Artykuł przedstawia rozważania nad właściwym znaczeniem pojęcia prawa, wpisujące się w dyskusję na temat jego konkretnego i abstrakcyjnego ujęcia. Posługując się arystotelesowską ideą phrónesis, autor stara się rozstrzygnąć problem metodą konceptualnej podróży, rozpoczynającej się od Ius romanum w czasach starożytnych, biegnącej poprzez nowożytny Kodeks Napoleona i znajdującej swój kres we współczesnym projekcie Konstytucji Europejskiej.
The article is devoted to František Čáda. The author describes Čáda’s life dedicated to archivistic,teaching, research and editorial work. She describes how the changes of the political regime in 1948 affected the life of this outstanding Czech legal historian, a diligent editor and an excellent teacher who was forced to leave the university. Only thanks to their commitment and assistance prof. Vojtíšek later found application in manuscripts research. Diligent and accurate work brought him recognition not only among law historians even among codicologists.
The article presents the profile of the remarkable historian of the former Poland`s law, who lived in the years 1890-1944. He was an author of numerous works on Polish procedural law and legal situation of peasants in the former Poland; professor and lecturer at the Catholic University of Lublin and the Warsaw University in the years 1922-1944; organizer of the Secret Warsaw University’s Law Faculty during the World War II; member of both Polish and foreign scientific institutions, including Scientific Society of Warsaw, Polish Academy of Arts and Sciences in Cracow, the Scientific Society in Lviv. This article is a memory of this eminent educator and researcher in his 70th death anniversary.
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.
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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