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FONTES – Fostering iNnovative Training in the Use of European Legal Sources

Paulina Kamińska

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Volume 17 (2024), pp. 551-554

https://doi.org/10.4467/20844131KS.24.045.21029

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Kodeks Napoleona jako źródło rozstrzygania sporów z zakresu prawa pracy w Wolnym Mieście Krakowie (1815–1846)

Paulina Kamińska

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 611-631

https://doi.org/10.4467/20844131KS.25.037.23074

The article presents the issue of resolving disputes between “employers” and “employees” by the courts of the Free City of Cracow (1815–1846). This was based on the regulations of the newly implemented Napoleonic Code of 1804. It is shown that due to the scarcity of the provisions relating to contracts of lease of labor (Articles 1708–1711, 1779–1781), Cracow judges and advocates were very keen to refer to the regulations on contractual relations (Title III of Book 3 of the Code Civil). The analysis covered several cases concerning various forms of work services (lease of services). The findings were based on court files from the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and the Higher Court, stored in the National Archives in Kraków. The article is a contribution to research on the beginnings of labor law on Polish lands in the first half of the 19th century.

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Jagiellonian University in Kraków

Poland

ROR ID:

Research Organization Registry icon 03bqmcz70

Paulina Kamińska

Jagiellonian University in Kraków (Poland)