Czasopismo Prawno-Historyczne
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Indywidualizm czy socjologizm? Zasada swobody umów w projektach polskiego kodeksu zobowiązań z 1933 roku na tle porównawczym
Get PDFPo zakończeniu I wojny światowej i odzyskaniu przez Polskę niepodległościKomisja Kodyfikacyjna rozpoczęła prace nad stworzeniem nowego prawa zobowiązań. Uznano wtedy, że jedną z fundamentalnych kwestii, którą należy odpowiednio unormować, jest zasada swobody umów. W projektach kodeksu można dostrzec próbę odpowiedzi na pytanie, jaką rolę powinno się przypisać woli stron przy zawieraniu stosunków umownych. Próby ustosunkowania się do tego zagadnienia można odnaleźć w dwóch różniących się od siebie projektach prawa zobowiązań autorstwa Ignacego Koschembahra-Łyskowskiego oraz Romana Longchamps de Bérier
Utworzenie Kasy Oszczędności w Wolnym Mieście Krakowie i jej działalność w latach 1844-1857
Get PDFThe article presents the activity of the Savings Bank in Cracow between 1844 and 1857. It recreates the course of works undertaken during its creation by the Representatives Assembly. The basic ideological assumptions on which it was based were shown. Moreover, the paper presents the participation in the creation process of the Brotherhood of Mercy and of the Mount of Piety (Latin Mons Pietatis). The legal basis of the Savings Bank’s functioning was analyzed in detail. The foundation had the shape of statutory law from the 3rd of July 1844, the organization of the Management of the Savings Bank, the rules of depositing and withdrawing the savings, keeping accountancy and its control by the authorities. Also detailed data was included pertaining to the size of the deposit and the size of the withdrawal made from the Savings Bank. The basis of the article consists of the archival materials from the National Archive in Cracow and of the announcements made by the Management of the Savings Bank, which were published in “The Governmental Gazette”
Prawo karne Królestwa Polskiego w latach 1815−1905 a sprawowanie kultu religijnego
Get PDFThe article pertains to the law in force in the Kingdom of Poland between 1815 and 1905. Furthermore, it indicates the changes which were brought about by the liberalization of statutes and regulations concerning faith in 1906. The main aim is to familiarize readers with the contemporary criminal law pertaining strictly to conducting private and public services as well as to draw attention to regulations delineating missionary work. The paper is general in character because presenting a detailed picture of each faith with an enumerationof their legal, civil and political limitations is a topic for a more comprehensive study
Odnowienie doktoratu Profesora Marka Waldenberga
Get PDFOdnowienie doktoratu Profesora Marka Waldenberg
Marszałkowie świeccy Trybunału Głównego Wielkiego Księstwa Litewskiego w latach 1633-1648
Get PDFThe proceedings of the High Tribunal of the Grand Duchy of Lithuania were presided over by a Marshal, also known as director of the Tribunal in the 17th century. He was elected from among all the deputies on the inauguration day of a new tribunal. The position was commonly fi lled by Lithuanian offi cials of various ranks and it was not uncommon for senators to serve as Marshals. For various reasons, a Marshal was not always able to take part in all the activities of the Tribunal – on such occasions assistant Marshals were elected. In 1633, 1634, 1635, 1636, 1638, 1639, 1642, 1646 and 1648, the High Tribunal was presided over by at least three directors. The most High Tribunals Marshals presided over (there were as many as fi ve) were in 1638 and 1642. In total, in 16 Lithuanian High Tribunals, which convened during the reign of Władysław IV, the position was fi lled by 37 persons, 45 times in all. Because of the political and property interests of Lithuanian political elites and opportunities to infl uence judgments, the position of the High Tribunal director was attractive. Out of 37 High Tribunal Marshals 17, or 46 per cent, were senators or were to become senators later. In terms of denominational affi liation, the High Tribunal was presided over by 33 Catholics, 3 Calvinists and a single Orthodox. High Tribunal Marshals were – in principle – elected deputies at the dietines of Lithuanian ‘upper voivodeships’, chiefl y though from the Vilnius Voivodeship. Out of 45 High Tribunal Marshals, 20 came from these dietines, which accounts for 44 per cent of all Tribunal directors in 1633-1648
Karać czy rehabilitować? Powojenne ustawodawstwo polskie wobec osób wpisanych na Niemiecką Listę Narodowościową
Get PDFOrdonanse królewskie we Francji
Get PDFThe issue of royal ordinances in France is not a subject avoided by Polish authors, especially in legal history textbooks. However, the information included in these books is fragmentary in its character, and some pieces require verification. In this extensive legislative material one can distinguish specific ordinances (spéciales), which regulate single issues, as well as general ones (générales), which constitute acts pertaining to a wide spectrum of issues, or even detailed codes. The latter, i.e. the ordinances general in their character, can be further divided into two groups. The first of them encompasses the ordinances published between the 14th and the 17th century (I), while the second one includes the so-called Great Ordinances enacted during the reign of Louis XIV and Louis XV (II). The purpose of the following publication is not to perform a detailed characteristic of the ordinances but, first and foremost, to show that although certain significant institutions were regulated by the ordinances from group I in a way which left a permanent mark on the French legal system, the Great Ordinances by Louis XIV and Louis XV, which represent a completely different character from all the previous general ordinances, constituted codes in the strict sense of the word. As a result of that codification work, performed in stages during the reign of two sovereigns, the ancien régime France did not lack general and unified legal acts, created with an understanding of the creative role of law in modifying the reality, regulating select fields of law in a comprehensive way and binding in the entire territory of the country. The code of civil procedure, the code of criminal procedure, as well as the commercial code and the maritime code, were enacted at the time. Some areas of civil law were also regulated. The only thing which was not elaborated, or even approached in those days, was the penal code. Napoleonic codes should be therefore considered as the subsequent chapter of codification activities in France, carried out for the first time by Louis XIV. The popularity of this issue in the Enlightenment literature and the fact that it was a common phenomenon in other European countries is not a sufficient argument to justify applying this term only to those French acts which were enacted in the 19th century and afterwards
Iuramentum na inaugurację władzy w mieście średniowiecznym. Przykład Krakowa
Get PDFThe article is devoted to the oaths related to the inauguration of the authorities in medieval Cracow. The paper is mainly based on Cracow’s two municipal codes: the Grabowski Codex (from the 14th and the 15th century) and the Balthasar Behem Codex (from the beginning of the 16th century).The oath played an enormous part in the legal and social relations in the Old Polish period. Cracow’s burghers took an oath of homage (Latin homagium) to every single Polish monarch. Moreover, the clerks, municipal workers and craftsmen yearly pledged their allegiance to the city and took a vow to diligently perform their professional duties. The Grabowski Codex contains oaths (Latin iuramenta) which were written down chaotically for about two centuries. Consequently, it allows one to follow even minor changes in the content of the vows which highlights the significance of the contents of theoath themselves. On the other hand, the Balthasar Behem Code, which was a dignified book and a municipal insignia (Latin insignium), gathered the contemporary oaths in an orderly fashion. As a consequence, it outlines the hierarchy of the municipal clerks and institutions. This further emphasizes the huge importance of a municipal scribe whose oath is inscribed right after the pledge of the town council which was the main municipal institution in town. This paper also undertakes the topic of the elections of new people to perform various functions, pinpoints the dates of these nominations and it outlines the issue of the ceremonies which accompany them. At the same time, it emphasizes the splendour connected with the election of new members of the city council