Ius cogens czy ius dispositivum? Kilka uwag o charakterze norm prawnych na starożytnym Bliskim Wschodzie

Author(s): Lena Fijałkowska / Language(s): Polish Issue: 1/2016

Celem artykułu jest analiza charakteru i zakresu zastosowania norm prawnych na starożytnym Bliskim Wschodzie. W pierwszej kolejności omówione zostały królewskie akty normatywne, a w szczególności tak zwane kodeksy prawne oraz edykty mišaru, następnie zaś – normy prawa zwyczajowego. Analiza ta prowadzi do wniosku, że choć swoboda umów na starożytnym Bliskim Wschodzie była znacznie szersza niż dzisiaj, ograniczały ją imperatywne normy prawa zwyczajowego. The paper concerns the nature and scope of applicability of law in the ancient Middle East. It first discusses royal normative acts, especially the so-called codes of law and mišaru edicts, and proceeds to an analysis of customary law to conclude that while laws allowed parties a much greater freedom in shaping their legal relationships in the ancient Middle East law than they do today, such freedom was limited by imperative standards of customary norms.

Stosunki między mieszkańcami miasta Knyszyna a żołnierzami wojsk koronnych w latach 1650–1651 w świetle ksiąg wójtowskich

Author(s): Łukasz Gołaszewski / Language(s): Polish Issue: 1/2016

The article discusses the relationships between the residents of the town Knyszyn inthe Polish-Lithuanian Commonwealth and the soldiers of the state army quartered in thetown in 1650–51. The surviving excerpts from the records of the municipal court contain awide array of cases (albeit always making use of physical violence) against the townspeople, who made use of soldiers in confl icts with their neighbours. On the other hand, the presenceof soldiers let the townspeople trade with soldiers and their servants, and also levelcertain moral charges against the neighbours. Due to legal complexities, these were notthe soldiers who were summoned to the municipal courts but rather the neighbours who supposedly inspired violent soldier behaviours.

Działalność oświatowa samorządu przemysłowo-handlowego w latach 1929–1939 na przykładzie Izby Przemysłowo-Handlowej w Lublinie

Author(s): Karol Dąbrowski / Language(s): Polish Issue: 1/2016

The Chamber of Industry and Commerce in Lublin was established in 1929. It did not run any educational institutions on its own, yet it supported (financially and organisationally) schools in the Voivodeships (regions) of Lublin and Volhynia, especially the Vetter Secondary School for Boys and the Syroczyński School of Crafts and Industry. The Chamber approved draft education acts for the Ministry of Denominations and Public Education, cooperated with Lublin Education Authority, awarded scholarships and grantsfor schools, and delegated its representatives to school councils. An interesting educational project was the psycho-technical laboratory.

Prawo swojszczyzny („Heimathrecht”) jako wyraz przynależności do gminy

Author(s): Grzegorz Kądzielawski / Language(s): Polish Issue: 1/2014

A characteristic feature of Austrian law was the definition of a citizen’s belonging to a commune. It was described as the relationship of domicile (German: Heimathrecht, Polish: swojszczyzna). The details were regulated by the Act of 3rd December 1863 on the regulation of domicile relations. This law was of exceeding significance as it gave the right to stay in the commune, and claim provisions and aid in poverty. With the Act on Citizenship of the Polish State coming into force on 20th January 1920, holding the right of domicile (in one of the communes within the Polish State, that was previously a constituent of the Austro-Hungarian State) was one of the premises deciding about the right to citizenship. Another legal act that defined further the question of citizenship was the act on the regulation of the right of choosing Polish citizenship by the citizens of the former Austrian Empire and the former Kingdom of Hungary and the right of choosing foreign citizenship by the former citizens of these states holding Polish citizenship, of 26th September 1922. Two bylaws were published for the said act. The first, issued by the Council of Ministers on 12th December 1922, and the other – the ordinance of the Minister of Internal Affairs of 6th February 1925. It guaranteed the persons who enjoyed the right of domicile in the territories that had belonged to Austro-Hungary and which found themselves within the borders of the Republic of Poland, the optional right to the Polish citizenship. The right of domicile could be compared to the duty of registering residence, and from the act on registration of people and identity cards in contemporary Polish legislation. The article aims at analysing the legal grounds of the operation of the domicile right against the acts-ensconced obligation of belonging to a commune and the citizenship right. It also contains a description of the practical application of the domicile right.

Postępowanie o ubezwłasnowolnienie na tle akt Sądu Okręgowego w Krakowie z 1949 roku

Author(s): Sylwia Przewoźnik / Language(s): Polish Issue: 1/2014

On the grounds of post-war legislation, guardianship affected people who were not capable of independent management of their own affairs, and care for their own well-being. This first of all concerned persons with psychological conditions, mental deficiency, and ones whose psychological disorders were related to alcohol abuse, and wasteful mismanagement. The practice of guardianship was aimed at helping the people unable to manage their conduct and/or their affairs independently. Protection of personal and property interest of these people sometimes required that their capacity to legal transactions had to be limited, or else that they were entirely bereft of it. Guardianship was applied when, due to the state of their health, a person was not capable of making conscious decisions. The legislator envisaged two types of guardianship: partial, which meant that a person subjected to it concluded legal actions on his of their own, while to have them valid, a consent of the guardian was necessary. On the other hand, such a person could make decisions concerning minor life affairs on his or her own. In turn, the plenary guardianship bereft one of the possibility of performing legal transactions, and had them represented in all legal matters by the legal guardian appointed by the court.

Uprawnienia dzielnic w zakresie dysponowania środkami finansowymi budżetu miasta Krakowa w latach 1991–2013

Author(s): Dominik Jaśkowiec / Language(s): Polish Issue: 4/2014

Local governments of Krakow created the system of financing commune operations of auxiliary units. No other local government has not decided to transfer so many powers and financial resources to your districts or the settlements. Districts progressively have won competences from financial resources for administrative service of their offices up to the tasks entrusted to the expanded program. One of the main factors which influenced the delegation of tasks and competences of districts was to use social potential in such entities.

Wybory członków Rady Nieustającej (aspekty organizacyjno-prawne)

Author(s): Marek Krzymkowski / Language(s): Polish Issue: 1/2013

The Standing Council (Rada Nieustająca) was appointed at the session of the Sejm in 1775 as a collegiate governmental body. The procedure of election of new members of the Council started with the selection of candidates from among people meeting one of the conditions defined in the Constitution on the Appointment of the Standing Council. The elections proper, held by secret ballot, followed a day after the list of candidates was presented to the senators and members of the parliament. The conditions for the validity of the vote were defined in the Constitution of 1775. Senators and MPs embarked on the elections in a specified order, especially important in the case of the senators. It was defined by the Constitution of 1768. A committee was appointed for the counting of the votes; membership in the committee i.e. appointment to a scrutineer (egzaminator) was considered highly prestigious.

Reformy Józefa II (1780–1790) a rządy prawa

Author(s): Małgorzata Moras / Language(s): Polish Issue: 1/2013

The article presents the concept of execution of power and attitude of Josef II to reforms, focusing on selected administrative, court, and civic reforms. The new concept of legislation is explained together with the function that law is to play, and reforms in civil and criminal law are discussed. The article closes with a recapitulation of the most crucial results of the reforms conducted during the reign of Josef II.

Państwowość konspiracyjna w edukacyjnych narracjach historycznoprawnych

Author(s): Eugeniusz Hull / Language(s): Polish Issue: 1/2013

The functioning of institutional clandestine life covering the political, civil, and military realms made it possible to fulfil the basic tasks of the state. Such a state had at its disposal, the system of central and regional administration, clandestine military organisation, organs of justice, a system of education, a publishing network, and ample political, cultural, and social life. The underground forms of law enforcement were present in two institutional structures. In the executive branch, it was the Government Delegation for Poland and the underground courts. Also party courts were in operation. In academic legal education, the occupation of Poland during the second world war is an element of the second world war narrative, and the construction of the notion of the underground state turns up in the historical and legal description of 20th-century Polish statehood and in the investigation of the history of state administration and administration concepts. In both the areas, the term “Polish underground state” has been present since the end of the previous century.

Implementation of the idea of Community Police Forces after 1990

Author(s): Jan Widacki / Language(s): English Issue: 2/2013

Wpływ wojen polsko-pomorskich na status prawny Pomorza do XIII wieku

Author(s): Tomasz Kruszewski / Language(s): Polish Issue: 1/2018

The purpose of this publication is a dynamic analysis of Polish-Pomeranian conflict’s power in legal-dogmatic and historical profile, to say nothing of geographical and military matters. Whereas it is particularly important to shape the problem, based on a settling of the way, in which Pomeranian dukes were relatives to Piast dynasty – agnate (paternal) or on mother’s side. Recently an old concept has started to spread – it says that Pomeranian dukes were of Piast descent, which leads to a ascertaining that there were no strong centres of power in Pomerania before conquest of Mieszko. Svatopluk Mieszkowic received the power over Pomerania, what led to exile of stepmother Oda and half-brothers and retrieval of power later subsequently caused conflicts between the two lines od dynasties in the next centuries. Considerations about the wars’ influence on legal status of medieval Pomerania have to be preceded by an analysis in the field of imperial power over this land. Historian of state and law must see – having looked at the sources – the fundamental thing, that the whole Pomerania, from Odra river to Gdańsk was a one entity, which came under the authority of Roman Empire. It stems unambiguously from medieval sources, Widukind from Korbea describes battles of Mieszko I with Wichmann and therefore clearly demarcate the legal status of Pomerania from other lands of Polish sovereign. It is similar by Merseburg bishop Thietmar. He wrote clearly, that Mieszko payed the Caesar a tribute „up to Warthe river“. It means, that the whole area of Pomerania was a belt of tributary lands of Empire. The conquest of Pomerania always began from the east area, and ended by the west. It was so at the time of Mieszko I. Then the full incarnation of Pomerania to Poland followed. At the period aft er the defeat of Mieszko II, and to the death of Władysław I Herman Pomerania were in a loose dependence on Poland. It changed by the rules of Bolesław III Wrymouth. The conquest of West Pomerania took place after 1113, maybe till 1124, but source records are a bit sparse. Tribute and duty to give help was a sign of dependence. Teodor Tyc outstandingly interpreted the law constructions of Merseburg treaty with Lotar III: „The authority of Polish duke is an indirect degree of something between Pomeranian duke and the highest sovereign, Caesar“. The Wrymouth King payed feudal homage, because Pomerania was under the authority of Empire. At the time of feudal regionalization the ultimate failure of Polish politics in Pomerania happened. Already in 1147 Germany, Denmark and Poland together stood against Pomeranians. The last attempt to maintain the balance between Polish and German influences in Pomerania was a ‘Kruszwica agreement’ in 1148, however Poland was being systematically tormented by feudal fragmentation and thus was losing control over Pomerania. It lasted till 1181, when Bogusław I admitted the victory of Caesar in Lübeck.

Ikonograficznoprawne aspekty Bitwy pod Grunwaldem Jana Matejki

Author(s): Jolanta Gajewska / Language(s): Polish Issue: 1/2018

The aim of this article is to present iconographical and legal aspects of Jan Matejko’s Battle of Grunwald. The painting comes from 1878 and presents one of the most important victory in Polish history. It belongs to Matejko’s paintings catalogue designed to picture glory of Poland. There were a lot of accusation regarding this painting (rules of perspective’s infringement, historical inaccuracy, excessive herding of figures), but it was caused by Matejko’s vision. The visualization of law in the Battle of Grunwald encompasses numerous issues, such as signalization of entitlements and functions, badges of dignity or authority, signs of jurisdiction, position in social structure (class). Notably Authoress elaborates attributes of knightly attire and attirement of the Teutonic Knights, insignia (e.g. the scepter of Jagiellonian University, the spear of St. Maurice), weapon (e.g. the executioner’s axe).

Statuty sodalicji mariańskich kobiet w Krakowie w dwudziestoleciu międzywojennym

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 1/2018

The women’s sodalities existing in the interwar period in Krakow consisted of women deriving from different backgrounds – they gathered teachers, clerks, the members of the Female Teacher Seminar in Krakow, and higher educated ladies. The provisions of the state law concerning the rules of creating associations did not apply to them. The sodalities were subject only to the provisions of canon law. Th ey focused especially on the spiritual development of their members and helping them in religious development. The statutes of the women’s sodalities in Krakow presented in the article despite being similar in many regulations were adopted to the specific situation of different sodalities. In addition it could be seen that the sodalities statutes were trying to develop and introduce new, necessary solutions like for example establishing control bodies in sodalities.

The Cherokee Constitution - the Road to a Sovereign State

Author(s): Magdalena Butrymowicz / Language(s): English Issue: 1/2008

The Cherokee People are one of the League of Five (Civilized) Nations of North America gathering, besides the Cherokees, the Creek, the Chickasaw, the Choctaw, and the Seminole. The colonists called this group of tribes civilized as they chose to follow the white man’s path. The first tribe to start relevant transformations was the Cherokee Nation who not only changed the tribal model but also saved their culture, language, tradition and the law of the ancestors. The Cherokee people decided to transform their tribal society into a modern state in the beginning of the 19th century. In no more than 28 years, the Cherokee National Council enacted numerous written laws, established state capital, organized financial structure of the state, and established a system of justice. The culmination of these changes was the passing of the state constitution. It was the first Native American written constitution in North America which brought together European and tribal law. It was, quite obviously, based on the American model, yet only in its structure and in the case of certain significant regulations unknown to the Cherokee, as e.g. the separation of powers and the taxation system. The Bill of Rights was also included in their constitution. This article reviews the 28 years of building the Cherokee state, crowned by the enacted constitution. The time when the great chiefs and elders gradually prepared their tribal followers to follow on the path of building a constitutional state, being the only way to survive in the world of white man so unreceptive for the Cherokee.

Posag królowych w świetle umów małżeńskich królów polskich z XV–XVII w.

Author(s): Tadeusz Szulc / Language(s): Polish Issue: 1/2019

The article deals with the institution of dowry in the royal marriage contracts. It is based on the sources consisted of eleven preserved marital contracts of the Polish kings from 1453–1669. The dowry was designated by the formal guardian of the bride who possessed the property of which the dowry was charged. In the event of bride’s father’s death, it was done by a guardianship council or a mother with close relatives. In seven out of eleven analyzed contracts (of which six concerned wives of the Habsburg provenance) the amount of dowry was 100,000 florins. However the dowry of two Habsburgs differed from the previous amount – it amounted 45,000 florins each. Exceptionally a dowry amounted up to 200,000 florins. In the sources we did not find any data proving the effects of not keeping the provisions of the marriage agreements.

Procedura nadania stopnia Pierwszego Marszałka Polski lub Marszałka Polski w XX wieku

Author(s): Adam Bojarski / Language(s): Polish Issue: 1/2021

In the history of Polish Army in the 20th century only six persons received a marshal’s rank. The purpose of the article is the analysis of the legal provisions of the proceedings of granting the rank of First Marshal of Poland to Józef Piłsudski and the ranks of Marshal of Poland to Ferdinand Foch, Edward Śmigły-Rydz, Michał Żymierski, Konstanty Rokossowski and Marian Spychalski from the point of view of their compliance with the regulations in force at that time. The author’s findings show that only Edward Śmigły-Rydz and Marian Spychalski received the military ranks of the Marshal of Poland in accordance with the legal regulations.

Przestępstwa z użyciem przemocy w świetle regestru złoczyńców grodu sanockiego w latach 1562–1615

Author(s): Wacław Rosa / Language(s): Polish Issue: 1/2022

The publication presents the criminal activity of perpetrators committing violent crimes in the Sanok region at the end of the 16th and the beginning of the 17th century. It shows the specificity of the criminal judiciary at that time, as well as presents social and geographic factors influencing the shaping of the criminal world. It also discusses the typology of the above-mentioned criminal acts and shows the social structure of the crimes perpetrators at that time. It also shows the specificity of the criminal world in the form of more numerous criminal associations operating in the studied area than in other parts of the country.

Dokumentowanie czynności przy opiekach „mniejszych” przez łódzki magistrat w latach 1832–1876

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2022

The distinction between “major” and “minor” guardianships appeared with the Civil Code of Kingdom of Poland in 1825. The former was created with participation of the courts of peace (for wealthier pupils) and the latter – with the participation of local magistrates (for less wealthy). Documentation of the „minor” guardianships activities was regulated by administrative regulations. The separated court files were created for every new case. Most of them included document initiating the guardianship, one protocol of the family council’s meeting and the inventory of property. Custodial data rarely documented more activities. The magistrate officials created protocols of the family council’s meetings, and reports about the number of the guardianships establishments based on the forms sent by courts and the governmental commissions. Reports and official correspondence between magistrate and court’s and administrative authorities were documented in the general files.

Małżeńskie ustroje majątkowe w Królestwie Kongresowym – na podstawie intercyz sporządzanych przez pierwszych łódzkich notariuszy

Author(s): Dorota Wiśniewska / Language(s): English Issue: 1/2022

The Civil Code of the Kingdom of Poland (KCKP), enacted on June 1, 1825, stated that property relations in marriage could develop within the statutory property regime, which was the exclusive property regime or the contractual regime adopted by the spouses. KCKP regulated the principles of operation of the three main property regimes that could be introduced by agreement. The future spouses could simply bind their property relations to one of these regimes, or make any modifications to them. In addition, they were allowed to adopt a completely different, arbitrary system, as long as the rules of its functioning did not violate the law or good morals, and were specified in detail in the contract. The contractual systems regulated in the code were: property separation, dowry property regime and joint property. In practice of first notaries in the years 1841–1875 in Łódź, most commonly adopted property regimes were those that combined the features of two regimes, i.e. property exclusivity and joint property, or a dowry regime and joint property. However, the principles of the functioning of these systems adopted in premarital agreements were not uniform. The bride and groom decided on various combinations in terms of subjecting individual property components to property exclusivity, possibly to a dowry government, or joint ownership. The regimes of exclusive property and joint property as well as the dowry regime and joint property regimes were attractive for spouses, due to their flexibility, the possibility of adjusting the arrangements to the financial situation of future spouses.

Idea i kształt zinstytucjonalizowania ochrony lokatorów w systemie prawa polskiego (1918–1939)

Author(s): Aneta Kaźmierczyk / Language(s): Polish Issue: 1/2022

Protection of tenants was institutionalized in the Polish legal system in the interwar period. The analysis of the objectives and shape of the regulations introduced in the Act of 1920 and then of 1924 leads to the conclusion that over the years the regulations shaping the protection of tenants have been modified not only in terms of their content but also in the axiological aspect. The regulations introduced in the interwar period were to balance the rights of tenants and landlords. The introduced institutions were applied not only to tenants of residential but also commercial premises. The appropriate shape of the regulations and the scope of their application were to contribute to the protection of housing, but also to the development of the economy, protecting investors in the construction market and consumers. It is also important that the introduced regulations were supposed to be of a temporary nature, and they were to be in force only for the duration of a crisis situation caused by the devastation of World War I.