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1

Fibrosa S.A. v. Fairbairn Lawson Combe Barbour Ltd (1942). Spółka z Kresów przed Izbą Lordów

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Halberda J.

Miscellanea Historico-Iuridica

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2015

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vol. 14

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issue 1

197-217

EN

The paper discusses Fibrosa S.A. v. Fairbairn Lawson Combe Barbour Ltd (1942), a case considered as one of several landmark cases in the English law of restitution. What was at stake in litigation before the House of Lords was whether a Polish plaintiﬀ should recover a prepayment transferred pursuant to a contract that had become frustrated because of the outbreak of war in 1939. The lords had to decide on the application of two potentially dissonant doctrines – frustration and total failure of consideration. But what made the Fibrosa case famous was an obiter dictum delivered by lord Wright. This eminent judge declared that English law should provide remedies for unjust enrichment. That is the very reason why the case is still being cited by the lawyers today.

2

Dzieje doktryny actio personalis moritur cum persona w angielskim common law

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Halberda J.

Krakowskie Studia z Historii Państwa i Prawa

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2010

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vol. 3

PL

Pursuant to the maxim that actio personalis moritur cum persona, the claims and debts of the party become extinct on the day of its death. That is the reason why in English common law the successors could not sue their predecessor’s debtors; on the other hand, they were protected against the creditors of the deceased. It is difficult to exaggerate the importance of doctrine for the legal relations, especially within the scope of contract law. In the early years (12th–13th centuries) of the functioning of the doctrine nearly all personal actions came into play. However, lawyers began to create more and more exceptions that narrowed the maxim’s impact. As a result, at the beginning of the 17th century (the Pynchon’s case, 1611) the court had in fact transformed the doctrine of actio personalis moritur cum persona into the exception. It is worthwhile to note that the maxim’s history may act as an example of the peculiarity of English law and the domination of its procedural rules. Throughout the centuries the most important reason against the transmission of rights and duties was the practical impossibility of the wager of law’s application. In that case lawyers could only modify rules of evidence. Instead, in England it was decided to treat the claims and debts of the deceased as extinct. As a result, the consequences of the actio personalis moritur cum persona doctrine went much too far.

3

Amerykańskie prawo bezpodstawnego wzbogacenia w Restatement z 2011 r.

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Halberda J.

Kwartalnik Prawa Prywatnego

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2013

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vol. 22

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issue 4

857-890

EN

The present paper discusses the American law of unjust enrichment as found in the Restatement the Third, Restitution and Unjust Enrichment (R3RUE) published by the American Law Institute in 2011. The author begins with the short history of the Restatements of the Law movement (1). He attempts to describe both the formal structure of the treatise (2) and the meaning of its keywords such as “unjust enrichment” and “restitution” (3). In the following sections the premises of restitution claims are presented: the absence of basis (4), the defendant’s enrichment at the plaintiff’s expense (5). The paper covers such separate doctrines included in the Restatement’s provisions as the unrequested intervention (negotiorum gestio) either (6). The author researches also the remedies that could be applied in restitution cases (7), issues on the concurrence of claims (8) and the limitation (9). In the final section he attempts to draw conclusions on conflicting nature of the unjust enrichment law in America (10).

4

Fikcje prawne w nowożytnym common law na tle sporów kompetencyjnych z udziałem sądów westminsterskich

100%

Halberda J.

Studia Prawno-Ekonomiczne

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2014

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vol. XCI (91)/1

7-22

EN

Starting with the Middle Ages, the system of writs (forms of actions) began to dominate the English law. Like Roman actiones which may be regarded as equivalents of writs, thus also the latter allowed to determine the circumstances in which an individual was guaranteed to protection of law. The list of writs was exhaustive while the law was considered to be something that was not subjected to changes. Therefore the legal fictions were found to be the only mechanism that made it possible to adapt the common law to the evolving socio-economic circumstances. Thanks to these fictions the parties involved in the litigation could reach the objectives that they desired and that otherwise (without resorting to the fiction) might be unattainable by them. The exploitation of the fiction consisted in the invoking by the trial participant the circumstances that notoriously were not true, the adversary party being simultaneously prevented from proving the opposite. In the course of time the fictions became a characteristic feature of the common law. It was thanks to their application that in the 15th through 17th centuries the scope of the Westminster courts’ jurisdictional competence became enlarged. The fictions enabled these courts to settle matters that originally were beyond the scope of their jurisdiction. The application of fictions resulted also in the broadening of the scope within which the particular writs could be resorted to. This consequently led to the extention of legal protection to the situations with respect to which the earlier common law proved helpless for the lack of any legal remedy.

5

Instytucja niesłusznego zbogacenia w polskim Kodeksie zobowiązań z 1933 r. na tle współczesnych kodyfikacji

100%

Halberda J.

Krakowskie Studia z Historii Państwa i Prawa

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2012

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vol. 5

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issue 4

PL

THE UNJUST ENRICHMENT AS REGULATED IN THE CODE OF OBLIGATIOON OF 1933 AND COMPARED WITH SIMILAR SOLUTIONS FOUND IN THE OTHER CODES F THE TIME The paper discusses the unjust enrichmennt as found in the Polish Code of Obligations of 1933. The discussion is conducted in a comparative way and makes allusions to other regulations of the time (those detectable in the ABGB, Code Civil, BGB, Obligationenrecht). It also makes reference to the solution accepted in the Polish Civil Code of 1964. What was discussed was the very construction of unjust enrichment as found in the aforementioned regulations (1), grounds for the claims (2), the scope within which the duty to return the enrichment applied (3), the nature of the claim – whether it was autonomous or subsidiary (4). In his final remarks, the author tried to assess the discussed institution as regulated in the Code of Obligations (5).

6

Kronika

33%

Kuisz J., Kowalczyk T., Fiktus P., Halberda J., Kanecki O., Urbańczyk M., Przygodzki J., Krzymkowski M.

Czasopismo Prawno-Historyczne

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2015

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vol. 67

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issue 2

365-380

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Fibrosa S.A. v. Fairbairn Lawson Combe Barbour Ltd (1942). Spółka z Kresów przed Izbą Lordów

Dzieje doktryny actio personalis moritur cum persona w angielskim common law

Amerykańskie prawo bezpodstawnego wzbogacenia w Restatement z 2011 r.

Fikcje prawne w nowożytnym common law na tle sporów kompetencyjnych z udziałem sądów westminsterskich

Instytucja niesłusznego zbogacenia w polskim Kodeksie zobowiązań z 1933 r. na tle współczesnych kodyfikacji

Kronika