The concept of personal jurisdiction of commercial tribunals in selected case law of the Appellate Court of the Free City of Krakow. Some issues concerning the application of the French 1807 Commercial Code on the Polish territories Cover Image

Kwestia właściwości osobowej trybunałów handlowych w wybranych orzeczeniach Sądu Apelacyjnego Wolnego Miasta Krakowa. Z zagadnień stosowania francuskiego Kodeksu handlowego z 1807 r. na ziemiach polskich
The concept of personal jurisdiction of commercial tribunals in selected case law of the Appellate Court of the Free City of Krakow. Some issues concerning the application of the French 1807 Commercial Code on the Polish territories

Author(s): Anna Klimaszewska, Michał Gałędek
Subject(s): Economic history, 19th Century, Commercial Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: Code de commerce; French Commercial Code of 1807; case law; personal jurisdiction; commercial tribunals; application of law; Appellate Court of the Free City of Krakow; hard coal mine in Dąbrowa;

Summary/Abstract: The article focuses on the issue of personal jurisdiction of commercial tribunals in selected judgments issued by the Appellate Court of the Free City of Krakow. Considering the fact that court records held in Polish archives (related not only to commercial cases) have been mostly destroyed, and commercial judicature in the territories of the so-called former Galician departments only functioned for a few years, its output deserves special attention. Especially since this matter as provided for in the Commercial code was unclear and ambiguous, and the Krakow judges adjudicated in compliance with the French line, which had shaped not only based on the provisions of the Code de commerce, but above all based on the successively produced in France additional legal acts related to the commercial law, rich case law and legal science that supplemented the code. They had not been adopted in the Polish territories, and publications aiming to familiarize the Polish lawyers with them did not start to appear until the ‘40s of the 19th century, and Polish scholars did not exhibit a serious interest in the area of commercial law until the ‘60s of that century.

  • Issue Year: XX/2017
  • Issue No: 1
  • Page Range: 169-182
  • Page Count: 14
  • Language: Polish