Unification and Codification of the Law on Joint-Stock Companies in the Second Polish Republic Cover Image

Unifikacja i kodyfikacja prawa o spółkach akcyjnych w II Rzeczypospolitej Polskiej
Unification and Codification of the Law on Joint-Stock Companies in the Second Polish Republic

Author(s): Leonard Górnicki
Subject(s): Law, Constitution, Jurisprudence, History of Law, Law on Economics
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: joint-stock companies; unification and codification of law; Polish Commercial Code 1934; the system of concession; the normative system

Summary/Abstract: The text is about the unification and the codification of the law on joint-stock companies in Poland in the years 1918–1939. The author analyses the process of preparing the draft, which led to the President’s decree from March 22nd, 1928, Law on Joint-Stock Companies (Journal of Laws No. 39, item 383). This decree was subsequently included into the Commercial Code, which was passed as the President’s decree from June 27, 1934, part I (Journal of Laws No. 57, item 502). As the author endeavours to prove, the law on joint-stock companies was a common work of the Codification Committee, established in 1919, and the Ministry of Industry and Commerce. The main contribution to the works was made by professor Aleksander Doliński, who was chairman of the subcommittee of commercial law in the Codification Committee. Also dr. Witold Supiński, legal counselor in the Ministry of Industry and Commerce, played an important role. In the last phase of works on the Commercial Code, the contribution of professor Tadeusz Dziurzyński should be mentioned. The author then characterizes the basic grounds of Polish law on joint-stock companies. He expresses that the normative system, instead of concession system, was implemented (with some exceptions). Like other modern legal systems, the law did not construct the definition of the joint-stock company, but pointed out the important elements which differentiate it from other companies. The author examines these elements. In conclusion he expresses that Polish law on joint-stock companies was an original law, based on domestic experience of commerce. However, it referred to the German Handelsgesetzbuch from 1897 (§ 178–319 HGB).

  • Issue Year: 14/2015
  • Issue No: 1
  • Page Range: 133-168
  • Page Count: 36
  • Language: Polish