The traditional punishment for parricidium under Roman law was the poena cullei (“the penalty of the sack”). Its continued use in late antiquity is confirmed by the constitution of Emperor Constantine the Great later adopted in the Theodosian Code of 438 (C. Th. 9, 15, 1). It is not clear, however, whether this punishment was also applied in practice to pars Occidentis in the period after the abdication of Emperor Romulus Augustulus (476). The official royal correspondence preserved in Cassiodorus’ Variae mentions the penalty of exile imposed for fratricide (Cass., Variae 1, 18). The aim of the study is an attempt to interpret the indicated letter of Theodoric the Great, as well as a number of other sources (the provisions of Edictum Theoderici regis and Breviarium Alarici) to reconstruct the penal policy of this ruler towards the perpetrators of parricidium and homicidium.

The Propination Rights in Galicia. An Outline

The propination rights provided for the exclusive right to produce and sell alcoholic beverages. In the 19th century, however, these rights, together with the serfdom, became a relic of a bygone era, having no place in the existing social and legal system, which ultimately led to its abolition. The article presents research problems related to the propination rights in Galicia. The first part of the article presents the definition and nature of propination in Poland, its connection to the feudal system and the phenomenon of forced propination. The second part of the article discusses the propination rights in Galicia during the first half of the 19th century, taking into account social, political and legal factors. It presents the issue of propination during the period of Galician autonomy in the second half of the 19th century as well. This part includes also issues of competent authorities and the ultimate abolition of these rights on the basis of the Act of December 30, 1875, and the Act of April 22, 1889.

Issues Concerning Legal Protection of Artistic Performances in Poland in the Years 1919–1994 (Part II)

The article presents the views of the legal doctrine and the discussion concerning the attempts to extend the legal regulation of artistic performances in Poland in the period after World War II, including the discussions in the Sejm of the first and second term in the early 1990s, accompanying the  enactment of the currently binding Act on Copyright and Related Rights. During this period, many bills – the first ones from the 1960s and 1970s – failed to be translated into the language of the current legislation. In the period immediately after World War II, the doctrine took the position that the protection of performers could be derived from the provisions protecting the creators themselves. In practice, however, protection was implemented through the provisions of civil law and labour law. It was only after the change of the social and political system in Poland in 1989 that the work of the Sejm of successive terms of office led to the enactment of legislation protecting the rights of performers.

On the Activities of the Special Court in Ternopil (Sondergericht Tarnopol) 1941–1944

The article concerns the activities of the Special Court in Ternopil (Sondergericht Tarnopol), one of the German special courts operating in the territory of the General Government, in the Galicia district, in the years 1941–1944. Investigating this topic is justified by the lack of even fragmentary findings. Due to the state of preservation of the sources, I tried to answer the question about the nationality of the defendants; what punishments they received; if and in what cases the death penalty was imposed; who directed the work of the Sondergericht; what judges were its members and what prosecutors participated in the hearings before the Sondergericht; and where the lawyers involved in the work of the Sondergericht came from. The sources used in the research included archival materials (court and personal files), literature and the press. The research resulted in new, original findings regarding the Special Court in Ternopil.

* Artykuł został opracowany w ramach projektu badawczego finansowanego przez Narodowe Centrum Nauki (2020/39/B/HS5/02111).

The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book

The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.

* Praca powstała w wyniku realizacji projektu badawczego o nr 2020/36/C/HS5/00365 finansowanego ze środków Narodowego Centrum Nauki.

Lost Minutes of the Sittings of the Sub-commission on the Law on Kinship and Care Relationships of the Codification Commission of the Republic of Poland in 1939 (Part IV)

When Poland regained independence in 1918, the different legal systems of the various partitioning states all remained in force on its territory. Drafts of uniform laws were to be drawn up by the Codification Commission established in 1919. One of its tasks was the preparation of a draft of the family and guardianship law. The sub-commission addressing this division of civil law worked until the outbreak of World War Two. The minutes of its sittings disappeared in September 1939 along with the total output of the Codification Commission. However, copies of minutes of the sittings of the subcommission held in 1939 were found in Kazimierz Przybyłowski’s collection of books donated to the Faculty of Law and Administration of University of Silesia in Katowice. These minutes shed new light on the final phase of the codification works. Publication of these documents will enable further detailed research on the history of family law in interwar Poland. The fourth part of the publication consists of minutes nos. 197–201, and includes the reconstruction of articles 1–16, 40–58, and the draft of articles 59–78a as well.