„Declaratio sententiae” in the judgements of The Supreme Court of Magdeburg Law at the castle of Kraków Cover Image

„Declaratio sententiae” w orzeczeniach Sądu Najwyższego Prawa Niemieckiego na zamku krakowskim. Część II
„Declaratio sententiae” in the judgements of The Supreme Court of Magdeburg Law at the castle of Kraków

Author(s): Zygfryd Rymaszewski
Subject(s): History, 15th Century, Administrative Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: The Supreme Court of Magdeburg Law at the castle of Kraków (Ius supremum Magdeburgense castri Cracoviensis); instruction of the high court; Magdeburg law in Poland

Summary/Abstract: Declaratio sententiae is a statement of the court issuing the decision, explaining to the court a quo its doubts related to this decision. In the second half of the fifteenth century, in the practice of The Supreme Court of Magdeburg Law at the castle of Kraków, such instructions were very common. Frequently the lower courts issued questions, but there appeared some cases where a party made an inquiry as well. The questions related both to procedural and material matters. The Supreme Court, while giving instructions, pointed out the errors made by the court a quo, asked for further explanations, and indicated the actions necessary to be performed, determining their consequences.

  • Issue Year: XXIII/2020
  • Issue No: 1
  • Page Range: 221-228
  • Page Count: 8
  • Language: Polish