Browsing by Author "Fras, Mariusz"

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    Succession of Digital Goods. A Comparative Legal Study
    (Wydawnictwo KUL, 2021) Fras, Mariusz
    The purpose of this article is to present possible solutions to the problem of access to digital contents left by a deceased user of Internet services under different European legal systems. Discussion of this issue from a comparative perspective will allow the drawing of general conclusions about the direction de lege lata in which European legislation is heading. In my opinion, there should be dedicated legal provisons introduced into the polish civil code which would pertain to digital goods. This would also facilitate the harmonization of inheritance matters from a European perspective. Technological development requires amending the civil code to fit changing reality.
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    The Directive 2016/97 On Insurance Distribution (IDD) And Private International Law
    (Wydawnictwo KUL, 2019) Fras, Mariusz
    Clear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer. The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.