Przepisy uchylające, reguły kolizyjne i klauzule niederogujące w prawie staropolskim

• Authors: Lewandowska-Malec Izabela

Title variants

EN

Repealing Provisions, Conflicts of Laws and Non-Derogatory Clauses in the Old Polish Law

• Languages of publication: PL

Abstracts

EN

The paper deals with one aspect of the law-creating technique, that is with the repealing provisions. The law of the old-time Poland basically did not provide for the derogatory clauses. Nor did it the law applying the derogatory rule: lex posterior derogat legi priori. The old law was treated with the utmost respect since it has been considered to be the best law. As a result it was believed that the old law should not be subject to any changes. In rare cases the law provisions could be abolished when some exceptional situation required such change. It was therefore through such prism that the rule lex specialis derogat legi generali was interpreted. By exploiting the non-derogatory clause the men of the time emphasized that the previously applied law would continue in its binding force in the future. At present the non-derogatory provisions are not something provided for in the legal system.

• Publisher: Uniwersytet Jagielloński. Fundacja Utriusque Iuris
• Journal: Forum Prawnicze
• Year: 2011
• Issue: 3 (5)
• Pages: 9-16

Contributors

author

Lewandowska-Malec Izabela

• Katedra Historii Prawa Polskiego UJ