The doctrinal concepts of the unification of law in the period
of the Second Polish Republic in the pages of Warsaw legal journals Cover Image

Doktrynalne koncepcje unifikacji prawa w okresie II Rzeczypospolitej na łamach warszawskich czasopism prawniczych
The doctrinal concepts of the unification of law in the period of the Second Polish Republic in the pages of Warsaw legal journals

Author(s): Mikołaj Truszkowski, Adam Białas
Subject(s): History of Law, Interwar Period (1920 - 1939)
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: unification of law; coherence of law; harmonization of law; legal doctrine; legal journals; legal systems; the Second Polish Republic;

Summary/Abstract: The issue of the unification of law in the Second Polish Republic after regaining in-dependence gained a significant response in the pages of Warsaw legal magazines, suchas: Gazeta Sądowa Warszawska, Kwartalnik Prawa Cywilnego i Karnego or Palestra. Theopinions of jurists varied significantly, including different postulates concerning prioritybranches of law for unification. However, a large part of the doctrine indicated civil law asa priorate for unification, in terms of the correctness of legal transactions. Moreover, law-yers criticized state authorities for their passivity in codifying process. In their opinion, theministries should systematize and translate into Polish the legal acts in force in the areasof each former partition. The greatest challenge in this regard concerned the former King-dom of Poland and the Russian partition, where normative acts were published in variouspromulgation journals. There were also doubts about the territorial scope of these provi-sions. Moreover, attention was drawn to the lack of communication between the ministrieswhich did not communicate with each other when preparing ad hoc draft legal acts, whichwas contrary to the principle of legal consistency.

  • Issue Year: XXVII/2024
  • Issue No: 1
  • Page Range: 53-67
  • Page Count: 15
  • Language: Polish
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