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Alternative title:

Purpose of normative distinction of the group of legal services contracts

Subject and Keywords:

legal services contract   legal character and characteristic of legal services contracts   types of legal services contracts   purpose of normative distinction of the group of legal services contracts

Abstract:

It is necessary to be in favour of both doctrinal and normative distinction of legal services contracts. Currently the differentiation in regulations of fundamental standards of providing legal services is too large. There is no sufficient explanation for different treatment legal services providers in rudimentary and significant issues designating the essence of legal services and their safety, regardless of the regulated or deregulated market. It appears that the deregulated legal services market should be included in the provisions concerning regulated economic activity in the Freedom of Business Activity Act. The deregulated legal services market should as well constitute an exception justified by the public interest in a higher degree than by creation of qualification requirements, which are currently the base for distinguishing the regulated legal services market. It is necessary to consider formal submission of the deregulated legal services market to the deontology of legal profession. Fundamental standards of ethics and legal pragmatics should be included in all kinds of legal services, not only those provided within the regulated market. Sanctioning of above mentioned standards is undoubtedly in the public interest and for that reason their mandatory application at least in the basic range should not be dependent on the affiliation to a specific group of legal services providers

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2018

Date copyrighted:

2018

Resource Type:

text

Detailed Type:

czasopismo online

Identifier:

ISSN 0137-1134

DOI:

10.19195/0137-1134.112.12

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis. Przegląd Prawa i Administracji, ISSN 0137-1134. T. 112 (2018), s. 181-198

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Bogusław Sołtys