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The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence

100%
Guzik-Makaruk E. M., Fiedorczyk P.
Internal Security
|
2018
|
vol. Special Issue
17-29
EN
Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
2
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PRACE NAD PRZYGOTOWANIEM USTAW PATENTOWYCH W OKRESIE TYMCZASOWEJ RADY STANU KROLESTWA POLSKIEGO, 1917–1918

86%
Łotysz S.
Analecta. Studia i Materiały z Dziejów Nauki
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2017
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vol. 26
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issue 2(51)
37-53
EN
Shortly after Poland regained its independency in November 1918, the Chief of State Józef Piłsudski signed two decrees introducing the patent law in the country and bringing the Polish Patent Office into existence. In recent literature, the introduction of both decrees has been acknowledged as the starting point of legal patent protection in the independent Poland, while it is largely forgotten to whom the whole preparatory work should have been attributed. The draft of the patent law signed by Piłsudski has been worked out well before November 1918, by the Ministry of Industry of the Provisional Council of State of the Kingdom of Poland, a quasi-independent governing body established by the German and Austro-Hungarian occupying forces. This article attempts to reconstruct a contemporary discourse upon that issue, while explaining at the same time the reasons that made the enacted law very much imperfect. This work is based mainly on authentic documents from that era, and, since it uses both legal and technical writings, it is a novel attempt to address this issue. This paper argues that deficiencies of the first Polish patent legislation resulted from inability or, perhaps, unwillingness of the Ministry of Industry to seek advices from the experts in patent law – lawyers and patent agents, unquestionably being the most predisposed to this task.
3

Transeuropejska droga wodna przez Polesie a kwestia jego osuszenia w II Rzeczpospolitej

72%
Łotysz S.
Kwartalnik Historii Nauki i Techniki
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2018
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vol. 63
|
issue 1
7–37
EN
The reclamation of the Pinsk marshes, as envisaged in interwar Poland, was one of the most ambitious national investment projects of the era. The plan was closely linked with the concept of a trans-European waterway running through Polesie, that was also being contem¬plated around that time. The latter project was embedded in a larger discussion about Poland’s inland navigation. Eventually, neither of these projects were finalized or even begun, before the second world war broke out. This paper analyses the discourse that took place on both issues, with a particular focus on their inevitable intersection. While describing the political background of this discourse, the article reconsiders the role of the engineers as the principal, sometimes overlooked, players in these processes. This research was supported by the National Science Centre, Poland, Grant No. 2015/19/B/HS3/03553
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