Search results

1

Korporowicz, Łukasz Jan, ed. Teaching Legal History – History of Legal Teaching (Acta Universitatis Lodziensis, Folia Iuridica 99 [2022]) (pp. 192, ISSN 0208- 6069; e-ISSN 2450-2782)

100%

Dąbrowski K.

Krakowskie Studia z Historii Państwa i Prawa

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2024

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vol. 17

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issue 4

539-542

2

W XXI wieku są jeszcze problemy z emfiteuzą

80%

Winiarczyk-Kossakowska M.

Przegląd Prawa Publicznego

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2013

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issue 6

20-30

EN

The article concerns the history of emphyteusis as a legal institution and its modernday implications for land ownership in Poland. It describes the origins of emphyteusis and its different forms and functions fulfilled in property relations within the borders of modern Poland. It focuses on problems connected with emphyteusis rights established under expired or repealed acts and concludes with an analysis of their status pursuant to the civil law currently in force.

3

The Evolution of Joint-Stock Company Law in the Czech Lands: From Habsburg Codification to Post-Communist Reform

80%

Dostalík P.

Krakowskie Studia z Historii Państwa i Prawa

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2025

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vol. 18

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issue 4

659-677

EN

This article examines the legal regulation of joint-stock companies in Czechoslovakia, focusing particularly on the Joint-Stock Companies Act (No. 243/1949 Coll.) and its historical development. It offers a comparative analysis between the socialist-era framework and its predecessors rooted in Austrian commercial law, especially the General German Commercial Code of 1861 (ADHGB) and the Austrian Commercial Code of 1861 (AHGB). The study traces the evolution of joint-stock company law from the Austro-Hungarian Empire through the interwar Czechoslovak Republic and the communist era, culminating in the post-1989 reforms and the current Czech legal framework under the Commercial Corporations Act (No. 90/2012 Coll.). The paper highlights the ideological and political shifts that shaped the transformation from state-controlled economic models to a modern market-oriented corporate structure, while emphasizing the continuity and adaptation of legal traditions throughout these changes.

4

The specific position of the animal, especialy a dog in the roman and modern Czech law

70%

Wiewiorowski J., Dostalík P.

The Lawyer Quarterly

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2017

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vol. 7

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issue 1

12-28

EN

Considerable attention is paid to issue of things at the present time. The new Czech Civil Code (NOZ) introduces big changes, one of these changes is definition of things „in a wide-ranging way“, including introducing the term of things we cannot touch (res incorporales of Roman Law). In this context, the particular importance has the concept of animal. The article examines the concept of animal in the Czech and Roman Law, especially relationship between man and dog. The legal regime of a dog in the Roman Law and in the present Czech Law is significantly different. The Roman Law considered the dog as a thing and dogs in Roma had the same status as other things (including slaves). The article deals with the legal status of dogs as things, masteręs responsibility for a damage caused by their dog (actio de pauperiae). In the Czech Law in contrary, an animal does not have the status of thing, but „entity“, that is different. However, dogs in ancient Rome had the special status as well as in the Czech Republic nowadays. In Rome, dogs were considered as an example of fidelity (canis fidelis), dogs were not only hunting companions, but also pets (pets). Dogs were provided with special care by doctors-specialists, we have preserved statues of dogs and their image on headstones, together with their masters. We can find the same status of dogs also in life of present-day Czechs who invest large sums in the health care for dogs, in their diet and even in their look. Then we can see that despite the different legislation in the Czech Republic and in ancient Rome, the position of man and dog is very similar, despite all the social and cultural differences. The article deals with the matter of roots of such position. It seeks the answer by means of evolution psychology in human race prehistory. The close relationship to the dogs is given by the fact that dogs were the first domesticated animals. The article describes the process of domestication when dogs became guards of prehistoric peopleęs home, as well as their companions on hunting. This is how the strong bond between man and dog was created and it continues until these days.

5

Between history and sociology - remarks on differences in perceiving "legal culture" as a subject of interest by various disciplines of jurisprudence, particularly sociology of law and the disciplines of the history of law

70%

Kociołek - Pęksa A., Pęksa W.

The Lawyer Quarterly

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2016

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vol. 6

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issue 4

209-225

6

The procedures of election the head of state in the Republic of Poland before the Second World War

70%

Lewandowski B.

The Lawyer Quarterly

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2016

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vol. 6

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issue 2

82-89

EN

The article concerns a legal way of election the President in the Polish legal order between second world war. The April Constitution 1935, which made the head of state the most powerful body, tried to reflect the political orientation of its creators. The Constitution from 1935 was made personally for Józef Piłsudski. The political option, ruling Poland after 1926, had to construct the wise of president election, which would be secure for the this option.

7

Establishment of a judicial system and ensuring independence of judges in Lithuania, 1918–1920

70%

Machovenko J., Šinkūnas H.

Prawo

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2019

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issue 327

269-283

EN

The problems of court relations with the other branches forming the constitutional triad of powers (the legislative and the executive) as well as judicial independence are among the most sensitive issues, which never lose their relevance. The article deals with the problems by reference to the constitutional and ordinary law of 1918–1920, the circulars of the Ministry of Justice, other legislation, as well as research papers. A retrospective analysis of certain issues is also presented (by way of establishing links with the Constitution of 3 May 1791 and other historical sources of law). The co-authors have arrived at the conclusion that, while refl ecting general observance of the principle of separation of powers and the intention to ensure judicial independence, the Founding Principles of 1918 and 1919, adopted by the State Council, and the Interim Constitution of 1920, adopted by the Constituent Assembly, enshrined the legislative and the executive powers explicitly but judicial power only implicitly (the texts do not even mention courts and the respective principle is derived from the others). Due to the severe shortage of lawyers in 1918–1920, judges were allowed to serve in the executive branch at the same time. The Ministry of Justice explained the law to judges, while judges assisted the executive (such as the police) in discharging their functions. All that contradicted the principles of separation of powers and judicial independence but was accepted as an unavoidable and temporary arrangement. The Ministry of Justice tried to avoid abusing its power and harming the dignity of the judicial system’s employees by intrusive oversight, and acted in their regard as discretely as possible. It encouraged judicial independence and activism and demonstrated confi dence in the courts.

8

Sexuální morálka a královská autorita:

70%

Nodl M., Miller S.

Český časopis historický (The Czech Historical Review)

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2020

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vol. 118

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issue 3

599-618

EN

The study is devoted to the issue of legal codifications of the Bohemian king Charles IV and the Polish king Casimir III the Great from the perspective of their sexual moral regulation in the form of punishment for the crimes of kidnapping and rape. In it, the author examines in a comparative way the connection of both legal norms to earlier legal customs, their relation to public law initiative, to archaic legal customs and to the social conditionality of the punishment of both sexual crimes.

9

Liability Related to Animals in the Statute of the Lwów Armenian Community

70%

Dzikowski A.

Miscellanea Historico-Iuridica

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2024

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vol. 23

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issue 2

369-396

EN

The pre-partition Kingdom of Poland was considered homeland by numerous minorities, including a group of Middle-Eastern immigrants – the Armenian diaspora. They brought with them their own laws, customs, faith and language, and after settling in a new place, in south-eastern Poland, they were able to interact with other residents and creatively transform and develop their legal system. The creation of the Lwów Armenian Statute was initiated by a dispute between the Lwów city authorities and members of the Armenian community in 1518. The content of the normative text of the Statute, however, predates its final redaction. In fact, it is a patchwork and complex normative act. The most important of its sources was the oldest Armenian lawcode: the Datastanagirk of Mkhitar Gosh. His work integrated various legal concepts, most essential of which constituted the Mosaic law of the Pentateuch. Both Mkhitar Gosh and his unknown successors did not simply copy and join together parts of earlier normative acts, they rather processed, re-read, and up-dated norms. The discussed Statute contains legal solutions which adopted in an original way the legal thought of different sources and created own, innovative normative concepts. Among those we can find a variety of legal norms covering liability related to animals.

10

Jubileusz Profesora Jerzego Malca

70%

Cichoń P.

Krakowskie Studia z Historii Państwa i Prawa

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2013

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vol. 6

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issue 1

PL

Jubilee of Professor Jerzy Malec On 5th December 2012, Andrzej Frycz Modrzewski Krakow University witnessed the 40-year anniversary of scholarly work of prof. dr hab. Jerzy Malec, an outstanding Cracovian legal historian, Rector of the A.F.M. Krakow University, and a long-standing associate of the Faculty of Law and Administration at the Jagiellonian University. The laudation was held by prof. dr hab. Wojciech Witkowski from Maria Curie-Skłodowska University in Lublin. Prof. dr hab. Jerzy Malec was given an anniversary book entitled Regnare – Gubernare – Administrare (edited by Stanisław Grodziski and Andrzej Dziadzio from the Jagiellonian University).

11

Constitutions and Constitution-making during the Communist Government Constitutional Development in Czechoslovakia in the 1950s

70%

Hablovič J., Knoll V., Pezl T.

Krakowskie Studia z Historii Państwa i Prawa

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2025

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vol. 18

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issue 3

295-310

EN

The article discusses the development of constitutional law in Czechoslovakia during the 1950s. It briefly summarizes the most significant events that preceded this period and had the greatest impact on constitutional changes at the time. The most notable change of this period was the adoption of the “Ninth-of-May Constitution,” which laid the foundation for the implemented reforms. Given the importance of this document, the article describes the circumstances of its creation, including a competing constitutional draft. Special attention is paid to the constitution’s content and the additional legislation that supplemented and amended it. In connection with this legislation, the article provides examples demonstrating that constitutional guarantees of the separation of powers and fundamental human rights were violated and subordinated to the totalitarian regime led by the Communist Party of Czechoslovakia.

12

National Laws Related to Intangible Cultural Heritage: Determining the Object of a Comparative Study

70%

Vaivade A., Wagener N.

Santander Art and Culture Law Review

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2017

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vol. 3

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issue 2

91-108

EN

This article is part of a collective research that focuses on studying various national legal tools elaborated for implementing the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (ICH), adopted in 2003. Instead of presenting the first results of this comparative law research project still in progress, the purpose of this article is to question the object of such a comparative study – before comparing and even before defining the scope of the study in terms of countries to be studied. It is certain that a comparative study on ICH law cannot be carried out simply based on a database gathering national laws using the term “ICH”. The pitfall is twofold: on one hand, it would be an error to think that one starts from nothing, and that ICH law remains still to be written in the vast majority of States; while on the other hand it would also be an error to create artificial continuities, with more or less assumed political implications, made up of legal regulations of yesterday and today which, nevertheless, do not claim to concern ICH. It is in the interval between these two extremes that legal continuities, as well as disruptions of the legislative histories may be observed, and all of these would enrich our understanding about the contexts in which the term “ICH” has been incorporated into national legal systems.

13

Prostytucja w Polsce

61%

Fajst M.

Archiwum Kryminologii

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2006

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issue XXVIII

149-168

EN

In 1952 Poland ratified the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others that abolished the criminalisation of the prostitution. But the same Polish authorities decided to continue their former policy using administrative and quasi-judicial institutions. Was it a way to control women or to control the whole society?

14

The Destruction of Legal Reason: Lessons from the Past

61%

Cercel C.

Acta Universitatis Lodziensis. Folia Iuridica

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2019

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vol. 89

15-30

EN

The legal predicament of today in Europe and beyond takes the form of a devaluation of the meaning of legality, constitutionality and, of the rule of law. What we are dealing with is yet another crisis of both the tradition of the Rechtsstaat in continental setting and, more broadly, of liberal legality. While this disruption within the sphere of the law seems to mirror the reshuffling in established politics that took place over the last twenty years, it traces back to central jurisprudential questions that have made the substance of crucial debates during the interwar and have fashioned both the field of constitutional theory of the continent and our jurisprudential apparatus for approaching the nexus between law and politics. In this article I argue that the apparent uchronia that the current status of the law opens in relation to past theoretical questions that were seeking to ground legality, is neither a simple by-product of a Zeigeist oversaturated by appeals to procedural democracy or for returns to sovereign power, nor a mere regression to past juridico-political settings. It is a historical development that has been dormant for the past decades, yet has slowly undermined legal thought and praxis. Revisiting, as a matter of historical and jurisprudential inquiry, the context and the content of this original opposition between liberal legality and its enemy, is a way of understanding what constructs our own contemporary situation.

15

The Subjects of Public International Law in a Globalized World

61%

Kirchner S.

Baltic Journal of Law & Politics

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2009

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vol. 2

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issue 1

83-96

EN

Today we are witnessing a fundamental shift in Public International Law (PIL) in which the number of actors increases dramatically and in which communication means power. The matrix of PIL is undergoing a major change. This change is not abrupt but has to be seen in the context of the shift away from the Westphalian model of PIL since 1945. Also, globalization is not a new phenomenon, although the current era of globalization, which was made possible due to the fall of the iron curtain and recent technological developments, raises the question how to describe the emerging international legal community in terms of international legal theory. As the importance of the role of the state as an actor of international law is reduced (albeit not to a degree that the state would lose its de facto primacy among the subjects of international law), other actors are gaining ground, in particular international organizations, transnational corporations, NGOs and individuals. Today the latter not only have rights under Public International Law but are also involved in the creation of new rules of international law.

16

Legal cultures between Europe and the Far East in historical context

61%

Tomášek M.

Český časopis historický (The Czech Historical Review)

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2023

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vol. 121

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issue 2

441-480

EN

The paper considers legal transplants and their launching into legal systems of countries in the Far East, namely China, Japan, Korea and Vietnam since 1868. The author follows the impact of individual foreign legal systems stemming from Continental Law (the German subsystem and the Roman subsystem) and Common Law. The impact of German law prevailed in the Far East countries listed above, but the influence of US law primarily in modern Japan should not be underestimated. The paper deals with the transposition of foreign patterns into the respective written law, i.e., law in books. In addition, it demonstrates through concrete examples how interpretation of the law in books developed, i.e., law in action, which quite often shifted the original European meaning closer to traditional East-Asian mode of thinking.

17

Likwidacja przedmiotu historia państwa i prawa Polski na Wydziale Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

61%

Jurek P.

Krakowskie Studia z Historii Państwa i Prawa

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2014

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vol. 7

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issue 4

683–692

EN

The merging of the Constitutional and Legal History of Poland with the General Constitutional and Legal History into one subject Constitutional and Legal History gave rise to the fear that Polish constitutional and legal institutions may be blurred in the area of general history. The absence of individual subject, whose name reflected Polishness, might contribute to the weakening of the spirit of historical community of Polish society, the spirit being previously moulded by the discussed subject. The essential educational element in the forming of the frame of mind of the lawyer inclined toward humanities is the knowledge of above all the constitutional history of his own country, the evolution of its political institutions and the law applied in courts. The discussed modification of the process of educating future lawyers at the Faculty of Law, Administration and Economy of the University of Wrocław may push to the background questions which laid the emphasis on the vernacular legal culture of the state. It is from the native constitutional and legal history that we obtain the first line experience. The subject that was thus eliminated was the one characterized by rich historiography and the one that emphasized the historical continuity of Polish state and law.

18

‘Arrestez et pillez contre toute sorte de droit’: Trade and the War of the Quadruple Alliance (1718–1720)

61%

Dhondt F.

Legatio: The Journal for Renaissance and Early Modern Diplomatic Studies

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2017

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issue 1

PL

The War of the Quadruple Alliance (1718–1720) was a conflict between Spain and the other major European powers over the balance of power in Italy. France and Britain jointly intervened on the side of the attacked party, Emperor Charles VI. In February 1720, the conflict was resolved when Philip V of Spain finally adhered to the Treaty of London (2 August 1718). The decision to go to war was contentious at the French court. For the benefit of public opinion, Philip, duke of Orléans and Regent of France, had to wage war against the Spanish Prime Minister, Cardinal Giulio Alberoni, rather than against the Sun King’s grandson, Philip V. Moreover, whereas French and British diplomats found consensus as regards maintaining the principles of the Peace of Utrecht (11 April 1713), they remained commercial rivals. This article lifts a tip of the veil covering the complex trade relations during the conflict. Spain tried to placate and reassure French merchants, and conversely to punish their British counterparts. The British fleet patrolled the Mediterranean, searching French vessels as well as those of neutral states. The Emperor, though allied to France and Britain, could not prevent Neapolitan corsairs from preying on their trade. Moreover, French ships illegally furnished the Spanish army. Finally, France and Britain hoped to quell the abuse of neutral powers in the conflict (Tuscany, Genoa, Venice) by imposing upon them a duty to chase Spanish privateers from their harbours. The complaints of French traders, as indicated by the consuls to the Conseil de la Marine and the Regent himself at the apex of the French government, reveal pleas borne out of frustration, as well as appeals to either the law of nations or consular protection to shield merchants from assaults and abuses. When war was declared, inimical, friendly or allied relations in high politics seemed almost irrelevant. The military conflict generated uncertainty and damaged the reputation of the French flag. Diplomatic pressure on the neutral powers was seen as being more effective than reliance on seemingly corrupt or biased local jurisdictions. The Regent’s management of the conflict – in close collaboration with Britain, despite all the difficulties on the ground – is all the more remarkable.

19

Kilka uwag o nowych zadaniach polskiej romanistyki powojennej

61%

Czech-Jezierska B. A.

Studia Prawnicze KUL

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2021

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issue 1

35-55

EN

The article presents some parts of the history of Roman law studies in Poland after World War II – a time when Polish scholars were faced with a new political reality. The author’s inspiration is Maria Zabłocka’s work, Romanistyka polska po II wojnie światowej (Warszawa 2002), in which some periods during this time span were mentioned. These periods have been highlighted by Roman law scholars’ tasks pointed out in the article. The tasks resulted from urgent challenges, concerning the creation of handbooks and scripts of Roman law, and caused by political and ideological changes, which also affected science. During the Soviet science domination period, the ideology of the socialist regime played a great role in politics. Marxist historians and ideology rejected Roman law as the law of the slavery-based system, in which private property dominated. Their views on this subject also permeated the research on Roman law, which was to be studied in an appropriate way, based on the method of historical materialism. Roman law scholars also tried to apply the Marxist method in their research. The state socialist authorities in People’s Poland were against the study of Roman law and tried to eliminate it from the university curriculum, as it was deemed unsuitable for the new ideologies. Despite these difficulties and pressures, thanks to the efforts of Roman law scholars made to carry out these tasks, Roman law maintained its position as a university subject and is still taught in centres of legal education in Poland. Key words: Roman Law studies, legal history, jurisprudence in Poland after World War II

PL

Przedmiotem artykułu jest analiza rozwoju nauki prawa rzymskiego w powojennej Polsce, gdy romaniści musieli odnaleźć się w nowej rzeczywistości politycznej i ustrojowej. Inspiracją autora stała się m.in. publikacja Marii Zabłockiej, Romanistyka polska po II wojnie światowej, Warszawa 2002, w której pojawiły się próby wskazania pewnych etapów w okresie nią objętym, warte doprecyzowania. Zostały one wyeksponowane w artykule poprzez nakreślenie nowych zadań, przed jakimi romaniści zostali postawieni bezpośrednio po wojnie. Wynikały one z pilnych potrzeb, np. w zakresie zapewnienia pomocy dydaktycznych w zakresie prawa rzymskiego, jak również ze zmian ustrojowych i ideologicznych mających wpływ również na naukę. W czasie dominacji nauki sowieckiej w tzw. państwach socjalistycznych ideologia marksistowska i marksistowscy historycy odrzucali prawo rzymskie jako normy prawne formacji niewolniczej, opartej na własności prywatnej. Poglądy na ten temat przenikały również do romanistycznych badań naukowych, prawo rzymskie należało badać w odpowiedni sposób, oparty na metodzie materializmu historycznego. Władze w Polsce Ludowej próbowały wówczas również zlikwidować prawo rzymskie w kształceniu uniwersyteckim jako nieodpowiadające nowej ideologii. Pomimo trudności, przez które kadry romanistyczne musiały przebrnąć w okresie Polski Ludowej, i dzięki staraniom włożonym w realizację postawionych przed nimi zadań prawo rzymskie utrzymało swą pozycję odrębnego przedmiotu dydaktycznego i jest nadal wykładane w uniwersyteckich ośrodkach edukacji prawniczej w Polsce.

20

Z problematyki wykorzystania źródeł w nauczaniu przedmiotów historycznoprawnych

61%

Dąbrowski K., Fermus-Bobowiec A., Szewczak-Daniel M.

Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego

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2020

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vol. 15

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issue 17 (1)

33-51

EN

The legal source texts are an essential didactic tool in the teaching history of law. The students should not only read texts, but they should look for the specific information in them, interpret and analyse. Working with the source texts with the students has a different aim than in the historical studies. It serves to legal interpretation of the regulations, that were in force in the past. It replaces the external and internal 51 criticism. For the teaching of the legal history, it is important that the editions of the legal source texts should include the examples of administrative and judicial application of law and the regional aspect (so interesting for students).

PL

Teksty źródłowe są niezbędnym środkiem w dydaktyce przedmiotów historycznoprawnych. Studenci powinni nie tylko czytać źródła, ale również nabywać umiejętności odszukiwania w nich konkretnych informacji, uczyć się ich interpretacji i analizy. Praca z tekstami źródłowymi na zajęciach ze studentami ma inny cel niż w badaniach naukowych. Służy wykładni prawa przepisów, które obowiązywały w przeszłości z mniejszą rolą wewnętrznej i zewnętrznej krytyki źródła. W nauczaniu historii prawa ważne jest, by wydania tekstów źródłowych zawierały przykłady administracyjnego i sądowego stosowania prawa oraz posiadały – interesujący dla studentów – walor regionalny.

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Korporowicz, Łukasz Jan, ed. Teaching Legal History – History of Legal Teaching (Acta Universitatis Lodziensis, Folia Iuridica 99 [2022]) (pp. 192, ISSN 0208- 6069; e-ISSN 2450-2782)

W XXI wieku są jeszcze problemy z emfiteuzą

The Evolution of Joint-Stock Company Law in the Czech Lands: From Habsburg Codification to Post-Communist Reform

The specific position of the animal, especialy a dog in the roman and modern Czech law

Between history and sociology - remarks on differences in perceiving "legal culture" as a subject of interest by various disciplines of jurisprudence, particularly sociology of law and the disciplines of the history of law

The procedures of election the head of state in the Republic of Poland before the Second World War

Establishment of a judicial system and ensuring independence of judges in Lithuania, 1918–1920

Sexuální morálka a královská autorita:

Liability Related to Animals in the Statute of the Lwów Armenian Community

Jubileusz Profesora Jerzego Malca

Constitutions and Constitution-making during the Communist Government Constitutional Development in Czechoslovakia in the 1950s

National Laws Related to Intangible Cultural Heritage: Determining the Object of a Comparative Study

Prostytucja w Polsce

The Destruction of Legal Reason: Lessons from the Past

The Subjects of Public International Law in a Globalized World

Legal cultures between Europe and the Far East in historical context

Likwidacja przedmiotu historia państwa i prawa Polski na Wydziale Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

‘Arrestez et pillez contre toute sorte de droit’: Trade and the War of the Quadruple Alliance (1718–1720)

Kilka uwag o nowych zadaniach polskiej romanistyki powojennej

Z problematyki wykorzystania źródeł w nauczaniu przedmiotów historycznoprawnych