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1

Od szlacheckiego dziedziczenia ustawowego ku wolności testowania w Kodeksie Napoleona

100%

Bieda J., Marciniak-Sikora A.

Studia Prawno-Ekonomiczne

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2012

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vol. LXXXVI (86)

11-29

EN

Nowadays, Polish law of succession generally accepts the principle of testamentary freedom, which means that each man is able to dispose of his property as he wishes by unilateral act called will. Nevertheless the testamentary freedom was not always recognized by Polish law as the main principle ruling the succession law in Poland. In the beginnings, Old-Polish law was not acquainted with inheritance of the property at all, as in Middle Ages everything that was owned by family as a whole, created one unit called niedział. Although the family members didn’t have any share in this integrated property, they had rights to all of it as a whole. This entitlement neither could be transferred nor inherited by other family members, but they gained ex lege the deceased’s right to integrated family property (niedział). This process did not affected substance of property. During the 13th century, family bonds were loosened, which effected in the appearance ofindividual property. This resulted in creating rules of intestacy regulating passing on property, titles, debs and obligation upon the death of an individual (succession ab intestato). Testament as a legal institution appeared at the turn of 12th and 13th century. Still, the Old- Polish customary laws related to family members rights to property tried to resist testamentary freedom. Not until 19th century were radical changes introduced in the area of succession law all over the Europe, including Poland. The Age of the Enlightenment spread the idea of unlimited right of ownership and that finally led to the acceptance of testamentary freedom.

2

U zarania prawa zobowiązań. Sposoby zabezpieczenia niepodważalności umów w prawie starożytnego Bliskiego Wschodu

75%

Fijałkowska L.

Studia Prawno-Ekonomiczne

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2011

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vol. LXXXIV (84)

117-129

EN

The aim of the article is to present ways of securing the irrevocability of a contract, used in ancient Near Eastern law. They can be analyzed mostly on the basis of sale documents, which are the most numerous extant contracts. Usually, claims by the parties themselves, their kilth and kin, as well as by third persons are forbidden by so-called irrevocability clauses. Oath, corporal and financial penalties are used separately or jointly to protect the agreement. Although the penalties are sometimes extremely harsh, it does not mean that they were not enforced; in this was the case, they would very quickly lose their preventive force.

3

Kodyfikacje prawa polskiego w wieku Oświecenia i spór o rolę prawa rzymskiego na początku XIX stulecia

75%

Jakubowski I.

Studia Prawno-Ekonomiczne

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2009

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vol. LXXX (80)

103-113

EN

In the first part of his work, the author presents two attempts at the codification of Polish law undertaken at the end of the 18th century, while in the second deals with the problem of a heated discussion, commenced in 1800, on the role and position of Roman law in Polish law of the pre-partition epoch. The author emphasizes the unfortunate fact that both codification enterprises remained attempts only. The so called “Zamoyski Code” of 1778 did not gain the force of binding law, both for substantive and political reasons. Work on the so called “Stanislaus August Code” did not go beyond the stage of acquiring materials and sending prospectuses. In both these projects one can find a considerable number of references to legal solutions of the ancient Romans, especially in widely understood civil law (right in property, obligation law, law of inheritance, family law). The discussion on Roman law and its presence in former Polish law initiated by Tadeusz Czacki, and soon (1806) undertaken by his adversary, Jan Wincenty Bandtke, found many outstanding followers in the persons of J. Lelewel, R. Hube, A. Kraushar or W. Maciejowski. Czacki sought the provenance of Polish law in northern laws and did not see any influences of ius romanum. Bandtke, on the other hand, regarded Roman law as a binding force in the development of Polish law. The seasoned expert of the course of that discussion, J. Kodrębski, states that in the first half of the 20th century it still antagonized scholars and virtually it was not definitely resolved. The beginnings of this polemics perfectly corresponded with the introduction of the Napoleonic Code in the Duchy of Warsaw. Kodrębski perceives in this process the only successful attempt of reception of Roman law in Poland.

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3 Studia Prawno-Ekonomiczne

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1 Fijałkowska L.

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1 Marciniak-Sikora A.

Od szlacheckiego dziedziczenia ustawowego ku wolności testowania w Kodeksie Napoleona

U zarania prawa zobowiązań. Sposoby zabezpieczenia niepodważalności umów w prawie starożytnego Bliskiego Wschodu

Kodyfikacje prawa polskiego w wieku Oświecenia i spór o rolę prawa rzymskiego na początku XIX stulecia