The Tradition and Precedent-based Approach Responsible for the Specificity with which Some Universal Concepts of Private Law are Discussed in the English System
The Tradition and Precedent-based Approach Responsible for the Specificity with which Some Universal Concepts of Private Law are Discussed in the English System
Author(s): Kazimierz Baran, Izabela RudySubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: civil law; legal history; Polish civil law; common law
Summary/Abstract: The paper discusses the extent to which it is possible to find the right Polish equivalents of such English concepts as acquisitive prescription (in property law), entitlements of the dependents (in the law of inheritance) and commercial impracticability (in the area of obligations). Although the general idea of the discussed concepts may easily be grasped and smuggled into such Polish institutions as zachowek, zasiedzenie (legitim), and rebus sic stantibus, deeper insight into the description of these concepts in the two legal systems discloses many differences in detail.
Journal: Miscellanea Historico-Iuridica
- Issue Year: 14/2015
- Issue No: 1
- Page Range: 27-32
- Page Count: 6
- Language: English