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Artykuł stanowi rozszerzoną wersję referatu wygłoszonego podczas międzynarodowego seminarium w Wiedniu w październiku 2013 r., zorganizowanego przez Uniwersytet Wiedeński pod ogólnym hasłem: „Zwischen Wien und Czernowitz. Rechts- und Staatswissenschaftliche Karrierewege um 1918”.
After the 1921 plebiscite which led to the division of Upper Silesia and the need for the then II Polish Republic to create a self-governing (autonomous) Voivodship in the region, overcoming the results of Germanisation was one of the most important problems to be faced by those responsible for forming the state. The principles of shaping a modern public administration and earlier traditions of a...
In 1955 the first official visit of Soviet lawyers to Poland took place. It is somehow strange that it took place so late, when the process of Sovietization of Polish law was already very advanced. The chairman of the delegation was Professor D. S. Kariew, who was also a high ranked official of the Soviet Ministry of Justice. The document presented below is the minutes of the last meeting of the delegation...
The Second Polish Republic, which came into being in November 1918, adopted the legislation of the partitioning states which deprived women of the right to participate in public life. Alongside with regaining independence, women obtained full election rights and had their representatives in all parliaments of inter-war Poland. The principle of gender equality was raised to the constitutional level...
The main task of this text is to present some general statements and discussions related to the rule of law dilemmas in relation to dealing with past processes in post-transitional Czechoslovakia (now the Czech Republic) and Hungary. One of the main challenges is to answer the question of how deeply disputes were rooted in national memory relating to communist contempt for the law and how influential...
After the 1921 plebiscite which led to the division of Upper Silesia and the need for the then II Polish Republic to create a self-governing (autonomous) Voivodship in the region, overcoming the results of Germanisation was one of the most important problems to be faced by those responsible for forming the state. The principles of shaping a modern public administration and earlier traditions of a...
Artykuł stanowi rozszerzoną wersję referatu wygłoszonego podczas międzynarodowego seminarium w Wiedniu w październiku 2013 r., zorganizowanego przez Uniwersytet Wiedeński pod ogólnym hasłem: „Zwischen Wien und Czernowitz. Rechts- und Staatswissenschaftliche Karrierewege um 1918”.
The text is about the unification and the codification of the law on joint-stock companies in Poland in the years 1918–1939. The author analyses the process of preparing the draft, which led to the President’s decree from March 22nd, 1928, Law on Joint-Stock Companies (Journal of Laws No. 39, item 383). This decree was subsequently included into the Commercial Code, which was passed as the President’s...
In 1955 the first official visit of Soviet lawyers to Poland took place. It is somehow strange that it took place so late, when the process of Sovietization of Polish law was already very advanced. The chairman of the delegation was Professor D. S. Kariew, who was also a high ranked official of the Soviet Ministry of Justice. The document presented below is the minutes of the last meeting of the delegation...
Stanisław Grabski, Professor of Economics at the Faculty of Law at the Jan Kazimierz University in Lwów, rejected the idea that the great economic crisis (1929–1933) would lead to the collapse of capitalism. He advocated the development of the economy in stages, recognizing changes in societal needs and the emergence of a new technique for a boost to development, granted by the State and governed...
After WW II, the Supreme Court functioned pursuant to the Law on the Organization of General Jurisdiction Courts of 1928 as a court of cassation (kasacyjny) – and after the 1949–1950 reform of the court system – as an appellate (rewizyjny) court. As a consequence of the politically-motivated appointments prevailing from the mid-1940s to mid-50s, the justices of the interwar period were replaced by...
The text is about the unification and the codification of the law on joint-stock companies in Poland in the years 1918–1939. The author analyses the process of preparing the draft, which led to the President’s decree from March 22nd, 1928, Law on Joint-Stock Companies (Journal of Laws No. 39, item 383). This decree was subsequently included into the Commercial Code, which was passed as the President’s...
The main task of this text is to present some general statements and discussions related to the rule of law dilemmas in relation to dealing with past processes in post-transitional Czechoslovakia (now the Czech Republic) and Hungary. One of the main challenges is to answer the question of how deeply disputes were rooted in national memory relating to communist contempt for the law and how influential...
This paper aims to present the various ways used by secular persons (knights and the gentry) and church institutions to recover immovable property taken from them unlawfully (nullo iure) by the rulers in medieval Poland (from the 13th until the mid-15th century). Attempts to recover such property were made by applying to the ruler in his or her judicial capacity competent in matters related to immovable...
The paper discusses the extent to which it is possible to find the right Polish equivalents of such English concepts as acquisitive prescription (in property law), entitlements of the dependents (in the law of inheritance) and commercial impracticability (in the area of obligations). Although the general idea of the discussed concepts may easily be grasped and smuggled into such Polish institutions...
The article presents the reformatory ideas of King John Casimir in the years 1655–1658. They are worth mentioning, although they had no chance of being realized. Due to the danger of war the King proposed that the military obligation should be exceeded not only on noblemen, but the Sejm should impose it on representatives of lower estates. The towns should have been transformed into “fortresses of...
The text evaluates the proposed regulations of the position of the ruling and auxiliary organs in Polish parliament (Sejm). The analyzis covers 11 drafts of the Polish constitution from 1989–1991. Among them there were: 2 parliamentary drafts, 4 coming from parties and 5 private ones. The vast majority of drafts concentrated on the position of the Speaker of the Sejm (so called Marshal). Only in two...
The paper discusses Fibrosa S.A. v. Fairbairn Lawson Combe Barbour Ltd (1942), a case considered as one of several landmark cases in the English law of restitution. What was at stake in litigation before the House of Lords was whether a Polish plaintiff should recover a prepayment transferred pursuant to a contract that had become frustrated because of the outbreak of war in 1939. The lords had to...
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