A growing interest has been noted if both industry operatives and consumers in cell-based meat (CBM), as visible in the increasing investment into this technology by major food industry corporations. However, in almost all countries worldwide, there is a lack of clear legislation with regard to the labeling of such products. The aim of the article is to collect and review current legal regulations concerning the international approval and labeling these types of products. In the manuscript, we reviews and analyze the legal situation of CBM and its labelling in countries from 4 different continents (EU members, the UK, the USA, Canada, Australia and New Zealand, Japan, Singapore and Israel). Aside from Singapore, no other country has approved CBM for placement on the market. The US has reached an agreement and established regulatory frameworks on CBM matters, where both the USDA and the FDA will be the control institutions. Within the European Union, CBM products will be evaluated under the Novel Food Regulation. The most anticipated process in other countries is the evaluation of CBM under the legislation on novel foods and subsequent amendments. Since local laws are still being developed, special care should be taken by the policymakers to avoid implementing local laws which could cause a negative approach to the technology by the consumers.
An already defunct institution? Old-Polish and Austrian pactum advitalitium in a contemporary perspectivePactum advitalitium was an early Polish legal institution established through a marital agreement. It was a form of annuity by means of which spouses established a right of usufruct of the entirety of an estate, effective upon the passing of one spouse and existing for the lifetime of the beneficiary. The practical purpose thereof was to secure the material well-being of a widowed spouse, usually the wife, given not only that the legal system did not provide for commune marital property, as well as that there was no statutory spousal succession. Later, after the partitions of Commonwealth of Poland and Lithuania, the institution discussed herein was adopted by Austrian law and regulated in the newly enacted Austrian Civil Code ABGB, with slight modifications enabling i.a. to encumber not only the whole estate or a part thereof, but also several assets of a future estate. Thus advitalitium had become available within the vast Austrian Empire, yet it did not gain a wide recognition among the nations of the Monarchy, remaining an infrequently used institution, which led to its repeal in 21st century. The very legal character of pactum advitalitium was and is still controversial, leading the academia to suggest multiple explanations of its nature, often varying significantly dependent on the subject of advitalitium in a specific case the entirety of an estate or a part thereof or several assets. The authors aim to examine the origins and history of advitalitium regulation in early Polish and Austrian law in their historical context, later to recount the doctrinal concepts explaining its character. To pursue both there aims, historical and formal-dogmatic methods are employed. The authors then move on to discuss the possibility of reaching results identical or just similar to ones achieved by means of an advitalitium in modern Polish law, applying the formal-dogmatic method, to show that not only no comparable institution exists in Polish law nowadays but, moreover, that similar results cannot be achieved by applying instruments known to Polish law. Such analysis enables the authors to arrive at conclusions regarding the possible application of advitalitium as an instrument of estate planning in the context of modern family relationships, which could lead to the rediscovery thereof in modern legal systems.
Ongoing history — Austrian regulation of interest and usury in 19th–20th centuriesThis thesis aims to depict phemonena of interest and usury in private law using example of regulation of interest and usury in Austrian law. This issue was regulated in various ways from the mid-18th century until the World War 1. Subsequent legal acts are being analysed, referring to contemporary legal theories. Special emphasis is placed on the two aims of introducing full freedom of interest rate in 1787 and 1868 which, however, proved to be ephemeral. Nevertheless, liberalising attempts resulted in modern depiction of usury in the Imperial decree of 1914, where it was identified with extortion; that creates a connection to the contemporary Polish regulation, to which reference is made in the end of the article.
The last decades have witnessed – in civil law jurisdictions – a growing concern about instruments of legal protection of non-material interests, in particular: redressing non-material losses sustained as a result of tortious acts. Legislation and case-law alike try to address this complex problem. The aim of this paper is to present, in a comparative context, the historical development of admissibility of monetary compensation claims for non-material damage in French civil law (the Napoleonic Code) and jurisdictions that have adopted French law or structured their civil law legislation around French paradigms as well as in Polish law. Though the contemporary private law of Poland is far more related to the laws of Germany and Austria, French civil law, which was in force in the territory of Congress Poland for over a century, was and still is an important benchmark for ever-valid comparative analysis. The very broad and liberal way in which contemporary Polish law approaches the issue of compensation for non-property harm seems to be one of the issues where French inspirations played an important role. The authors employ legal comparative and historical methods, supplanted by formal-dogmatic ones, to present the evolution of tort law concerning monetary liability for non-material loss.
The text aims to highlight certain alternative dispute resolution (ADR) methods existing in Austrian civil law since the 19th Century. Austrian law and legal tradition, closely linked to its Polish counterparts, serve as sources of inspiration for Polish scholars and legislators. Nowadays, possibly more than ever, the heavy caseload of modern courts combined with evidentiary and procedural burdens call for the increased importance of ADR. The EU actively promotes the development of ADR. Therefore, the evolution of the approach to out of court dispute resolution methods in Austria is depicted against a widely understood historical background, in connection with the German legal tradition. Furthermore, the text describes this evolution as related with the deep political changes in Austria (Constitution of 1867) and the enactment of a modern civil procedure code in 1895. The authors concentrate on two institutions: municipal mediation offices (Gemeindevermittlungsämter) and the special pre-court settlement before the District Court (prätorischer Vergleich), comparing the latter with the Polish regulation of court conciliation proceedings. This analysis leads to certain conclusions regarding the inspiration that the Austrian legislation may serve as in future.
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