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W porządkach prawnych należących do tradycji common law przedmioty majątkowe należące do spadku nie przechodzą na spadkobierców w chwili śmierci spadkodawcy. Spadek nabywają personal representatives, którzy zobowiązani są zebrać składniki majątku spadkowego, spłacić długi spadkowe, a pozostałe przedmioty spadkowe przenieść na rzecz spadkobierców. Majątek spadkowy jest objęty trustem, w którym osobisty przedstawiciel jest powiernikiem, a spadkobiercy beneficjariuszami. Artykuł odpowiada na pytanie o status praw personal representative w sytuacji, gdy prawem właściwym dla spadku jest prawo takiego państwa, a do spadku należą składniki podlegające prawu polskiemu. W nawiązaniu do postanowienia SO w Gliwicach z 22 stycznia 2021 r. sygn. akt X Ga 251/20 artykuł broni poglądu, zgodnie z którym prawo polskie powinno uznać w pełni nabycie mienia spadkowego przez personal representatives. Bak jest tu podstaw do zastosowania klauzuli porządku publicznego oraz do zabiegów dostosowawczych. Należy natomiast podkreślić, że ocena, czy przysługujące spadkobiercom equitable interests mają skutki dla praw osób trzecich na terytorium Polski powinna być dokonana zgodnie z prawem polskim. In the common law jurisdictions personal representatives represent the deceased in regard to his/her real and personal estate. They collect, protect and manage probate assets (the estate), pay legitimate claims and distribute estate to heirs and beneficiaries. Personal representatives administer the estate according to the law as it applies to a trustee carrying out a trust for beneficiaries. Neither personal representative nor equitable ownership are known in the Polish Law. The characterization of personal representative’s rights in regard to assets situated in Poland is controversial. Referring to the decision of the Circuit Court (Sąd Okręgowy) in Gliwice of the 22nd Jan. 2021 [X Ga 251/20] the article argues that personal representatives should be recognized as fully entitled to the deceased’s assets situated in Poland. There are no grounds for the application of the ordre public clause. There is also no need to adapt personal representative’s rights in rem. It is however necessary to assess the effects of heir’s and beneficiaries equitable interests on the third party rights according to the Polish law (lex causae).

In 2011 the Civil Law Codification Committee in Poland established a task group to draft prospective new Civil Code provisions on service contracts. The blueprint for the new service contracts regulation has been based on the assumption that a relatively small body of general provisions rather than detached provisions on numerous contractual types may be a transparent and flexible instrument of regulating the rapidly developing and innovative services sector. Comparative research has been an important part of the Group's agenda. The choice of Italian law as one of the jurisdictions analysed by the Group has been obvious. Italy may not only boast of venerable legal tradition. The contemporary Italian case law and academic legal research offer an important contribution to the development of European private law. This article summarises results of the Group's analysis of Italian service contracts regulation in order to consider it as a prospective source of inspiration for Polish legislator. The basic assumption of the Task Group has determined the scope of the analysis. The article has been focused on the most general types of service contracts in Italian law, namely appalto and contratto d'opera. The first part of the article is a brief description of relevant provisions of codice civile. The possible transposition of Italian legislative concepts into Polish legal system is the subject of the second part of the article. The distinction between regulation of services provided by organised business entities (appalto) and those rendered by natural persons acting as entrepreneurs (contratto d'opera) is an interesting feature of Italian contract law. The rapid growth in the number of b2B relations in Poland makes it even more interesting as a possible model for Polish service contracts regulation. On one hand not all contracts between entrepreneurs and larger business entities (b2B relations) may be re-characterised as labour relations. On the other hand it reasonable to treat an entrepreneur in b2B relations as a typically weaker party which needs protection that would overcome the assumption of parties' even chances. Nevertheless it has been argued that the weakness of the entrepreneur's bargaining power does not stem from small scale of business activity and personal involvement in the performance as it has been assumed by the authors of the Italian civil code. The crucial factors are the lack of capacity to diversify the business and ensuing economic dependency on a single contractor. It has been demonstrated that Italian provisions on the subcontractors' direct claims against clients of service providers offer an interesting counterpoint to the analogous Polish Civil Code provisions. Contrary to Polish law, Italian codice civile does not limit the scope of application of a direct claim to construction contracts. Protection of subcontractors is a general characteristic of appalto. If direct claims of subcontractors should be admitted at all into Polish private law system, they should be available not only in the field of construction industry. The narrow availability of these claims raises serous doubts about the constitutionality of such legislative solution. The Italian model of a subcontractor's direct claim appears to be preferable in this aspect. In comparison to the Polish law it reduces also significantly the risk of double payment by the client, which seems to be a reasonable solution. It is to be stressed that Italian concept of direct claims has a disappointingly narrow personal scope of application. It covers only labour relations. Taking into consideration other, more efficient instruments of labour protection the direct claim mechanism limited to the labour contract claims appears to be redundant. An important part of appalto regulation has been devoted to the problem of contract adjustment to contingencies. It is an elaborate legislative structure which reflects the economic concepts regarding open contracts. It has been argued that client's right to adapt the contract unilaterally, as provided for in Italian law, is more likely to provide swiftly an efficient solution than judicial adaptation of the contract, which is the main instrument of contract adaptation in Polish law. Italian law balances parties' rights in a rather arbitrary but transparent way granting a service provider right to withdraw from the contract if the value of the imposed changes exceeds 1/6 of provider's compensation.

Land-use management and planning of cross-border regions is a complex problem. Different legislatures, development visions and interests on both sides of the border make it even more complicated. Introducing ecosystem services concept into land-use planning and management at cross-border regions is a challenge. However not much is said about this issue in literature.This paper aims to present result of the study concerning to ecosystem services concept in the context of cross-border part of Pradziad Euroregion. The studyed area is situated within Czech – Polish borderland. First part of the research concerns to land-cover analyze of the region. The second one to Czech and Polish land-use strategies, which are binding at NUTS 4 and 5 level in the studyed area.Resoults of the research indicates asymmetry of the cross-border landscape of the analyzed region. The asymmetry is indicated by different types, biodiversities and areas of ecosystems identified on both sides of the border. It is also identified by differences in land-use strategies concerning to the region.It is discussed to what extend ecosystem services concept can be implemented in planning legislature of the cross-border region., Tema. Journal of Land Use, Mobility and Environment, 2014: INPUT 2014 - Smart City: planning for energy, transportation and sustainability of the urban system