Studia Iuridica Lublinensia
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The origins of the Swiss Confederation date back to the year 1291, when the three cantons Uri, Schwyz and Unterwalden renewed the earlier relationship. Over the next two centuries in the compositionof the Union (Eidgenossenschaft) there were thirteen cantons. The foundation of the system of the Swiss Confederation were such acts as: Eid (1291), Pfaffen Brief (1370), Sempacher Brief (1393) and Stanser...
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In 1876 a new model of jurisdiction was introduced in the Kingdom of Poland, based on the Russian law of 1864 on the organisation of the judiciary. The justice was administered by gmina (‘rural district’) courts, justices of the peace, conferences of the justices of the peace and regional courts, the Warsaw Chamber of Justice and the Senate as the supreme court of cassation. The new model involved...
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During the 20th century the number of states increased four times. About 40 states existed as – the same subjects of international law, in spite of numerous territorial, demographic or political changes. As for Poland, it is still a matter of discussion whether the Second Republic was legally the same state as the First Republic which collapsed at the end of the 18th century or a new state. The process...
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The paper deals with Romuald Hube’s views on the legislation works conducted in the years 1828–1830 on book II (property law) of the Napoleon’s Code. Romuald Hube was one of the leading Polish lawyers of the 19th century. He believed that the Napoleon’s Code should have been removed and replaced with a national legal document. The same view was represented by a special Legal Boty while the Government...
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The present study comprises three selected ethical dilemmas of law but regarded as the most fundamental: death penalty, abortion, and euthanasia. What they have in common is a close relationship with the legal protection of the life of every human being as provided for in Art. 38, the Republic of Poland’s Constitution of 2 April 1997. The general character of the constitutional provisions caused these...
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The dynamic development of administrative sciences in the second half of the 19th century was reflected in the origin of the Polish School of Administrative Law. Antoni Okolski, Jozef Bohdan Oczapowski and Franciszek Ksawery Kasparek are considered to be its founders. They became credited for – for the first time on the Polish land – separating it into an independent branch of science and setting...
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The demands to simplify formalities and prevent the delay of procedure and reduce litigation costs accompany all reformist ideas about civil procedure, from the Napoleonic Code to the present.The movement of socialization of the private law, mitigating the conflict between capital and labor resulted in the recognition that civil litigation should not be treated merely as a means of resolvingprivate...
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The problem of SS and police jurisdiction in GG has not been widely elaborated on so far in the Polish literature. It seems that the research should be further conducted, at least because of theresponsibility before courts of Polish police officers, taking into consideration archival research. At first criminal liability of Polish police officers was not different from that of other citizens of GG...
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In the Lublin region, just as in the entire People’s Republic of Poland, between 1948 and 1956 the campaign of forced collectivization of individual agriculture was carried out. Its main advocates and organizers: Jakub Berman, Hilary Minc and Roman Zambrowski. The main purpose of this undertaking was to incapacitate and nationalize the peasant class, prior to Poland’s joining the structure of The...
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Tenancy tax, payable to municipal communes was imposed in 1921, initially in the areas formerly administered by Russian and Austrian authorities. From 1923 regulations on municipal tenancy tax were also in force in the former Prussian territory. In 1925, besides the municipal tenancy tax, the authorities instituted the national tenancy tax (benefitting the National Fund for Urban Expansion) as well...
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Although English law tried to restrict infants’ ability to prosecute, they playeda significant role in the private prosecution (appeals) of crime. According to common law, an infant is a person under the age of twenty-one years, which is termed his full age. This article analyzes the model of proceedings in private prosecutions brought by infant appellants between the 13th and 18th centuries.
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In Poland, until the partitions in the eighteenth century, law had the nature of state law. A separate system was the law of the medieval city of Magdeburg that is enriched by numerous later sources. Under consideration are the judgments issued by a court in the city Grodzisk between 1702–1756. Unlike the municipal courts of the area of Malopolska, this court deciding criminal cases very often (almost...
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The article illustrates internal organization and manning of the regional court in Piotrków during 40 years of its existence. It used to be one of 10 regional courts in The Kingdom of Poland, which had jurisdiction as courts of first instance over major civil and criminal matters. It differs from other courts because of its dynamic increase in the number of judges and development of its internal structure...
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Wincenty Skrzetuski, an outstanding political writer, lawyer and historian, in his handbook Prawo polityczne narodu polskiego – The Political Right of Polish Nation – or – The Constitutional Law of Polish Nation), when discussing the issue of the functioning of the political and legal system of the gentry Republic, presented a short draft about the Crown and Lithuanian Tribunal, which were the gentry’s...
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The paper deals with selected provisions of the binding constitution of the Polish Republic being the source of interpretative doubts as far as its functioning and direct application of its provisions are concerned. Although the stability of the State and its law constitute recognized value, this value should not be understood as immutability of law. It is expressed by a legislator assuming thepossibility...
