The objective of the article is to answer the question of whether the scope of application of Article 527 §1 of the Polish Civil Code can encompass the omission of a procedural act (e.g., the failure to file a claim or an appeal), if the invalidation of the procedural omission enables creditors to satisfy their claims using assets that either left or failed to enter the debtor’s estate as a result of the omission. The article analyses the judicial decisions and opinions expressed in the literature on the omission of a legal transaction (including a procedural act) as the subject of an actio Pauliana. It demonstrates that an extended interpretation of the term legal transaction under Article 527 §1 of the Polish Civil Code, which includes procedural omissions, is admissible. This is justified when the debtor’s deliberate procedural omission reflects their intent to diminish or fail to increase the value of their estate, thereby prejudicing their creditors. A creditor filing an actio Pauliana involving the omission of a procedural act must precisely specify the date on which the procedural act was omitted.
Pozostałe osiągnięcia naukoweArtykuły (zamknięty dostęp)Journal article
The text discusses the trader’s information obligation towards the consumer with respect to ensuring the conformity of the goods with the contract. The author explains the essence of the information obligation, analyzes the material aspect of the obligation to ensure the conformity of goods with the contract, focusing on the subjective and objective elements of the conformity, among other aspects. The author also describes the consumer’s remedies for non-conformity of goods with the contract and discusses the consequences of fulfilling the obligation to ensure the conformity of goods with the contract. The information obligation is analyzed on the basis of consumer law in light of Directive (EU) 2019/771. The author posits that in order to fulfill this obligation properly, the trader should not only inform the consumer in a clear and understandable manner about the responsibility for ensuring that the performance conforms to the contract, but also indicate what exactly this conformity of the goods with the contract entails and what rights the consumer has in the event that the goods do not conform to the contract. The author emphasizes the role of legal design in the proper fulfillment of the obligation to ensure the conformity of goods with the contract.
Pozostałe osiągnięcia naukoweMonografia (zamknięty dostęp)Monograph Chapter
This study aimed to investigate the legal credibility assessment of eyewitness testimonies in criminal proceedings, with particular attention to the criteria used by courts to assess eyewitness credibility and the factors that influence the number of criteria in the assessment. It also investigated whether judicial credibility assessment is subject to bias. We conducted a case record analysis of criminal cases (N = 381), wherein a total of 3210 eyewitnesses were interviewed at trial. The analysis revealed that legal credibility assessment seems superficial – courts evoke a small number of criteria to justify their judgments and tend to cite only a few despite individual differences in testimonies and eyewitnesses. The legal assessment of eyewitness credibility is influenced by numerous procedural and individual (for the eyewitnesses) factors; our analysis showed that this is subject to certain biases. The practical implications of these results are discussed along with avenues for future research.
Even though goal pursuit is often conceptualized as a linear phenomenon, it consists of feedback loops and reciprocal relationships between its crucial components. To investigate this cyclical aspect, we tested the relationships between core goal properties (i.e., goal importance and expectancy of success) as well as goal-related emotions (satisfaction and stress) and goal progress over time. In longitudinal Study 1 (N = 390), across three waves and 3156 unique goals, we found that progress on personal goals was not only positively predicted by expectancy and, less consistently, by goal importance, but also by goal-related satisfaction and, to a lesser extent, stress. Moreover, goal progress positively predicted future progress through increased importance, increased expectancy, and increased satisfaction and negatively through decreased stress, indicating an overall self-reinforcing feedback loop. In Study 2 (N = 235), we experimentally manipulated subjective progress on the weekly goal of walking and observed its positive effects on goal importance, expectancy, and satisfaction, but not stress. Once again, we demonstrated a positive indirect effect of (manipulated) goal progress on subsequent progress via increased satisfaction. These results provide insight into the mechanisms of goal-pursuit viewed as a cyclic process.
