Czasopismo Prawno-Historyczne
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Greckie tłumaczenie „demotycznego kodeksu z Hermopolis”
Get PDFGreckie tłumaczenie „demotycznego kodeksu z Hermopolis
Kolegium Rewizyjne (Revision-Collegium) w Napoleońskim Wolnym Mieście Gdańsku (1807–1814). Geneza, struktura i przebieg postępowania odwoławczego w rozwoju historyczno-prawnym
Get PDFThe article presents the rules of appeal proceedings in civil and criminal cases in the Napoleonic Free City of Danzig. The appeals took place before the Revision Commissions which were appointed for civil cases in October 1809 a nd for criminal cases in February 1810. Furthermore, the paper delineates their organizational structure as well as the method of making the final decision (rejecting or accepting the Commission’s decision). The contents of this article were based on the rules and regulations which governed the Commissions which hitherto were not used in research. Moreover, the judiciary and the appeals systems were described in the projects of the constitution of the Free City of Danzig (Danzig Senate from 1807, a project by the mayor of Danzig – Gottlieb Hufeland, as well as a project by the French resident Nicolas Massias). However, these plans were not introduced but they were substituted by the rules and regulations of the Revision Commissions. This serves as an illustration of the French influence on the law in Danzig in the Napoleonic era of the Free City. Also the appeal process in the Napoleonic Free City of Danzig was presented against the backdrop of the general history of appeals in the course of legal cases before the judiciary in Danzig. This facilitates the observation of the changes which took place in the course of legal cases throughout history. In particular, it helps in the observations made at the turn of the 18th century as it was the period when the law transformed from Feudalism to Bourgeoisie
Repudium i jego skutki prawne w świetle kodyfikacji Justyniana
Get PDFAmong the allowable forms of termination of marriage in Justinian law were repudium and divortium. At the time of Christian emperors, however, under the influence of the views of the Christian Church, those practices were often criticised and there were attempts to limit, or restrict their use. The paper deals with repudium at the stage of codification. It must be said that at that stage Justinian did not introduce any radical changes to the existing foundations of the previous regulations. However, he distanced himself from the Church doctrine, and skilfully assessed the social expectations and needs, pointing, at the same time, that termination of marriage is a necessary evil, and it is the innocent children who suffer as a result thereof. Hence the welfare of the children (favor liberorum) was for Justinian one of the main reasons for restricting the right of a unilateral repudiation of marriage. The provisions of the former law that Justinian decided to uphold, were discriminatory against women, particularly with regards to penal sanctions for unjustified repudium. Undoubtedly, his major contribution to the regulation of matrimonial law was recognition of the husband’s incapacity of fulfilling his marriage duties as a ground for the wife’s repudium bona gratia. Another provision that is noteworthy and for which Justinian must be acknowledged is introduction of provisions securing alimony to the abandoned spouse and children in the event of a marriage without dowry. The measures undertaken by Justinian at the codification stage of the reformed matrimonial and family law constitute an unquestioned preliminary draft of the subsequent reformed law made in the Novellae
Bezwzględne przesłanki rozwiązania małżeństwa w BGB w świetle spraw rozwodowych zakończonych oddaleniem pozwu przed Sądem Okręgowym w Poznaniu w latach 1928-1939
Get PDFBezwzględne przesłanki rozwiązania małżeństwa w BGB w świetle spraw rozwodowych zakończonych oddaleniem pozwu przed Sądem Okręgowym w Poznaniu w latach 1928-193
Unifikacja i kodyfikacja wojskowej procedury karnej w II Rzeczypospolitej
Get PDFNumerous changes were made in the Polish legal system in the interwar period. Not only did the unification and codification of common law take place but also of the regulations present in the court-martial. However, the court-martial regulations were compiled in a completely different way. The Codification Commission was not concerned in the issue at all. All of the unification and codification work in the armed forces was completed atthe Ministry of Military Affairs. Since the very beginning of the Polish Republic, there was awareness that one of the priorities of the forming army was the need to unify the military criminal procedure. This goal was achieved relatively fast as it was finished by the mid-1920s. It was possible due to the limitation of doctrinal discussions and due to the involvement of a small circle of military attorneys in the process. The criminal procedure of the Austrian military from 1912 was adopted as the unification solution after it was appropriately adjusted to the realities of the system and to the organization of the Polish army. The codification of the military criminal procedure did not take place until the mid- 30s of the 20th century. The development of the code was entrusted to Colonel Marian Buszyński from the Department of Justice of the Ministry of Military Affairs. He prepared the code of military criminal procedure in 1936. It combined the prior experiences of the military justice with the model of the criminal procedure present in common courts. Despite the indubitable similarities with the common criminal procedure, the military code was an original work. It included numerous and distinct legal solutions. Among them were both the ones which were completely different from the civilian procedure due to the specificity of the army as well as the solutions which functioned previously only in the sphere of doctrinal discussions
Prawo rzymskie w okresie Renesansu i Baroku. Humanistyczny wymiar europejskiej kultury prawnej
Get PDFThe history and formation of the European legal culture that had been developing and taking shape since the Middle Ages when universalism manifested itself as ius commune and seemed to be a satisfactory solution, has been marked with the appearance of a trend called ‘legal humanism’ which developed in response to the humanistic Renaissance postulates. While humanism itself pertained to arts and science of the Renaissance period, legal humanism that emerged centuries later, challenged the medieval interpretation of Justinian texts and postulated the rejection of the mos italicus methods described as praemitto, scindo, summo casumque figuro – praelego, casus, commodo, obiicio (Math. Grib. De meth, 3.94-98). The supporters of the new humanistic jurisprudence advocated recognition of Roman law as an element of the research into the Antiquity. As a result, ancient texts underwent a certain ‘purification’ and were subsequently used for the teaching of Roman law based on subsequent „Glosses and Commentaries”. Critical reviews of the fundamental sources of law as well as the first translations of till then unknown Greek texts were also attempted. That all was possible because the jurists of that new era had a much more comprehensible education and linguistic skills and were able to read texts in Greek and finally break away with the medieval impasse Graeca sunt, non leguntur, going beyond the „judicial Bible” of the compilation of Justinian texts only, searching for new and often multi-aspect meanings and a true understanding of the Ancient World. This new approach to Roman law had also changed the attitude to legal studies which ceased to be seen as merely updating the existing laws i.e. serving the practice. Roman law was finally recognised as a historic phenomenon, a product of its times that evolved together with the changing world, and the study of Roman law became an aim and objective of its own. Such an approach quickly found followers in all Western Europe and replaced the exegetic commentaries with a new form – a treaty that compared the theory of law with the existing laws on the basis of its historic context. An author of a legal academic paper was no longer a mere executor and commentator of ius scriptum, but, being a jurist of humanistic views, transformed into a searcher of pure law, an expert of both the Antiquity and the contemporary World. As François Baudouin put it: sine historia caeca est iurisprudentia (De Institutione historiae universae, I, 609)
Šamanizm kak sociokulʹturnyj obʺekt gosudarstvennogo regulirovanija obyčno-pravovoj sfery Vostočnoj Sibiri XIX v.
No full textThe main purpose of this research is to analyze the organization of the norms of the common law codification in the 19th century in Eastern Siberia. The above mentioned organization was taking place in the stream of ethno-consolidation processes. The regulation of social relationships in the autochthonous socio-cultural environment took place in the framework of the mythoreligious shamanism complex. Moreover, it appeared as the main form of the ideological system. The aforementioned fact influenced the specific character of the process of the political and legal integration of the indigenous organization of the state’s fiscal activity on the executive managerial level. The unification of the managerial system with the codification of the common law of the indigenous populations was carried out in two stages. The first stage was comprised of the stratification of the indigenous (yasachny) community into three layers. Furthermore, each layer reflected the specific character and tribal structure of each self-government as well as the way of life of the indigenous denizens of Eastern Siberia.The second stage consisted of the legalization of the management system of the common law of the indigenous inhabitants as well as of the predetermination of the parameters of the legislative activity of the administration in light of the common tasks connected with the realization of the integration function of the state
