‘Historia prawa’ Katarzyna Sójka-Zielińska. 60 likes. Book. Historia prawa (Polish Edition) [Katarzyna Sójka-Zielińska] on * FREE* shipping on qualifying offers. 4 results for Books: “Katarzyna Sojka-Zielinska”. Powszechna historia panstwa i prawa. 1 Jan by Katarzyna Sojka-Zielinska and Michal Sczaniecki.

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Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.

Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. Grynwaser, Pismavol.

Historia prawa by Katarzyna Sójka-Zielińska

In the sixteenth century, when regular parliaments Sejms began to fully function, the old ius ducalewhich once allowed the monarch to intervene in the substance of customary law, ceased to exist. Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. Ultimately, during the mid-sixteenth century, the legislative nature of prawaa norms ceased to be questioned.


Emphasis is placed on the time period up until the Third Partition of Poland. Originally, Polish law formed prada customary system. Statutory law, on the other hand, was more successful in the area of procedure.

Custom and Statute: A Brief History of Their Coexistence in Poland

Thus, customary and statutory law coexisted in Poland during this time period. This tendency is particularly evident in penal law, homicide being a prime example. The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have zielsika.

However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal laws, an example being the old Polish possessory trial.

Historia prawa – Katarzyna Sójka-Zielińska – Google Books

The coexistence of the custom and the statute in the Polish legal system is hisforia by a long-lasting tradition, the role of the custom being not entirely eliminated even today. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms.


Then, in the sixteenth century, attempts hisstoria made to replace the custom with a codified land law system. A Guide in their History ,New York Two old Polish institutions — life annuity between husband and wife and the securing of a loan by mortgage — exemplify the predominant role of the custom over the statute.

The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for ziellska parliamentary structures. However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament.