A Project of Changes to Civil Procedure in the Works of the Civil Reform Committee (1814–1815). A Source Edition – Part 1 (Trial)

The present source publication is the fifth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification written by the Civil Reform Committee which worked between 1814 and 1815. Herein are contained the minutes of the sessions held by the Committee which concern a key debate among its members who argued as to whether to derogate the French Code of Civil Procedure in its entirety or only in fragments which were considered to be the most burdensome in Polish realities. Moreover, the publication also includes the first part of “The project of the civil judicial procedure in first instance”(primary procedure) presented by Franciszek Grabowski, a preeminent traditionalist in the Committee, along with fragments of the minutes reporting the course of the discussion concerning the project. Together with the second part of the proposition submitted by Grabowski encompassing enforcement proceedings, a counterproject of the code of civil procedure by progressive judge Antoni Bieńkowski, as well as a debate over these two proposals, which are to be published in the next issues of “Krakowskie Studia z Historii Państwa i Prawa”, the materials presented below portray the crux of the debate held over the Code de procedure civile of 1806, which aroused much controversy, and which was in fact the most criticized part of the French legislation in force in Polish territories.

* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.

The present source publication is the fifth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification written by the Civil Reform Committee which worked between 1814 and 1815. Herein are contained the minutes of the sessions held by the Committee which concern a key debate among its members who argued as to whether to derogate the French Code of Civil Procedure in its entirety or only in fragments which were considered to be the most burdensome in Polish realities. Moreover, the publication also includes the first part of “The project of the civil judicial procedure in first instance”(primary procedure) presented by Franciszek Grabowski, a preeminent traditionalist in the Committee, along with fragments of the minutes reporting the course of the discussion concerning the project. Together with the second part of the proposition submitted by Grabowski encompassing enforcement proceedings, a counterproject of the code of civil procedure by progressive judge Antoni Bieńkowski, as well as a debate over these two proposals, which are to be published in the next issues of “Krakowskie Studia z Historii Państwa i Prawa”, the materials presented below portray the crux of the debate held over the Code de procedure civile of 1806, which aroused much controversy, and which was in fact the most criticized part of the French legislation in force in Polish territories.

* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.