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Stosowanie norm francuskiego Kodeksu handlowego w Księstwie Warszawskim, konstytucyjnym Królestwie Polskim i Rzeczypospolitej Krakowskiej w świetle aktów notarialnych

Author(s): Anna Klimaszewska,Michał Gałędek / Language(s): Polish Issue: 1/2016

The French Code de commerce was adopted in the Polish territories in 1809 and remained formally binding for over 120 years. It was nonetheless transferred from post-revolutionary France into a feudal reality, where no commercial code had been in place before, without the necessary preparatory works, implementation of the legislation accompanyingthe Code de commerce or even an offi cial translation. Moreover, legal scholars paid scarceattention to it in the first decades. Taken together, all these factors aff ected its application. Being a contribution to the complex study of the issue, the present publication examinesselected notarial deeds documenting individual commercial transactions to show how the process of practical implementation of the norms of French Commercial Code developed in the Polish territories.

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Baza źródłowa do badań nad administracją pośredniego szczebla w Królestwie Polskim do 1866 roku

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2016

The research on district (county) administration in 1816–66 requires aggregation of archivalmaterials. There are digital databases and traditional educational inventories availableto researchers. Researches are also welcome to make use of digital libraries that containmany printed sources. The main sources database for the research on the intermediate level of administrationare district and county files kept in State Archives. The operation of commission ersdelegated to districts (1816–42) and counties (1843–1866) is sufficiently documented in 32 sets of files. The query can by extended to cover regional (voivodship, and aft er 1837– governorship) and governmental files. As the volume and variety of archival material isimpressive, it is worthwhile to stage the queries. Any conclusions and detailed evaluationwill only be possible after a large share of the files have been investigated.

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Akt o Formie rządów z 1919 roku – pierwsza konstytucja niepodległej Finlandii

Author(s): Dawid Michalski / Language(s): Polish Issue: 1/2016

The study is an attempt to describe and analyse the first constitutional act of independent Finland. The Constitution Act of 1919 defined the Finnish political system. Although it was an object of ideological arguments (monarchist vs. republican tradition), its provisions,and especially the strong position of the president as an executive power with legislative competences, resulted from a compromise. Despite that, the classical division into three powers was introduced into the Finnish political and legal system. The act was not ideal, yet at that stage in the history of Finland it was an expected resultof a compromise with strong constitutional foundation for the political and legal progressof a developing country.

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Zasady przyuczania do zawodu przemysłowca w świetle regulacji prawnych zawartych w prawie przemysłowym z 1927 roku

Author(s): Sebastian Kwiecień / Language(s): Polish Issue: 1/2016

Strong development of labour law was characteristic of the period between the two world wars in Poland. Its provisions for the first time provided protection to employees,also the ones who need such assistance most, that is minors in vocational training. The Industrial Law regulation of 1927 contained a separate chapter with regulations concerning training in industry, guaranteeing employer fairness and remuneration for the work performed by the trainees. The legal relationship between the trainees and the employer was based on a contract defining mutual obligations of the parties. Should the contractual clauses be violated, the parties had the right to claim damages in accordance with the principles defined in the liabilities code. Once the period of training was over, the trainee was issued an appropriate certifi cate corroborating the time of training and providinggrounds for applying to work already as a skilled labourer. While learning, trainees were covered by special protection both by industrial authorities and industrial societies, as the latter took over the duties resulting from the provisions of industrial law in circumstances defined in the act.

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Geneza łódzkich struktur notarialnych

Author(s): Dorota Wiśniewska-Jóźwiak / Language(s): Polish Issue: 1/2014

Notary services in Poland had not originated until the days of the Duchy of Warsaw, where they were based on the regulations of the French notary act of 16th March 8003, entitled “Organisation of notary services”. The act remained in force in the Kingdom of Poland after the fall of the Duchy of Warsaw, although the system underwent certain changes. It was repealed only on the 1st (13th) July 1876, together with the Russian notary act of 14 April 1866 coming into force. The beginnings of notary services in Łódź date back to 1841. Until that time, the residents of Łódź had used legal assistance of notaries operating in the nearest city, that is Zgierz. Together with the development of industry and an increasing number of its population, Łódź required also the need to nominate an increasing number of representatives of this legal profession. In turn, Zgierz did not develop as dynamically as Łódź, for which reason the authorities of the Kingdom of Poland decided to move notaries from there to Łódź.

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Początki łódzkiego sądownictwa

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2014

The development of regional political structures and organs of the judiciary did not manage to keep up with the intensive economic and demographic development intensifying in the second half of the 19th century. A breakthrough in the development of judicature came in 1863, with the transfer of the seat of the Justice of Peace of the District of Zgierz to Łódź. The following stages included a gradual increase in the number of justices of peace and setting up an independent region of the Congress of Justices of Peace in Łódź in 1888. Despite their intensity, the efforts to have a commercial court opened for Łódź in the days of Kingdom of Poland failed. The said court was set up as part of the independent judiciary only when Łódź became an independent court district.

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Użyteczność historii prawa dla współczesnego wymiaru sprawiedliwości

Author(s): Anna Moszyńska,Zbigniew Naworski / Language(s): Polish Issue: 1/2014

The article discusses two aspects of utility of subjects that investigate history of law for students of law. At the same time, it is a particular answer to the concepts supported by the Ministry of Higher Education, which found the “occupationalisation” of master degree studies the main goal of the revolutionary reforms introduced in higher education, which is to be accompanied by marginalisation of all the subjects that do not lie within the scope of the concept, and therefore also subjects related to the history of law. The first of the discussed aspects is of a general nature and concerns the use of the subjects in question for the general education of a graduate of any course, and especially courses concerning social studies and humanities. Lawyers have always been, and (still) are the intellectual elite of the country. With the inadequacy of secondary education and its poor level, lack of knowledge of history of law in future lawyers will certainly be a symptom of a falling level of culture in this occupational group. The authors juxtapose here the Anglo-Saxon model of education to the Continental one, strongly favouring the first. The other aspect concerns the presentation of specific examples of judgements by contemporary courts, where the knowledge from the realm of history of law is necessary for appropriate judgement. The first of examples concerns a mass phenomenon of reactivation of pre-war companies, not to have them resume their activity, but to acquire damages for their assets, nationalised in the days of the People’s Republic of Poland. A flagship example is the company operating under the name S.A. Giesche in Katowice. Adjudication of such disputes without the knowledge of pre-war acts of law and decrees from the early post-war years, is impossible. The second case concerns a broadly publicised question of the State Treasury purchasing the right to abandoned estates on the grounds of the Napoleonic Code (a case in which the Supreme Court has already ruled no fewer than three times). The third case is related to a recent judgement of the Supreme Court, which finally adjudicated a long dispute concerning which regulation from the Civil Code actually regulates the question of flooding the flats of a neighbour on the floor below; where the court provided extensive historical justification, while pointing to the argument supporting its decision. In the fourth case, in its ruling, the court quoted the German BGB of 1896, and in the fifth – the 10th volume of the First Collection of Laws for the Russian Empire.

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Typologia aktów prawnych dla miast w dobie jagiellońskiej – przydatność funkcjonalnego podziału aktów prawnych do badań nad kierunkami polityki królewskiej

Author(s): Maciej Mikuła / Language(s): Polish Issue: 1/2013

The author discussed the division of acts of law, accounting for the functional criterion. The acts of law include: 1) legislative acts, 2) acts embodying the rights and duties of cities and citizens, 3) guarantee acts, ensuring the application of the laws from the two previous groups. It is material that a division is made between the acts of special law (privileges: lex specialis) and acts of common law. The functional division of acts of law makes it possible to point at links between the normative acts that establish general law, special effects of law that invalidated special rights of specific groups, and also the acts embodying the law and guarantee acts.

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Panny, mężatki i wdowy przed sądem pokoju: prawo a praktyka w Królestwie Polskim na przykładzie akt sądów pokoju okręgu łęczyckiego, zgierskiego i łódzkiego

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2013

The capacity of women to be a party in civil cases was limited in various ways. Only maidens of age and widows could freely be a party (in various functions) in court proceedings. On the other hand, the law provided strict limitations for married women. The wife took action before the court assisted by her husband. It was otherwise in criminal cases. Here women acted independently as suing parties, witnesses, and defendants. The files of justices of the peace, conciliatory courts, and the police corroborate that these principles were respected in practice.

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Prawo lubeckie w miastach pruskich (XIII–XVI w.). Stan badań, źródła i perspektywy badawcze

Author(s): Paweł Mateusz Modrzyński / Language(s): Polish Issue: 1/2017

The article deals with the issue of Lubeck law applied in Prussian cities during the Middle Ages and the Renaissance period. It presents the current state of research on court law. Existing and lost sources of Lubeck’s law were mentioned. The article also points out the deficiencies in the field of judicial law and source studies. The paper also outlined research perspectives. From the research perspectives, studies on the content of these sources seem to be very promising. They can help in researching the everyday life of townspeople, their mentality and problems completely neglected by literature, including fire and construction regulations and specific legal issues (including penal systems).

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Struktura organów spółdzielni w świetle przepisów ustawy z dnia 29 października 1920 r. o spółdzielniach na przykładzie Spółdzielni Spożywczej Pracowników Państwowych i Komunalnych w Końskich

Author(s): Dorota Wiśniewska-Jóźwiak,Monika Strzelecka / Language(s): Polish Issue: 1/2012

The cooperative movement in Poland began to take shape in the 19th century. The principles of its operation were governed by the laws of the three partitioning powers, which resulted in the dissimilar development of cooperative entities. After regaining of independence by Poland, such a status quo resulted in numerous problems and became the reason for intensified legislative work. The provisions of law were unified on 29th October 1920 when the Lower House of the Polish Parliament (Sejm) passed the Act on cooperatives. One of the cooperatives that had to adjust their activity to the newly introduced principles was the Cooperative of the Workers of State and Municipal Food Industry (Spółdzielnia Spożywcza Pracowników Państwowych i Komunalnych) in Końskie. Its members adjusted the organisation and activity of their cooperative to the provisions of the Act on cooperatives on the power of the annual general meeting held on 27th November 1921. The statute approved on that date contained provisions harmonised with the principles expressed in the Act and referring to the structure of the organs (managing board, supervisory board, and general meeting), their composition, the manner of appointing members and their operation, moreover fine-tuning them in certain areas, e.g. the drafting of the report from the cooperative’s operation in the previous budget year.

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Kształtowanie się instytucji odpowiedzialności posiłkowej na ziemiach polskich w prawie karnym skarbowym do 1936 r.

Author(s): Justyna Bieda,Katarzyna Rydz-Sybilak,Dorota Wiśniewska-Jóźwiak / Language(s): Polish Issue: 1/2012

The beginning of the system of fiscal law and ensuing criminal fiscal law in Poland was defined by the dissimilar legislations of the three partitioning powers. This is why the liability of the third parties for the fines administered on to the perpetrator of a fiscal crime, although it emerged in Poland for the first time still during the partitioning, it did so only within the Prussian Partition. It had not been until the Act of 2nd August 1926 that uniform solutions were introduced for the entire country. The fiscal nature of that regulation did not overshadow the rational approach to the question of the rights of the accused during the trial, which was followed also by the judicature, assuming that the ruling court is not bound to rule exofficio on third party liabilities (Art. 33, 34 UKS). The lack of a statement in this area did not cause any negative impact for the accused as the above legislation protected only at the interests of the State Treasury, and especially the guarantee of paying the penalty, should it be impossible to collect it from the assets of the condemned.

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Nauki historycznoprawne w latach 70. XX w. – rozwój badań i międzynarodowych kontaktów, główne publikacje naukowe

Author(s): Mikołaj Tyrchan / Language(s): Polish Issue: 1/2012

The author presents the development of historical and legal sciences in Poland in the difficult period subsequent to the events of March 1968, focusing his attention on the decade following it. Starting with the discussion of political consequences of events, he juxtaposes the list of researchers in individual circles and shifts taking place within them. He discusses the scientific activity of historians of law, juxtaposes and describes the achievements of individual researchers, and presents the course of the most crucial discussions and conflicts between the circles. Special attention is paid to the description of international relations of the Polish world of legal history.

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Organizacja i funkcjonowanie ośrodków pozbawienia wolności w Królestwie Polskim (1815–1867) w świetle źródeł. Dotychczasowe ustalenia i perspektywy badawcze

Author(s): Justyna Bieda / Language(s): Polish Issue: 1/2018

In the nineteenth century, the penalty of imprisonment becomes a basic punishment in many European penal codes, which resulted in a broad discussion about the reform of the prison system, both in Europe and in the Kingdom of Poland. Radically different from the previous penitentiary policy of the authorities of the Kingdom of Poland, it focused mainly on reforms of the organization and operation of prisons. In previous scientific work, relatively little space has been devoted to research into the organization and functioning of detention centres in the Kingdom of Poland. The attention of the researchers focused primarily on theoretical considerations around the then penitentiary doctrines. Only E. Kaczyńska and M. Senkowska conducted broader research based on archival material concerning practical aspects of the functioning of prisons in the Kingdom of Poland, although these works are also fragmentary. Thus, the organization and functioning of prisons in the Kingdom of Poland is still a largely unexplored issue. This is also the future analysis of administrative regulations, in particular from the second half of the nineteenth century and extensive source material preserved in the files of the Governmental Commission of Internal Affairs, voivodship authorities, powiat authorities and municipal documents, which have been preserved in the Central Archives of Historical Records in Warsaw, as well as other state archives.

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Wpływ wojny na prawodawstwo antylichwiarskie w pierwszych latach II Rzeczypospolitej (1918–1921)

Author(s): Jakub Pokoj / Language(s): Polish Issue: 1/2018

The aim of this paper is to analyse the issue of the influence of war on anti-usury legislation in the first years of the Second Polish Republic (1918–1921). The four years of World War I resulted in a major economic crisis and long-lasting shortages of numerous commodities, including raw resources and life necessities. This situation was a serious threat for the reborn Polish state therefore forced Polish legislator to react. As soon as on 5th December 1918 a decree on war usury was issued. Regulation in the field of war usury consisted of several types of illicit acts and basic rules of a particular procedure which was supplementary to common penal procedures. The main aim of the anti-usury legislation was to mitigate the negative consequences of shortages of goods caused by war. The economic impact on legislation was even more distinct in the Bill on combating war usury of the 2nd July 1920 which was the main anti-usury legislation in the interwar period as it remained in force until 1938

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Znamiona chorobowe, defekty i urazy oraz inne słabości jako cechy dystynktywne w listach gończych zamieszczanych w dzienniku urzędowym rejencji gdańskiej (Amtsblatt der Königlischen Regierungs zu Danzig) w latach 1816–1830

Author(s): Radosław Kubus / Language(s): Polish Issue: 1/2019

Since 1816 in the newly formed administrative district of Gdańsk, the official journal entitled Amtsblatt der Königlichen Regierungs zu Danzig started to be published. One of the issues that periodically appears on the pages of the paper, is the question of crime, especially the wanted notices. Among the descriptions of height, age or body shape of the criminals, there also appears information that could indicate illnesses, defects, traumas and general weaknesses of the defendants. The analysis of nearly a thousand of wanted notices indicates that these kind of descriptions were frequent and could constitute an important help when identifying the fugitive. The mentioned source material helps us to partly illustrate the life of the lower class of society, mainly the criminal underworld. It also constitutes an invaluable resource for historians of medicine, material culture or law.

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Drobna przestępczość w okupowanej Łodzi do 1917 roku w świetle praktyki sądowej i doniesień prasy

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2019

Under German occupation during World War I the civil authorities in Łódź were trying to keep the order in town. The recognition-reconciliation commissions by CKMO (pol. Centralny Komitet Milicji Obywatelskiej) in Łódź were firstly used to deal with the minor crimes. There is a scant archival material and some press releases concerning their activity. The majority of the documented cases dealt with crimes against property. After the occupational courts’ organisation was introduced dealing with the minor crimes was given to the Imperial German Courts of Peace in Łódź. The information about their activity can be found in local press releases and in archival materials in State Archive in Łódź. Most of cases concerned the acts against property, honor and public interest. Among the last type of cases we can find bribery, forgery, violation of customs regulation, currency and commerce regulation.

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„Przestępstwa wrześniowe” w orzecznictwie Sądu Specjalnego w Katowicach (Sondergericht Kattowitz). Część II: Przestępstwa przeciwko zdrowiu i wolności

Author(s): Konrad Graczyk / Language(s): Polish Issue: 1/2019

The two-part study concerns the so-called “September crimes” (i.e. the actions of Poles on grounds of nationality against Germans after the outbreak of World War II) in the jurisprudence of the Special Court in Katowice (Sondergericht Kattowitz).The second part of the study concerns “September crimes” directed against health and freedom. The criminal proceedings in these matters were discussed in detail. Particular attention was paid to the arrangements described in the indictment and the findings of the evidentiary proceedings before the court. The circumstances taken into account by the court in assessing particular evidence and legal qualification were presented. In the summary, the results of the Sondergericht Kattowitz case studies in cases related to September accidents were compared to the case law of the Special Court in Bydgoszcz. This comparison showed that both the size of the sentence, as well as the manner and quality of the proceedings by the Sondergericht Kattowitz significantly differed from the Bydgoszcz court. As a consequence, none of the analyzed cases was classified as a judicial crime.

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Stosowanie narkoanalizy przez polski kontrwywiad w latach 30. XX wieku

Author(s): Jan Widacki / Language(s): Polish Issue: 1/2021

The initial idea to use narcoanalysis for investigation purposes originated soon after surgeons began using narcosis (sedation) to induce sleep before surgery. Perhaps the first suggestion to interrogate a patient under narcosis in a criminal case occurred in the case of murder of Benjamin Nathan in New York in 1879. In the 1920s, Dr Robert E. House, a physician from Texas, suggested to use scopolamine in criminal investigations. In the 1930s, the Scientific Crime Detection Laboratory at Northwestern University in Chicago experimented with scopolamine, and considered the results „fairly satisfactory”. At that time, Calvin Goddard was the first to call scopolamine the „truth serum”. There is no proof in literature that any state services in the world routinely used narcoanalysis before the Second World War. Therefore, there are fair grounds to believe that its routine use by the Polish counterintelligence while interrogating people suspected of espionage in the 1930s was among the first such cases in the world. Beginning with 1935, the Second Department of the General Staff of the Polish Armed Forces used „injections weakening the will” of the interrogated: first morphine combined with pilocarpine, and later – scopolamine. The head of the Polish project to use narcoanalysis for „weakening the will” was Cpt. Ludwik Krzewiński M.D. The fact of using narcoanalysis was not disclosed to the courts, its results were not treated as an evidence, and were only used for operational purposes.

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Moje wspomnienia Stanisława Srzednickiego jako źródło historyczne. Część I

Author(s): Eryk Zywert / Language(s): Polish Issue: 1/2022

My Memoirs by Stanislaw Srzednicki is a narrative source of yet undetermined usefulness in the study of the history of the Congress Kingdom of Poland. The purpose of the presented research is the source criticism of the memoir within the framework of three thematic areas designated by selected memories relating to family (part I), education and professional career of the memoirist (part II). The undertaken analysis enables determining the reliability of the First President of the Supreme Court’s account and allows indicating factual discrepancies, assessing their scale and explaining their probable causes. The results of this work provide a basis for evaluating the usefulness of My Memoirs as a historical source in the study of the second half of the 19th century and the beginning of the 20th century. A story of Stanislaw Srzednicki – an important court official of the Congress Kingdom of Poland who played an indispensable role in the Polish state- and law-making process of the Second Polish Republic – becomes a natural correlate of the conducted analysis.

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