have opened a number of new challenges for labour law that require attention.

The presented proceedings of abstracts responds to the outlined facts. It is a group of initial motives and conclusions of lectures presented at the scientific online conference "Health at Work in the Spectrum of Theory and Practice" organized by the Department of Labour Law and Social Security Law of the Faculty of Law, P. J. Šafárik University in Košice on16th April 2021. Authors point to a variety of problematic areas that are not only a reflection of academic considerations, but also of those legal issues that need to be addressed in ordinary legal practice.

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E-book

Dominika Becková - Adam Giertl (eds.)

Collection of Papers of PhD. students and young researchers

Institute of International Law and European Law offered a place to PhD. students and young researchers to publish scientific outputs of their research. Submited collection of scientific contributions is the result of that initiative. Papers deal with the implementation of international law and law of the EU into the domestic legal system.

Thematically is the collection of contributions divided into several parts, that are dedicated to contributions dealing with the issues of legal theory and international and european law.

Contributions are addressing issues of human rights protection, they aim to the roles of international and supranational judiciary, environment, criminal and public law. Collection of contributions includes also chosen problems of private law and it also dedicates space for contributions focused on foreign investments.

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Erik Štenpien - Ivan Svatuška (eds.)

The Collection of scientific Contributions of the International scientific conference: 100 Years of Treaty of Trianon – Diplomacy, State and Law on the Turn of the Century.

The presented publication is the first of a series of proceedings published within the solution of the grant APVV-19-0419. The conference took place from 14 to 15 October 2021 with the participation of experts from Slovakia, Hungary and Poland. The ambition of the research team, composed of legal historians and positive lawyers from three countries, is to provide a comprehensive, unbiased view of the peace negotiations that resulted in the Treaty of Trianon with Hungary. The conference, the result of which is the presented collection, was devoted to the causes of possible disputes in Europe - focusing on diplomacy and constitutional development of Central European countries at the turn of the 19th and 20th centuries, ie in the period immediately preceding the outbreak of World War I.

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 Erik Štenpien 

E-book

Dominik Šoltys

The scientific monograph The H(andb)ook of Legal Feminism: The Concept, Nature, Features, Development and Forms of Legal Feminism presents for the first time the issue of legal feminism in Slovak jurisprudence in such a comprehensive way. Author analyzes legal feminism as a distinctive movement of legal philosophy and legal theory. He places legal feminism in the broader framework of general feminism.

The internal ideological and developmental diversity of legal feminism brings the author´s examinations before the effort to systematize according to ideological and theoretical similarities or differences with emphasize to the development of feminism in different waves. In this regarding, author presents various forms of feminism and legal feminism, including their most important representatives. The increased view of the monograph deals with contemporary Anglo-American feminism since the end of the 1960s till the present, i.e., the period from which legal feminism emerged as a conceptual and critical movement of legal thinking.

Author analyzes the critical view of legal feminism on law and current legal policy. He specifies abstract and basic theoretical features of the feminist jurisprudence. In this regard, the author pays attention to important concepts, categories, ideological assumptions, or methodological and methodological frame of feminist legal science. In addition to providing a comprehensive overview of the development of diverse forms of legal feminism the monograph also focuses on the normative side of feminist theory of law, which challenges the modern jurisprudence in elimination of gender and gender as legally relevant criteria.

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E-book

Lukáš Jančát

The Convention on the Protection of Human Rights and Fundamental Freedoms and the case-law of the ECtHR represent a decisive legal instrument for the evolution of the right to a fair trial in the member states of the Council of Europe and the European Union, including the Slovak Republic, which affects the minimum level of procedural guarantees for individuals in judicial and administrative proceedings.

The primary purpose of the textbook is to fill the gap consisting in the absence of a comprehensive study text for undergraduate students at Pavol Jozef Šafarik University in Košice, Faculty of Law for the planned subject Right to a fair trial in administrative issues, and doctoral students at this faculty for the subject Protection of fundamental rights and freedoms in criminal matters according to the case-law of the ECtHR.

However, this textbook is also intended as a supplementary study aid for bachelor students in order to deepen their knowledge of the subject Administrative Law II, the result of which is to acquire knowledge about procedural administrative law in the Slovak Republic, as well as the subject of European Administrative Law, the result of which is the acquisition of knowledge about the influence of Council of Europe law on the national administrative law of the Slovak Republic.

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E-book

Sergej Romža - Veronika Tóthová - Bronislava Vinnerová (eds.)

The Collection of scientific contributions nationwide interdisciplinary scientific conference with international participation

The text book of scientific contributions The value direction of criminal law is the output of a nationwide interdisciplinary scientific conference with international participation organized by the Department of Criminal Law of the Faculty of Law of the UPJŠ in Košice. The proceedings contain contributions focused on issues of the value direction of criminal law, both in the field of substantive and procedural law.

This is a highly topical issue, as the values of law as such are reflected in each of its areas. In view of social events, the constant amendment of the criminal codes and, in particular, the forthcoming amendment of both the Criminal Code and the Code of Criminal Procedure, we consider the topic of the conference and the title of the text book to be highly topical, without significant limits in scientific research.

In their contributions, the participants of the national interdisciplinary scientific conference with international participation also devoted themselves to reflections de lege ferenda and offer insights into the above-mentioned amendments to the criminal codes into practice as well as their upcoming amendments.

The aim of the published proceedings is to continue to improve and develop new knowledge in the field of criminal law in the light of the new rules, while adhering to all established values, on the basis of the previous professional knowledge.

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E-book

Adam Giertl - Ľudmila Elbert

Collection of Papers from the 8th Student Symposium held on April 20–21, 2015 in Danišovce

The capture of the historic Syrian city of Palmyra by fighters of the radical Islamic State caused shock among the global public. The main reason is the barbarism with which this organization proceeds, not only in relation to the treasures of the world’s cultural heritage. The situation in the Middle East, where cultural treasures of inestimable value are under direct threat, demonstrates how fragile the world’s cultural heritage is. The reaction of the international public and world leaders shows how sensitively the destruction of cultural heritage is perceived.

The quoted statement chosen by the editors relates to the threat posed by the Islamic State—however, the spirit of this statement can be applied to any cultural wealth that forms part of the world’s cultural heritage. The destruction or damage of these values primarily represents a loss for humanity as such. Each destroyed artifact of world cultural heritage signifies the disappearance of a unique legacy left by previous generations for the future. At the same time, cultural heritage must be understood as a broad spectrum of assets—both tangible and intangible. Their legal protection was the topic of this year’s symposium. As with any social interest, the protection of cultural heritage can be ensured through various mechanisms and under different forms of social organization.

These diverse approaches are unified by law as a normative system. The question for the 8th year of the symposium on international law was what role international law plays in the protection of cultural heritage. In the context of the European region, the role of the European Union as a regional organization was examined.

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E-book

Erik Štenpien (ed.)

Proceedings of the International Scientific Conference held on September 27, 2013, at the Faculty of Law of UPJŠ in Košice

The Civil Code is one of the fundamental legal codifications of our time. Paradoxically, in the Slovak Republic, the 1964 Code still applies today, albeit with certain modifications brought by the modern era. Currently, recodification efforts are underway, with the goal of adopting a new Civil Code.

However, it is not possible to build something new without knowledge of the old. It is therefore a positive sign when legal historians and civil law experts come together at a conference to exchange views and insights. The Department of State and Legal History at the Faculty of Law in Košice is in its first year of working on the scientific grant project VEGA: The Historical-Legal Development of the Institute of the Sales Contract and Trends in Its Current Recodification in the Slovak Republic - No. 1/0131/13.

This project was acquired as a historical-legal initiative, but the Department of Civil Law is also participating, as Assoc. Prof. JUDr. K. Kirstová, CSc., is the deputy head of the project. Aware that this represents a completely unique connection between legal history and practice, our department organized the international scientific conference The Sales Contract - History and Present I. on September 27, 2013, which was a planned grant output but ultimately coincided with the 40th anniversary of the Faculty of Law in Košice.

This proceedings volume thus summarizes contributions from the grant project, as well as related presentations. It aims to significantly contribute to the understanding of the history and current recodification efforts of the sales contract institution both domestically and internationally.

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E-book

Milan Sudzina, Renata Świrgoń-Skok, Wojciech J. Kosior

Given the importance of the ownership right, the aim of this monograph is to provide an analysis, a clear systematic interpretation and an evaluation of the above issue, not only from the theoretical point of view, but also from the point of view of legal practice. The protection of ownership relations is ensured in various ways. It is judicial protection, protection provided by local self-government authorities, self-help, public registration of real property and other instruments of administrative and criminal law. In connection with the transformation of legislation in Slovakia and Poland after the fall of the socialist regime, there have been many changes in the legislation of both countries concerning the protection of ownership rights. A number of private law institutions related to the ownership of real property, the use of which was impossible or limited during the socialist period, have been restored. Legislation has also been adopted to alleviate the consequences of certain property and other injustices caused by the deprivation of ownership of real property during the socialist period. The adoption of restitution legislation was the basis for restoring the ownership rights of the original owners, who were allowed to get back their real property that had been used by socialist organisations. After the end of the socialist regime, the various forms of ownership, which until then had favoured the state ownership, were abolished. Changes were made to ensure that the ownership rights of all owners had the same content and enjoyed the same legal protection. The monograph is structured in such a way as to enable a comparison of individual institutions of rights in rem under Polish and Slovak law. The monograph also analyses the relevant decision-making practice of the supreme judicial authorities. The scientific methods applied enabled the authors not only to analyse and evaluate the historical context and the current legal regulation of ownership rights in Poland and Slovakia, but also to point out possible gaps and shortcomings and to elaborate de lege ferenda proposals that can be used in future legislative activity.

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E-book

Milena Barinková (ed.)

Proceedings from the IV Annual Student Symposium on Labor Law held on April 5–6, 2019, in Danišovce

The term "Industrial Revolution 4.0" is currently widely used, yet remains mysterious and its content unfamiliar to many. While we do not claim omniscience, through the educational process at the Faculty of Law of Pavol Jozef Šafárik University in Košice and the scientific research of the Department of Labor Law and Social Security Law, we have delved into examining the accompanying features and anticipated phenomena of this modern industrial revolution.

It can be stated with great certainty that this revolution already affects—and will continue to affect—production processes, including radical changes in their structure, the emergence of groundbreaking technological and communication tools, and, undoubtedly, labor relations. The rise of new forms and methods of work based on automation and digitalization, applied within new models of labor relations, is beginning to threaten jobs in certain sectors of the economy. There is an increasing demand for specialized qualifications and skills, particularly in information technology, with an emphasis on process digitalization, data processing, and the creation of communication networks connecting objects and people. This intelligent industry inevitably disqualifies many existing jobs from their current structures, leading to job losses for numerous employees. Analysts openly predict that by 2030, robots will replace up to 20 million industrial jobs worldwide.

The vision of which occupations or working conditions will be impacted is becoming increasingly concrete. Radical changes will require radical solutions as well as previously unknown movements and new elements or measures in the labor market.

Download the e-book for free  (pdf)

E-book

Ľudmila Elbert - Ľubica Gregová Širicová (eds.)

In addition to acquiring theoretical knowledge, it is necessary to study and analyze the decisions of international judicial and arbitration bodies in order to fully understand the subject of the Public International Law or disciplines closely related to it.

Since the Slovak literature in the field of Public International Law does not contain any electronic textbook of selected decisions of international judicial and arbitration bodies, the authors of the submitted publication aim to eliminate this gap by elaborating the “Public International Law Casebook”, which will primarily be intended for undergraduate students of the law faculties in the Slovak republic and the Czech republic.

The proposed publication seeks to make the study of international law more attractive through a publication that will make students familiar with the decisions translated into the Slovak language in a popular electronic form.

Download the e-book for free (pdf)

E-book

Marcel Dolobáč - Ľuboš Dobrovič (eds.)

Reviewed Proceedings of Contributions from a Scientific Conference

This reviewed collection of contributions from the scientific e-conference Legal Language in Application Practice, held from December 3 to 21, 2018, presents various academic contributions.

Legal language, as expressed in legal norms, is specific and should ideally be unambiguous, concise, and resistant to multiple interpretations. Is this an ideal world that does not exist but is worth striving for? Interpretative challenges and ambiguities in legal language and terminology (especially in the Labour Code) led the Department of Labour Law and Social Security Law at UPJŠ in Košice to undertake the VEGA grant project No. 1/0526/17 titled Linguistic and Sanction Mechanisms in the Creation and Operation of Labour Law Norms.

As part of this grant project, the department organized an e-conference open not only to labor law specialists but also to experts from other legal fields. Unsurprisingly, interpretative issues extend beyond labor law. The contributions in this collection are thus somewhat interdisciplinary, though with a focus on labor law. We hope this collection serves as an introduction to broader research and deeper study of legal language by experts beyond legal theory. Additionally, we trust these contributions will inspire you, the readers.

Authors

Download the e-book for free  (pdf)

 Marcel Dolobáč a kol. 

Učebnica s názvom Vybrané otázky sociálneho práva Európskej únie prierezovo spracúva najzásadnejšie otázky pracovného práva a práva sociálneho zabezpečenia v Európskej únii. V úvodných statiach učebnice sa autori zamerali na objasnenie základnej terminológie a stručne poukazujú na vývoj sociálneho práva v Únii. Ďalšie kapitoly práce postupne vysvetľujú vybranú problematiku ktorá celkovo dotvára sociálne právo Európskej únie, konkrétne – voľný pohyb zamestnancov, zákaz diskriminácie, flexibilitu pracovných vzťahov prostredníctvom atypických pracovných pomerov, dočasné pridelenie zamestnancov, ochranu osobitných kategórií zamestnancov, ochranu osobných údajov, oblasť bezpečnosti a ochrany zdravia pri práci, ochranu práv zamestnancov pri prevode, prechode zamestnávateľa a jeho platobnej neschopnosti, kolektívnu ochranu práv zamestnancov a napokon uplatňovanie systémov sociálneho zabezpečenia. Učebnica analyzuje predovšetkým úniovú úpravu s akcentom na rozhodnú judikatúru Súdneho dvora Európskej únie, vnútroštátny právny poriadok objasňuje iba vo vybraných problematických oblastiach. 

Autori

E-book

Erik Štenpien - Lucia Pištejová - Ivan Svatuška (eds.)

Proceedings of the international scientific conference held on April 13-14, 2023, organized by the Department of History of State and Law, Faculty of Law, University of Pavel Jozef Šafárik in Košice. The presented collection provides a summary of scientific works from the last international conference dealing with the issue of the Trianon Peace Treaty and the negotiations during the peace conference after 1918. The collection contains scientific contributions from members of the research team of the APVV 19-0419 project, as well as other experts from the field of legal history. Through their contributions, they offer an insight into the complex processes of the formation of Europe after the First World War. They approximate the essential and relatively complicated processes of negotiations on important issues of the post-war arrangement and the further direction of individual countries. Contributions of foreign legal historians, which bring an alternative view of the examined issue, are a stimulating contribution to the collection. The anthology includes scientific studies related to the investigated issue, often with an overlap with the present. The collection also includes scientific contributions with positive legal topics. The collection in the presented form is thus primarily intended for readers from the professional public. Last but not least, it can interest the lay public interested in the issue of the post-war arrangement and Slovak-Hungarian relations.

Download the e-book for free (pdf)