Advitalitas simplex i advitalitas mutua w polskim prawie ziemskim
Advitalitas simplex and advitalitas mutua in Polish Land Law

Summary/Abstract: Constitutional history has today achieved a dominant place among the various categories of law. The question this raises is whether or how far contemporary problems, both national (German reunification) and international (European Union), which also pose contemporary political problems, have influenced historical research on the development of the modern constitution. The changing relationship between contemporary constitutional law and historical research on the theory and reality of constitutional development remains to be investigated. The following might serve as historical research criteria: 1) The concept and notion of the constitution; 2) their function, and 3) editions of constitutional texts in Germany in the last 15 years.The life estate agreement – advitalitas inter coniuges – one of the most important private law institutions of the Polish-Lithuanian Commonwealth period has not been subjected to exhaustive research so far. In the historical and legal literature devoted to matrimonial property law, no consensus was reached regarding the nature of life contracts. While most authors raise doubts regarding the obligation to make reciprocal provisions by both spouses as a prerequisite for an effective conclusion of the contract, the source materials do not seem to confirm this thesis. The contract forms used in the land and town courts, the opinions of the authors of the compendia, and the studies of the old Polish law and practice form the basis for the assertion about admission to legal turnover of unilateral lifetime subscriptions.

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