Concepts of law by Gabriel Shershenevich and their knowledge in Poland Cover Image

Koncepcje prawa Gabriela Szerszeniewicza a ich znajomość w Polsce
Concepts of law by Gabriel Shershenevich and their knowledge in Poland

Author(s): Adam Bosiacki
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego

Summary/Abstract: The paper presents legal attitudes of Gabriel Shershenevich, known as one of the greatest civil law theorists in Russia, but almost a forgotten figure in the post-war legal theory in Poland. As one of the scientists of the Russian civil law, his views are concerned as the absolute basis in commercial law in this country. The paper reminds Shershenevich’s legal, social and political activities. They concern a traditional legal basis of commercial law with reception of German, but also with a certain background in the Russian non-written tradition, the fight in shaping Russian constitutionalism within the State Duma as a pattern of a future parliament, and the Polish question in which the scholar declared himself as a Pole and consequently performed his deeds also in this matter. Apart from the specific questions, Shershenevich’s legal concepts presented eminent and valuable legal analysis of civil law, focusing on traditional point of property, marriage, family legal relations, as well as seeking the model of traditional rule of law in a continental scope in Russia. Not only due to these facts are Shershenevich’s ideas respectively treated in the contemporary Russia, but paradoxically they do not exist in the field of legal theory in Poland.

  • Issue Year: 2013
  • Issue No: 57
  • Page Range: 19-25
  • Page Count: 7
  • Language: Polish