Subject and Keywords:
Codification Committee ; codification of private law ; Sejm and Senate of the Second Polish Republic ; private international law ; private interprovincial law ; copyright law ; protection of inventions, designs and trademarks ; counteracting unfair competition ; bill of exchange Act ; cheque law
The article presents the role of the Parliament in the creation of the Codification Committee of the Second Republic of Poland and its works, with particular emphasis on the participation of the Sejm and the Senate in the works on the drafts of laws prepared in the Committee in the field of private law. These were: private international and interprovincial law, copyright law, law on protection of inventions, designs and trademarks, law on counteracting unfair competition, law on bill of exchange and cheque law. The author comes to the conclusion that the Codification Committee was not a body of the Sejm, although the Parliament – in the light of the Act of 3 June of 1919 which established the Codification Committee – had certain powers towards it. In general, the contribution of the Sejm and the Senate to the draft legislation prepared by the Commission should be seen as rather modest. In general, it concerned more detailed issues, with a distinct predominance of problems in the practical application of the regulations in question, as well as political and social themes, which was so clearly manifested in Parliament's works on the Private International and Interprovincial Law Act. In the author's opinion, the contribution of the Sejm and the Senate to the drafts of the Act on Protection of Inventions, Designs and Trademarks should be assessed as the highest in relation to private law, although it was accompanied by disputes in the Industrial and Commercial Committee of the Sejm and – until the Act was passed – the discontent of the Senate, as well as to the Bill of Exchange Act. The assessment must, of course, take into account the fact that the Parliament appointed the Codification Committee as a professional body, and therefore it was the Committee that was responsible for the concept and juridical framework of the bills. At least in the area of the codification of private and criminal law, it was the Codification Committee of the Second Polish Republic that was the de facto legislator, the most important, though obviously not the only one. It acted as a legislator in sociological terms, as it had a real influence on shaping the content of legal acts and giving them a defined formal shape.