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„POLSKI PAPINIAN” ‘REDIVIVUS’. CZY WARTO DZISIAJ TŁUMACZYĆ I WYDAWAĆ STANISŁAWA WRÓBLEWSKIEGO ZA GRANICą?

100%

Marzec Ł.

Zeszyty Prawnicze

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2019

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vol. 19

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issue 2

215-226

EN

This paper presents an outline of the life and scholarly achievements of the eminent Polish lawyer Stanisław Wróblewski (1868-1938), professor of Roman and civil law at the Jagiellonian University. He wrote a series of brilliant studies on legal issues, but few of them are known in the international milieu of law scholars, because he published in Polish. In 1899 he published Posiadanie na tle prawa rzymskiego, on ownership and usucaption in the light of Roman law, where he presented the opinion that usucaption deserved the status of a right, just like ownership. In 1916 and 1919 Wróblewski published his unfinished opus magnum, Zarys wykładu prawa rzymskiego (An Outline of Roman Law), which is regarded as a major intellectual achievement in the legal sciences, but remains largely unknown because it was published in Polish. This paper concludes with an appeal for an English edition of Wróblewski’s works as part of the world’s heritage of legal culture.

PL

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2

Prawo rzymskie w dawnych Czechach w poglądach Arthura Ducka

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Marzec Ł.

Krakowskie Studia z Historii Państwa i Prawa

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2010

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vol. 3

PL

De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653 In his work he analysed the position and inﬂ uence of Roman Law in ﬁfteen countries of the 17th‐century Europe. Apart from England, Scotland and Ireland, he researched the German Empire, France with Belgium, Italy, Sicily and Naples, Poland, Hungary, Bohemia, Spain, Portugal, Denmark and Sweden. Although Duck was an Englishman, he admired Roman Law and believed it could unify and consolidate the legal systems of Christian Europe. His work shows deep knowledge of how the legal systems of the 17th‐century Europe were organized and inﬂuenced by Roman Law. Although his work has remained forgotten for centuries, contemporary scholars are attempting to restore it to its proper position. Although the chapter concerning the Kingdom of Bohemia appears relatively short, it gives basic and true information on the Bohemian state and legal system. Duck used over twenty books of various authors, to mention only Goldast, Dubravius, Arumaeus, Besold, Mynsinger, Gail, Muscorn and Kromer. In his view, German emperor did not have a direct power over Bohemians, though Bohemian kings were not entirely independent. He stresses that Bohemians never accepted being a part of the German Empire. They had their own laws, to some extent based on the Roman Law, particularly in the ﬁ eld of the municipal laws, derived from ius saxonicum. Duck believes that the Roman Law was the Bohemian ius commune, as it was said to be in Germany.

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Czy prawo rzymskie pokonało kanał La Manche?

100%

Marzec Ł.

Krakowskie Studia z Historii Państwa i Prawa

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2008

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vol. 2

PL

This paper presents the issue of the influence of the Roman Law on the English legal system through its historical development. One can find several fields where Roman Law, or ius commune was useful in England, like legal education, foreign serviced, the science of law and the practice of several courts administering equity, admiralty or ecclesiastical jurisdiction.The Court of Chancery was a significant element of the English judicial system that operated outside the sphere of the common law. The equity law, intended to be a remedy for the strict rules of the common law, borrowed much from the Roman law. Many chancellors and masters in Chancery, having obtained a D.C.L or LL.D degree were open to adopt Roman law rules in the Court’s practice. In the common opinion, some of the equity institutions were borrowed from the Roman law, like trust (fideicomissum) or elements of mortgage (equity of redemption). Many “rules of equity” have also their origins in the Roman jurisprudence.Many of Admiralty judges were doctors of civil law and members of the elitists organization Doctors’ Commons. Some of the court’s jurisdiction wad based on the Roman law, which was one of the reasons for professional envy and jealousy presented by common law judges headed by Sir Edward Coke. The Court of Admiralty was undoubtedly the most powerful English judicial institution using the rules of Roman law in its practice. One of the respodentia, based on the pecunia traiecticia and foenus nauticum.Contemporary English barristers-to be are still required to get a pass in the Roman Law, in the United States the knowledge of the Roman Law is the mark of a very high professional status of the lawyer. Even American universities continue to offer summer courses in Roman Law and they still find applicants.

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2 Krakowskie Studia z Historii Państwa i Prawa

1 Zeszyty Prawnicze

3 Marzec Ł.

1 2019

1 2010

1 2008

„POLSKI PAPINIAN” ‘REDIVIVUS’. CZY WARTO DZISIAJ TŁUMACZYĆ I WYDAWAĆ STANISŁAWA WRÓBLEWSKIEGO ZA GRANICą?

Prawo rzymskie w dawnych Czechach w poglądach Arthura Ducka

Czy prawo rzymskie pokonało kanał La Manche?