The author explores the question of codification of civil and commercial law in the Second Polish Republic in conditions of mixed legal systems, especially those of Poland’s former partitioners. The co-existence in independent Poland of several legal systems prompted the country’s codifiers to conduct extensive comparative studies, as a result of which in the codification process they drew also on other legislative systems from Europe and even other continents. The author argues that the common denominator, developed by Poland’s Codification Commission, of the intermingled legislations encompassed primarily the legislations of the partitioning states, complemented by other legal systems, and what bound them together was the Polish, original legal thought. A model, not always enactable, consisted in creating a synthesis of the legislations of the former partitioners and more recent developments in law. In particular, the codifiers wanted to avoid radical solutions highlighting one system or model of law in order to avoid too great upheavals in the various provinces of the state. A model example of putting the idea of “mixed systems” into practice is the Code of Obligations of 1933, which combined elements of the Romanesque and the German systems. Both these systems were also in evidence — in varying mutual relations and scope of use — in other acts of parliament and draft codifications of civil law. In the Commercial Code, on the other hand, pragmatic considerations prevailed over the idea of a synthesis, hence the predominance of German and Austrian solutions. In the laws concerning industrial property, the provisions dealing with the fundamental question of obtaining patents were based on the Romanesque system, while the Act on Combatting Unfair Competition was closer to the French rather than the German system. The Polish bill of exchange law, taking into account convention-based solutions (the bill of exchange rules of 1910 and 1912), was similar to the German regulations; similarly, the Polish cheque law was based on the provisions of the Hague Convention of 1912, the Austrian and the German cheque laws as well as the later cheque rules of 1931
Apr 21, 2021
Sep 17, 2019
|Pogranicza systemów prawnych, w szczególności pozaborowych, w pracach nad kodyfikacjami prawa cywilnego i handlowego w II RP||Apr 21, 2021|
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