On the Universalist Heritage in the Codification of Private Law in Poland and Switzerland in the 19th and 20th Century
On the Universalist Heritage in the Codification of Private Law in Poland and Switzerland in the 19th and 20th Century

Summary/Abstract: The objective of this article is to attempt an explanation of the phenomenon which consisted in that in XIX and XX century Switzerland and Poland, whose existing body of legislation prior to the commencement of codification works was similar, took a significantly discrepant direction of developing their legal cultures. What was the reason for Switzerland, which remained in the sphere of influence of French, and Austrian law, to seek natively Swiss sources of law in the process of legal unification, while Poland, shortly after regaining independence, leaned heavily on norms drawn straight out of the civil codes of Germany, Austria and France and chose to avail itself of the old Polish law only to a very limited extent?With the use of descriptive and comparative legal method I argue, that despite the obvious differences in the selection of sources, both Poland and Switzerland codified their private law in the universalist spirit. Differences in the national culture and circumstances preceding the codification works did not impede supporting both codifications on pillars of shared principles of private law.

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