Legal Relations from Consanguinity and Guardianship Law in the Draft of Civil Code from 1948 Cover Image

Stosunki prawne z pokrewieństwa i prawo opiekuńcze w projekcie kodeksu cywilnego z 1948 r.
Legal Relations from Consanguinity and Guardianship Law in the Draft of Civil Code from 1948

Author(s): Piotr Fiedorczyk
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Family and social welfare, WW II and following years (1940 - 1949)
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: Draft of civil code 1948; family law;

Summary/Abstract: The draft of legal regulations about consanguinity and guardianship was supposed to be a part of the codification of civil law, consisting of five parts (so called: books): general part, family law, property law, law of obligations and inheritance law. In the proposed draft the family law was placed as book II, according to pattern coming from the Swiss code. The draft was based on the decrees from 1945–1946, which unified Polish civil law. The authors of this draft have not changed much in the existing law. The proposed changes were improving the legal situation of children coming out of wedlock, there were also some changes in the property relations between parents and children proposed. Few amendments referred to law of adoption. The guardianship law was unchanged. The draft was presenting very high level of civil law. However, the works on the draft code were interrupted in 1949, because the communist authorities declared draft as “bourgeois” one and not suitable in the new political situation of Stalinist Poland.

  • Issue Year: 6/2008
  • Issue No: 1
  • Page Range: 109-123
  • Page Count: 15
  • Language: Polish