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Ignacy Koschembahr-Łyskowski – profesor Uniwersytetu Fryburskiego (1895-1900)

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Grebieniow A.
Kwartalnik Prawa Prywatnego
|
2015
|
vol. 24
|
issue 2
249-284.
EN
Ignacy Koschembahr-Łyskowski (1864-1945) was a Polish legal scholar researching into Roman and Private laws; one of the drafters of Polish unified Private Law in the Interwar era. After having obtained his PhD in Berlin in 1888 and postdoctoral degree in Breslau in 1894, he moved to Fribourg (Switzerland), where he stayed 5 years (1895-1900) as a professor for Roman law. Koschembahr-Łyskowski wrote there his fundamental works on the methodology of Roman law (1898) and its usefulness for modernity, as well as about the codification of Swiss Private Law (1899), demonstrating the usefulness of the Roman law experience for modern legislation. An overview of his works shows a surprising topicality of his ideas. The survey concentrates on his teaching in Fribourg as well as his writings, and is based on many newly discovered documents from the local archives, that have never been published before.
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Częściowa wzruszalność umowy opartej na wyzysku – na przykładzie prawa szwajcarskiego

100%
Grebieniow A.
Forum Prawnicze
|
2012
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issue 5 (13)
25-35
EN
The project of a new Civil Code in Poland often refers to a foreign law in particular in respect of the partial rescission of a contract. In that case Swiss legal experiences may be helpful, because as well as in Poland there is no regulation of the above legal concept in Switzerland, whereas the issue has been developed in the Swiss jurisprudential pratice concept is based on a leading case of 1997 in which partial rescission of a contract due to unfair exploitation has been pronounced. The Federal Court shared prevailing opinion of Swiss doctrine which noticed the analogy between partial rescission and partial nullity. Such a reference raises questions about the factors that determine the extent of rescission. Swiss legal literature contains numerous considerations about the divisibility of a contract and the role of the parties’ hypothetical will. These questions are to be posed at least when the project of a new Civil Code will be introduced into the Polish legal system. Therefore Swiss legal experiences in the field of defects in declaration of intent may be of certain practical value for the Polish legal system.
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