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Volume 12, Issue 3

Volume 12 (2019) Next

Publication date: 30.09.2019

Description

Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.

Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji, przez CAN-PACK S.A. oraz przez Uniwersytet Gdańsk.
The publication has been sponsored by Jagiellonian University in Krakow by CAN-PACK S.A., and by University of Gdańsk.

Licence: CC BY-NC-ND  licence icon

Editorial team

Editor of the Issue 3 Dr hab. Maciej Mikuła

Issue content

Gábor Barabás

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 293-318

https://doi.org/10.4467/20844131KS.19.010.10931

The paper discusses a special organisation of the medieval Papal Curia: the personal chapel of the popes, primarily focusing on the activity of its members in Hungary, during the 13th century. The papal subdeacons and chaplains played a significant role in the operation of the Apostolic See, e.g. they functioned as legates in a growing number besides cardinals, and they participated in the work  of the papal chancellery, chamber, and penitentiary as well. Nevertheless, papal clerics were also to be found outside the Apostolic Court, such as in Hungary, where they can be classified into two different factions: the first major group was formed by the members of the Papal Chapel, who only visited the certain regions of church with special mandates for various kinds of tasks. In most cases, they had to deal with diplomatic affairs, or with matters of ecclesiastical government and discipline. The second category, on the one hand, consisted a group of clerics with special status, they were the so-called papal subdeacons, while on the other hand, certain members of the Hungarian clergy received the title of (honorary) papal chaplain from the popes as a reward for their services.

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Zdzisław Zarzycki

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 319-359

https://doi.org/10.4467/20844131KS.19.011.10932

Austrian divorce law was in force in the territory of the former region of Galicia until the end of 1945. The possibility of seeking a civil divorce was determined by the internal law of the church that the betrothed couple belonged to on the wedding day. Thus, divorce was outlawed both for people of the Roman Catholic confession [§ 111(1) ABGB] and for married couples where even one of the spouses confessed the Roman Catholic religion at the time of their wedding to a non-Catholic Christian [§ 111(2) ABGB]. Not even a religious conversion on the part of the Catholic after the date of the wedding could create the possibility for the couple to obtain a divorce. In practice, Catholic residents of Małopolska resorted to “divorce migration” to more lenient legal jurisdictions. In any case, a divorce dispute was adjudicated before common courts according to state procedural rules. Divorce proceedings could be initiated in two ways, i.e. by unilateral request of one of the spouses, or by joint request of both spouses. Divorce in Jewish marriage was subject to certain legal differences, and could also be initiated in two ways, i.e. by the voluntary, uncontested request of both spouses [§§ 133–134 ABGB] or by way of a divorce application filed by the husband [§ 135(1) ABGB]. In both cases, the procedures were aimed at terminating the marriage by the husband’s presenting the wife with a so-called bill of divorce. Different civil proceedings regulated divorce disputes in Krakow in the period described (1918- 1945), i.e. the Austrian proceedings until the end of 1932 and the Polish proceedings of 1930 thereafter. 

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Norbert Varga

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 361-374

https://doi.org/10.4467/20844131KS.19.012.10933

The lawsuit of public interest was introduced by the 20th Act of 1931 after the economic crisis in the interwar period special attention to the regulation of cartels in Europe. This Act regulated the unfair economic agreements in Hungary. The Hungarian Cartel Law regulated the supreme organs related to the cartels. In my paper I would like to examine the cases of the Cartel Court and its jurisdiction. By examining the cases, it can be stated that the role of the Cartel Court was strongly administrational in connection to lawsuits of public interest. The Cartel Court and the Cartel Committee become one of the most decisive legal institutions in the Hungarian Economic life up until the middle of the 20th Century. The state intervention appeared in the Hungarian Private Law special attention to the cartel regulation.

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Václav Valeš

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 375-386

https://doi.org/10.4467/20844131KS.19.013.10934

The article describes the restitution process that took place after 1945 in Czechoslovakia in relation to the property occupied in 1939–1945 in the Protectorate of Bohemia and Moravia for the creation of German military exercise areas. They were supposed to be used for the Germanization of the Czech lands. To create these spaces, the Nazis abused the legal order of the Czechoslovak Republic from 1918 to 1938. The restitution process subject to this territory after 1945 was governed by the separate Directive of the Settlement Office and the National Renewal Fund of 2 December 1947. It was generally based on the principles contained in the Act No. 128/1946 Coll., on the invalidity of certain propertyright acts from the time of oppression and of some other intervention into property-rights, as amended by the Act No. 79/1948 Coll. This directive was, generally speaking, more favorable to restituents than analogous legal regulations. Attention is paid not only to the content of the Directive of 2 December 1947 and related legislation, but also to its application from the end of World War II to the present. The article also refers to the professional literature, which was devoted to the topic. 

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Editions of primary sources

Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 387-419

https://doi.org/10.4467/20844131KS.19.014.10935

As part of the series of source publications commenced in the second fascicule of the 12th volume of “Krakowskie Studia z Historii Państwa i Prawa” [Krakow Studies in History of State and Law], we are publishing [Draft] to Replace Title 5 of Book 1 of the French Civil Code  and fragments of the minutes of Civil Reform Committee’s sessions concerning this draft. On 23 October of 1814 Antoni Bieńkowski presented at the Committee’s session drafts of marital laws: personal and property. The former of the two drafts is published below, whereas the latter will be printed in the upcoming fascicule of “Krakowskie Studia z Historii Państwa i Prawa”. This draft, similarly to the others penned by Committee members, never came into effect as law. The issue of upholding the lay system of marital law, introduced by the Napoleonic Code, remained a contentious one for years to come. In 1825 the Sejm enacted Book One of the Civil Code of the Kingdom of Poland, which implemented a mixed model of marital personal law. Lay elements, however, were a lot stronger there than in the 1814 draft (particularly, also marital issues concerning Catholics were placed within the jurisdiction of common courts of law). Also this law was heavily criticized by the conservative circles. 

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Reviews

Jacek Goclon

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 421-428

https://doi.org/10.4467/20844131KS.19.023.10944

What is innovative in this study of the West’s attitude towards the Polish army struggling alone against Bolshevik Russia is the presentation of the discussed issue based on the rich archives of Great Britain, the USA, Russia, Switzerland, and Poland. The extensive basis is the collection of documents and printed sources as well as press articles and studies. The monograph is a very valuable item due to the quotation of many unknown or little-known archival sources, which brings readers closer to the “Polish cause” of the politicians of the great powers, deciding then on the fate of the European continent. The most interesting part of the monograph is the third part, in which the author attempted to reach, based on unused documents, the reasons for the attitude of appeasement, i.e. the attempt by the Entente states to calm down Bolshevik Russia, at the expense of the smaller states of the central-eastern part of the European continent. It is a rich psychological analysis of the motives of attitudes of the most influential politicians of that era, towards a settlement with the new rulers  of Moscow. The publication is an exceptional and very carefully published work, which also contains little-known photographs from the era when the fate of the Polish Republic was weighing in the balance. In the event of a defeat in the war with Bolshevik Russia, Poland  would have been thrown into the abyss of communist hell, in the cruel Russian variety met by other nations, and would have lost its independence in 1920. It most probably would not have regained it in 1945, even in the much truncated form of the eventual reality of the Polish People’s Republic. Particularly noteworthy is the captivating style of the narrative and, most importantly, the firm assumption of theses, based mostly on quotes from sources, which, naturally, is extremely convincing for the reader. All this makes this academically  valuable monograph worth recommending to a wide range of readers.

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Chronicle of scholarly events

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 429-433

https://doi.org/10.4467/20844131KS.19.015.10936
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Pierre-Olivier Rigaudeau

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 435-439

https://doi.org/10.4467/20844131KS.19.016.10937

Over the course of 2018 there were a number of significant developments in the area of legal and constitutional history in France and a large number of academic works were produced. Only the most relevant developments have been considered below. Publication dates have been omitted since this chronicle is by definition restricted to events having taken place in 2018.

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Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 441-449

https://doi.org/10.4467/20844131KS.19.017.10938

In the year 2018, several research projects of the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history were continued, and an important new one – project IURA – was launched. Apart from these, the faculty members and postgraduate, of th Chairs were engaged in cooperation with other academic centers, including several international conferences, and the preparation of a book devoted to the memory of Prof. Janusz Sondel (1937–2017).1 A very challenging but fruitful event was the 72nd World Congress of SIHDA (Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité), organized by the Chair of Roman Law.

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Adriana Švecová, Miriam Laclavíková, Ingrid Lanczová

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 451-453

https://doi.org/10.4467/20844131KS.19.018.10939

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Roman Shandra

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 455-458

https://doi.org/10.4467/20844131KS.19.019.10940

2018 was a year of important scholarly events for Ukrainian legal history. During this year Ukrainian scholars published several historical-legal academic works and held three professional conferences.

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Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 459-468

https://doi.org/10.4467/20844131KS.19.020.10941

2018 was a productive and successful year for the study of Hungarian Legal History because among Hungarian legal historians, or foreign historians working in Hungary, there were awarded one D.Sc. degree, one habilitation, and three PhD degrees, along with the publication of 17 books dealing with issues in the sphere of Hungarian legal history. I focused strictly on the scholars and departments of Hungarian and European Legal History, to the exclusion of scholars and departments of Roman Law. This report also reviews scholarly works in legal history published in Hungary, as well as important legal history conferences held in Hungary.

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Jakub Pokoj

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 473-475

https://doi.org/10.4467/20844131KS.19.022.10943

The  XXIVth   Annual  Forum  of  Young  Legal  Historians  was  organized  by  Faculty  of  Law  and Administration of University of Warsaw from 14th  through 17th  June 2018. This years’ conference was devoted to the issues of norms and legal practice, what was reflected in most of speeches given dur- ing the conference. The organizers gathered nearly 80 speakers who about 20 countries, including non-European states (United States, Israel). As usually, the biggest group of young legal historians represented the host country. There were 6 representatives of University of Warsaw, 4 from Jagiellonian University and 3 from University of Gdansk. As well University of Bialystok as University of Lodz, Adam Mickiewicz University in Poznan, John Paul II Catholic University of Lublin, Jan Długosz University in Czestochowa and Cardinal Stefan Wyszynski University in Warsaw had one representative during the XXIVth Annual Forum of Young Legal Historians.

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Stanisław Salmonowicz

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 477-479

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