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1

Austriacki kodeks cywilny a orzecznictwo

100%
Griss I.
Kwartalnik Prawa Prywatnego
|
2013
|
vol. 22
|
issue 1
5-14
EN
The publication introduces to the Polish readers the Austrian Civil Code (ABGB). The 200 years binding of this regulation in the Austrian legal order has given a great opportunity to present this legal document. The article focuses on the importance of the jurisdiction in the Austrian civil law. It is to emphasized that the judges adjudicating on basis of the Austrian Civil Code (ABGB) enjoys a great legislator’s confidence and they have much discretion. Particularly it is showed what is the influence of the historical stream and pandects on the regulation of the Austrian Civil Code (ABGB) and the jurisdiction. Separately there is considered the impact of the social transformations upon the interpretation of the provisions of the binding Austrian Civil Code (ABGB).
2

Wielokrotni rozwodnicy na wokandzie Sądu Okręgowego w Krakowie w latach 1918–1945

88%
Zarzycki Z.
Krakowskie Studia z Historii Państwa i Prawa
|
2014
|
vol. 7
|
issue 2
287–298
EN
Among those who claimed a divorce the years 1918–1945 in the District Court in Krakow, were mainly those for whom it was the first marriage that they wished to dissolve. The number of other cases, that is spouses for whom it was the second or else a successive marriage, amounted to around 13%. Generally, we can talk of five (or maybe six) cases of divorce proceedings between spouses whose previous marriages ceased to exist in the effect of a divorce. Taking into consideration the sex of the spouses claiming for divorce, one should observe that in three cases it was women whose previous marriages had ceased in the effect of a divorce, who were now asking for divorce (Cg I 687/21, I Cg 259/30 and I C 301/43), in two cases it was men (I C 1163/35, I C 114/40) and in one case, both spouses had already been divorced before (I C 442/39). It turns out that five out of six cases had ended in a divorce judgment (I Cg 259/30, I C 1163/35, I C 442/39, I C 301/43 and I C 114/40), and one case ended in a withdrawal of the petition for divorce and a discontinuance of legal proceedings (Cg I 687/21).
3

Kodeks cywilny austriacki (ABGB) a wykonanie zobowiązań pieniężnych w II Rzeczypospolitej

63%
Jastrzębski R.
Krakowskie Studia z Historii Państwa i Prawa
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2013
|
vol. 6
|
issue 3
67–276
EN
The article concerns the application of the Austrian Civil Code (ABGB) in the period of the Second Republic of Poland. The paper has three sections: preliminary issues; ABGB and case law; and final conclusions. The first section refers to the application of the Austrian Civil Code during the First World War, when a dramatic drop in purchasing power of the circulating Austrian currency took place in the region of Galicia. The second section discusses the then jurisprudence, based on the Civil Code of Austria (ABGB), which displayed a valorisation trend, despite the prevailing principle of monetary nominalism. In particular, the prevalent theory of private law and, in particular, the theories of F. Zoll, had a great impact on the subsequent fate of Polish valorisation regulations after the First World War. This primarily regards the regulation of the President of the Republic dated 14 May 1924 on the recalculation of private legal obligations named after its principal designer – lex Zoll, including a subsequent regulation contained in the regulation of the President of the Republic of Poland of 27 October 1933 called the Code of Obligations, including in art. 269 the rebus sic stantibus clause. In the last section, the author draws attention to the impact of ABGB, and specifically eminent jurists from Galicia, such as E. Till, F. Zoll, and K. Przybyłowski, on subsequent regulations, including directions in theory of law – the school of “free law” (Freirecht) or the school of “free scientific exploration”. It is worth noting that modern private law arrangements introduced in the 1990s to the Polish Civil Code of 1964, in the form of a rebus sic stantibus clause, have their source in the inflationary experiences after the First World War and Polish jurisprudence based precisely on the Civil Code of Austria (ABGB).
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