Z historii ksiąg gruntowych (Grundbücher)

Author(s): Paweł Blajer / Language(s): Polish Issue: 2/2015

In the article the Author makes an attempt to describe – in a broad historical perspective – the genesis and evolution of the German system of “ground book” (Grundbuch) as an instrument of registration of interests to land. The above-mentioned aim of the article affects its composition and its division into particular chapters. In the first chapter the earliest traditions of Germanic tribal laws were described, taking into account the essential means of land transfer publicization of those regulations, namely: Sala, Gewere and Auflassung. In the second chapter the Author discusses the genesis of the first “ground books” in the German medieval cities. The third chapter focuses on the basic land interests publicization systems operating in Germany in the modern period, i.e. following the reception of Roman law which strongly impeded the development of land registries in Germany. In the fourth chapter the current model of German Grundbuch was described, beginning from the 19th century codification until the present day problems, such as digitalization of land register and its future perspectives. In the fifth chapter the Author discusses the evolution of land registries in Austria and Switzerland. In the final remarks the Author makes an attempt to characterize the influence of the German system on the Polish regulations governing land registration and to formulate conclusions concerning the possible use of German rules in order to improve the Polish land registration system.

Re-Codifying Civil Law in Hungary

Author(s): Tamás Fézer / Language(s): English Issue: 2/2014

Znamiona ilościowe w procesie kontrawencjonalizacji w kontekście zasady nullum crimen sine lege – wybrane zagadnienia

Author(s): Renata Pawlik / Language(s): Polish Issue: 2/2014

As for now, the Polish law of misdemeanours has not worked out a uniform concept. Historically, its developments have assumed various conceptual structures – starting with an administration type of model through the current one that comes closer to that of a criminal liability. As early as in 1918, while developing a concept of the law of misdemeanours, it was disputed whether misdemeanours should be recognised as a separate category, including cases of violation of the order, or as those that were primarily related to the sphere of administrative actions or whether they should be established on the basis of that social harm they caused and to assume that a misdemeanour was a petty form of an offence. The current model that has been worked out in the course of transformation is characterised by a significant lack of cohesion, and this assessment is even more substantiated by implementation of a concept of the socalled hybrid offences. The concept itself consisting in the diversification of liability by creating the so-called hybrid offences is a relatively new solution under the Polish system which raises significant doubts, largely in terms of its theoretical aspects, and also the one that creates serious practical issues (e.g. in 87 of the Code of Misdemeanours and under 178a of the Polish Penal Code). Conducting research within the planned extent process of contraventionalisation and principle nullum crimen sine lege has been assumed to provide for working out the basis for adopting coherent and uniform solutions with regard to the liability for what is referred to “petty offences,” and then allow undertaking further research, for example, into specific Polish solutions concerning offences and misdemeanours against safety in traffic in terms of clear limits and nature of such a liability which would serve as a reference point in legislation works in the future.

Poszukiwanie prawdy w procesie cywilnym

Author(s): Izabela Pilarczyk / Language(s): Polish Issue: 2/2014

Fundamentally, it is expected that dispensation of justice guarantees a fair judgement. However, both terms -‘justice’ and ‘truth’, which are closely related to each other, are ambiguous. What is more, their common meaning strays from the legal one. At the same time, the adoption of the proper concept of truth (procedural or objective) by a legislator leads to the significant consequences in practice which have an impact on drawing conclusions and on settling a civil law dispute. This paper attempts to determine the concept of the principle of the adopted truth in the Polish civil procedure. The author analyses the development of the Code of Civil Procedure and assesses the amendments. The matter of the principle of truth in force is still a moot point among lawyers since the amendment of the Code of Civil Procedure was introduced on March 1, 1996. It was a turning point in reference to the previous accepted concept of the objective truth. Next changes, especially the latest ones, confirm the thesis about applying de lege lata the principle of the objective truth. That conclusion is the central thought of this short essay. The goal of the paper is to discuss the practical and theoretical aspects of the principle of the truth which can be recognized as the most justifiable. The author of the article tries to present advantages and disadvantages of both concepts of truth and also formulate the postulates de lege ferenda. They should provide the grounds for a detailed discussion among legal experts, and particularly among the theorists of law.

Ochrona dóbr narodowych Rzeczypospolitej Polskiej po rozbiorach. Prokuratoria Generalna Królestwa Polskiego

Author(s): Bronisław Sitek / Language(s): Polish Issue: 1/2018

The subject of the study is to present the evolution of the legal need to protect goods and interests remaining after the partition of the Poland. The necessity of such protection appeared even in the pre-partition period. However, the specific form of institutional protection of Polish goods and interests, for the first time, took place in the Duchy of Warsaw, and then in 1816, in the Kingdom of Poland. The aim of this study is to demonstrate the positivist work of the Polish elite to protect what remains aft er the partitions with the hope of building a material foundation for an independent homeland. The author does not undertake an in-depth discussion on the status of the Kingdom of Poland. The work is based mainly on the analysis of the constitution of the Kingdom of Poland of 1815 and the decision of the Tsar of Russia of 1816 to establish the General Counsel’s Office. In addition, the views of the doctrine on the subject were referred to. As a final conclusion, we should point to the statement of the positive role played by the General Counsel’s Office of the Kingdom of Poland

Zmiany organizacji sądów pokoju w Łodzi pod niemiecką okupacją w czasie I wojny światowej

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2018

After Łódź was released from the Russian’s administration the courts of peace were replaced by the policemen’s courts. The next step, was organisation of the recognition reconciliation commissions. On the 1st of April 1915 the occupational courts’ organisation was introduced and due to this change the competences of the courts of peace were given to the Imperial German Courts of Peace. The archival acts and press noticed the moment of overtaking the courts by the occupational authorities. The judges of peace became Germans and the official language in courts was German. Imperial German courts of peace were replaced in the end of 1916 year by “Polish” courts of peace. The judges were Poles and the official language was Polish. However the higher instances were still under German’s control. It wasn’t until the 1st of September 1917 when the Regal Polish Courts were introduced. This commenced the one hundred years history of Polish courts in Łódź.

Ryzyko wojenne w polityce polskich zakładów ubezpieczeniowych przed II wojną światową

Author(s): Waldemar Bednaruk / Language(s): Polish Issue: 1/2018

Attempts to capture the risk of war into a statistical framework, so that we can determine the scale and probability of possible occurrences, could be faced with enormous difficulties. They were so great that in the case of compulsory insurance against fire, the liability for damages to the plant was excluded for losses incurred as a result of hostilities. Wherever such exclusions were not made, the scale of damage could lead to insurer insolvency. Leading life insurance departments were struggling with no less problems. They had to determine whether and to what extent the belaying should also apply to persons killed as a result of hostilities.

Podstawy prawne rozwoju kadr oficerskich w polskiej marynarce handlowej w latach 1920–1939

Author(s): Judyta Dworas-Kulik / Language(s): Polish Issue: 1/2018

After 123 years of captivity, Poland did not have maritime traditions, which is why the interwar period was a period of development of a broadly understood maritime law. The purpose of this article is to present legal regulations regarding the creation of officers’ degrees in the Polish merchant navy from the interwar period. The author presents the school stage of education of future maritime cadres, and then the path of promotion, which was dependent on the census of maritime practices. The historical and legal method was used to describe the legal provisions in force in the Republic of Poland and the legal and comparative method of indicating changes in the regulations regarding officers’ degrees on sea-going merchant vessels.

Wstęp

Author(s): Marek Nowak / Language(s): Polish Issue: 1/2007

Konstytucja Księstwa Warszawskiego 1807. Polska odmiana bonapartyzmu.

Author(s): Andrzej Dziadzio / Language(s): Polish Issue: 1/2007

Z problematyki reformy parlamentu Zjednoczonego Królestwa

Author(s): Gaweł Pondel / Language(s): Polish Issue: 4/2006

Wolność, własność, władza - Sąd Najwyższy Stanów Zjednoczonych za czasów sędziego Johna Marshalla

Author(s): Paweł Laidler / Language(s): Polish Issue: 1/2005

Własność w konstytucji Grecji z 1975 r.

Author(s): Anna Pulit / Language(s): Polish Issue: 1/2005

Sejmy walne w latach 1588-1598 i ich dorobek ustawodawczy

Author(s): Izabela Lewandowska-Malec / Language(s): Polish Issue: 4/2005

Uniwersały Rady Nieustającej z lat 1775–1788. Część I: Charakterystyka ogólna

Author(s): Marcin Głuszak / Language(s): Polish Issue: 1/2019

Universals (pol. uniwersały) – normative acts of an executive or information nature adopted by the Permanent Council (pol. Rada Nieustająca) in 1775–1788 – constitute an important, though not yet widely discussed in the literature, aspect of its activity. They were addressed to the indicated group of entities: central and local offices, courts, civil and military authorities, magistrates or residents of specific lands and voivodships. Universals, issued between the sessions of the Sejm, enabled the Council to systematically organize and regulate matters not reserved for the legislative authority. The general scope of the universals included, among others, the problems of the court system, substantive and procedural law, economy, social and educational policy, and border issues.

Początki opiniowania sądowo-lekarskiego na ziemiach polskich (do XVIII wieku)

Author(s): Malwina Dębicka / Language(s): Polish Issue: 1/2019

The article presents an outline of the history of judicial and medical opinionating in polish territories in municipal and land law until the 18th century. The issues of the participation of medical experts (expert witnesses) in court proceedings to resolve issues related to health assessment and causes of death in legal aspects were discussed. The cooperation of law and medicine has resulted in the emergence of a new, separate medical science: forensic medicine. The impact and adoption of German law has been discussed (Constitutio Criminalis Carolina, Sachsenspiegel and Weichbild). The article also presents, among others, the first public autopsy in Poland (conducted by Joachim Oelhaf), as well as the first psychiatric expertise.

Rozkwit doktryny prawa karnego w Polsce w dwudziestoleciu międzywojennym – ośrodki, uczeni, idee

Author(s): Danuta Janicka / Language(s): Polish Issue: 1/2019

The interwar period was marked by a significant growth of the criminal law doctrine in Poland. Along with senior academics – professors Krzymuski and Miklaszewski, an extensive research was developed by the representatives of the younger generation, including professors Makarewicz, Makowski, Mogilnicki and Rappaport, and the representatives of the new generation, among those the most prominent were professors: Wolter, Śliwiński, Glaser, Wróblewski, Radzinowicz, Papierkowski, Świda and others. Five university law faculties – in Warsaw, Cracow, Lviv, Vilnius and Poznań – were the most important Polish criminal law centres. The Polish scholars undertook all the fundamental and current issues regarding penal studies in a whole, including criminology and penal policy, which were structuralizing at the time. The theories and ideas presented by them corresponded to the modern European and global trends. Numerous enlightened conceptions of the Polish scholars were realised in the criminal code, administrative offences law, prison act and other legal acts. The original and modern juvenile law created in the interwar period, which was constituted in adequate sections of the criminal code and the code of penal proceedings, deserves a particularly high grade.

Dzierżawa wieczysta warszawskich nieruchomości w dwudziestoleciu międzywojennym. Zarys problematyki

Author(s): Dorota Wiśniewska / Language(s): Polish Issue: 1/2019

In The Second Polish Republic, subsequent legal acts, such as the regulation of the President of the Republic of 30 December 1924, on the liquidation of state land and perpetual lease, were meant to facilitate the liquidation of legal relations related to shared property. On the other hand, there were laws passed that authorized the government to conclude a perpetual lease of state-owned real estate located in Warsaw. The first of them was the Act of July 29, 1921, issued to facilitate the area behind the citadel and the strip of land along Górna Street in Warsaw for the construction of houses. Perpetual lease was used by the legislature only for land located in the former Kingdom of Poland, which was the result of the lack of a more appropriate legal institution in the legal system applicable in the this territory. On the other hand, the legal order in force in the rest of the area was governed by the building law, which was used for analogous purposes as perpetual lease.

Poglądy Emila Stanisława Rappaporta na prawo karne i jego kodyfikację w Polsce Ludowej początku lat pięćdziesiątych

Author(s): Tomasz Szczygieł / Language(s): Polish Issue: 1/2019

The work presents the views of Emil Stanisław Rappaport on criminal law and its codification in the beginning of Polish People’s Republic. The considerations are mainly based on preserved archival materials that show the attitude of Professor Rappaport to the problems of criminal law in post-war Poland. Of significance for the article are also published sources, especially conference materials related to preparations for the 1st Congress of Polish Science, which reveal a significant discrepancy in the perception of the criminal law by academics, including Rappaport, and politicians.

Jak polski suweren bronił się przed absolutyzmem królewskim. Szlachta a królewscy urzędnicy komisaryczni w sporach granicznych z królewszczyznami w systemie urzędniczym późnośredniowiecznej Polski w świetle prawa stanowionego

Author(s): Jacek Matuszewski / Language(s): Polish Issue: 1/2020

The process of rebuilding public administration in the Kingdom of Poland under the Jagiellonian dynasty failed to create a well-functioning system of offices. Medieval structures dependent on the nobility were preserved, to be supplemented with offices, only initially dependent on the king. When the ruler tried to carry out his will by means of an extended system of commissaires (appointed on an ad hoc basis, for a specific case, for a specific period of time), the noble community systematically limited royal rights, depriving the king of the power of appointment of such offi cials, except in statutory cases.