Vol. 9 Issue 1 Year 2016

Volume 9 (2016)

Publication date: 14.06.2016

Description

Volume Editors: prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak, dr Maciej Mikuła, mgr Jakub Pokoj

Licence: None

Editorial team

Issue editor prof. dr hab. Wacław Uruszczak, prof. dr hab. Dorota Malec, dr Maciej Mikuła, mgr Jakub Pokoj

Issue content

Cezaropapizm a rzeczywistość Imperium Romanum IV–V wieku

Rafał Marek

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 1 - 24

https://doi.org/10.4467/20844131KS.16.001.5073

The relationships between the secular authorities and the ecclesiastical hierarchy in the Roman Empire of the discussed epoch do not follow the simple pattern known as “caesaropapism”. or other similar models of sovereign’s supremacy over the church hierarchy within the “State church”. The reality was much more complex then, since a new model, known as “symphony” began to develop. The notion of “symphony” should be understood as a kind of close cooperation of both powers within the uniform Christian society. Popes strongly affi rmed the primacy of Rome within the church. At that time the theory of Pope Gelasius and the doctrine of St. Augustine played a prominent role. Nevertheless, these ideas were not widely received in the East. Later on, the Gelasian and Augustinian theories begun to be studied and appreciated in the scholastic milieu, where the new model of the relationship between the secular and papal power was developing.

PDF

Status Controversy in Roman and Common Law

Matej Mlkvý

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 25 - 38

https://doi.org/10.4467/20844131KS.16.002.5074

The aim of the article is to analyse whether villain under the English common law was legally the same category as slave under the Roman law. Perhaps at fi rst sight a remarkable notion, such conclusion could be theoretically justified by the evident reception of Roman law in a major medieval book of authority De Legibus et Consuetudinibus Angliae by Bracton. With regard to the personal status Bracton uses terms found in the Roman law codifi cation of Justinian. To examine the question, the article from the methodological perspective compares the terminology, modes of acquiring and loosing the servile status and the legal capacity of slaves and villains. In its second part the article examines the judicial proceedings subject matter of which is the determination of disputed status libertatis. Since both the Roman and the common law system are systems built on remedies rather than substantive rights, principally the Roman controversia de libertate and the English writ de native habendo as the respective forms of action are examined.

PDF

O instytucji dożywocia na przykładzie małżeństwa Jana Klemensa i Izabeli Branickich

Karol Łopatecki

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 39 - 66

https://doi.org/10.4467/20844131KS.16.003.5075

The article describes the institution of Jointure, which was present in the Polish Crown. This institution provided the possibility to mutual demise to a spouse the usufruct and collection of income from assets (movable and immovable property), without the possibility of taking action violating the rights of owners. People could pass both pledged and unpledged assets and estate. A characteristic feature of this institution was, that the legislation was imprecisely regulated, which had enormous impact on common law and jurisprudence. In the article I analyse in detail the process of applying the law from the moment on November 12, 1748 when Klemens Branicki signed the marriage contract with Stanislaw Ciołek Poniatowski and Konstancja Poniatowska of the Czartoryski. An agreement of Jointure was prepared 10 days later, in which Izabela and Jan Klemens Branicki endowed each other with all of their assets. This agreement was signifi cantly modifi ed by the hetman in his will in 1769. After the death of the Castellan of Cracow a long lawsuit began between his successors and the widow – Izabela. The lawsuit was finally settled in 1800. The most important procedural step was a decision handed down by a special court authorised by the constitution in 1774.

PDF

Nienależne świadczenie w polskim Kodeksie zobowiązań z 1933 r. na tle porównawczym

Jan Halberda

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 67 - 95

https://doi.org/10.4467/20844131KS.16.004.5076

The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his fi nal remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

PDF

Defining the Term and Content Nation (A Necessary Condition for Understanding the Terms “Nationality” and “National Minority”)

Karolina Adamová, Antonín Lojek

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 97 - 109

https://doi.org/10.4467/20844131KS.16.005.5077

The authors of this article focus on the definition of the term “nation”. They introduce various definitions of “nation” offered by European thinkers, including Czechs. They point out that in the ideas of linguists, historians, and politicians of the Revival and post-Revival periods were picked up by Czech sociologists, philosophers, and political scientists of the 20th century. The authors also introduce several individual schools of thought that attempted to study the term “nation”.

PDF

Aplikacja sądowa Adama Vetulaniego: 1924–1934

Jakob Maziarz

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 111 - 122

https://doi.org/10.4467/20844131KS.16.006.5078

This article concerns only one period of Adam Vetulani’s life, when he was occupied with legal practice (from 1924 to 1934, when he worked as an articled clerk in the Court of Appeal in Cracow). From this period only the first year was a time of eff ective learning; the rest of the time Vetulani spent on dissertation, which was possible thanks to help he was given from the administration of justice. The article is the first publication about this, until now unknown, period in professor Vetulani’s life.

PDF

Pomnikowa edycja nowożytnych chłopskich rozrządzeń ostatniej woli (Testamenty chłopów polskich od drugiej połowy XVI do XVIII wieku, oprac. i wyd. Janusz Łosowski, Wydawnictwo UMCS, Lublin 2015, 519 s.)

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 123 - 126

The text is a short, descriptive review of an important source edition of documents attesting to peasant testamentary dispositions in the Polish Crown in the 16th–18th centuries, prepared and published in 2015 by Prof. Janusz Łosowski.

PDF

The Chronicle of Research and Scholarly Events in Legal and Constitutional History at the Faculty of Law and Administration of the Jagiellonian University in 2015

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 127 - 134

In the year 2015, in the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history, apart from the normal didactic and scholarly activities of the staff , several research projects were being continued, two were fi nished, and a few new ones were launched. At the beginning of the year two important anniversary events in honor of meritorious professors also took place.

PDF

The Melkites and their law between Byzantium and Islam: Wykład prof. Johannesa Pahlitzscha na Seminarium Śródziemnomorskim Instytutu Historii U

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 135 - 138

The note is a short report from a scholarly event: the lecture of Prof. Johannes Pahlitzsch on the law of the melkites in the Middle Ages, which was presented during the Mediterranean Seminar of the Institute of History of the Jagiellonian University on February 25th 2015

PDF

Dwudzieste pierwsze Forum Młodych Historyków Prawa: „Law in Transition”

Kacper Górski

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 139 - 140

The XXIst Annual Forum of Young Legal Historians titled “Law in Transition” was organised March 1st through 3rd 2015 by The Buchmann Faculty of Law, Tel Aviv University. The conference gathered over 65 participants from 20 countries, including representatives from non-European universities (USA, Canada, India, Australia). Seven sessions (that included 17 panels) were held March 1st and 2nd. Eleven young Polish legal historians representing the University of Warsaw (6), the Jagiellonian University in Kraków (3), Adam Mickiewicz University of Poznań (1) and the Polish Academy of Sciences (1) gave their speeches during the conference.

PDF

The 9th International Legal History Conference “History of Labour Law and Social Policy”

Kacper Górski

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 141 - 141

PDF

Sprawozdanie z międzynarodowego sympozjum historycznoprawnego „Religia w przestrzeni publicznej państwa prawa XIX – XX wieku”, Kraków, 28 – 29 kwietnia 2016 r.

Michał Ożóg

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 143 - 155

The symposium was held in Kraków on April 28th–29th, 2016, and it touched upon the subject of religion in the public sphere in the legal state of the 19th and 20th centuries. It was organised by the Chair of General History of Law and State at the Jagiellonian University. The participants were greeted by Prof. Dorota Malec, PhD, Vice Dean for Administrative Studies at the Faculty of Law and Administration of the Jagiellonian University (as well as the University’s Vice Rector-Elect for Development). The proceedings of the conference began with the inaugural speech delivered by Prof. Andrzej Dziadzio, PhD, Head of the Chair of General History of Law and State at the Jagiellonian University in Krakow. As many as 15 lecturers from 5 countries (Poland, Hungary, Germany, Austria, and the USA) contributed to the discussions. Each day of the symposium was divided into two sessions. The papers presented focused on the problem of relations between the church and the state throughout the 19th century, the inter-war years, and the post-war period, as well as on such problems as the secularisation of marriage law, protection of religious feelings, the status of church-affi liated organizations, and others issues concerning church/state law and religious policy. Special attention was given to the legal systems of the Austro-Hungarian Empire, the successor states of the Habsburg Monarchy, and the German legal environment.

PDF

Sympozjum naukowe „Wiara i małżeństwo. Czy pożądana jest zmiana prawa?”, Kraków, 19 listopada 2015 roku

Marek Strzała

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 153 - 156

The Symposium “Faith and marriage. Are changes in law desirable?” was held in Krakow on November 19th, 2015. It was organized by the Faculty of Canon Law of the John Paul II Papal University of Krakow. The main topic of the conference was the meaning of the faith for the validity of marriage in canon law.Five speeches were delivered over the course of two sessions. Speeches concerned the faith of the nupturients, defi nitions of “faith” and “act of faith”, the sacramentality of marriage as a subject of faith, and its meaning for the validity of matrimonial consent. Other speeches were about the concept of marriage in Protestantism (especially its non-sacramentality and secular character, as well as the significance of the faith of the nupturients for its validity), the civil (state) law marriage bond as an impediment for joining the Catholic Church, the place of celebration of marriage, and its celebration outside the liturgy of the Eucharist (especially in disparitas cultus marriages and mixtae nuptiae sensu stricto).

PDF

Files to download

Table of Contents PDF List of abbreviations PDF

Słowa kluczowe: secular and ecclesiastical power, Church and the Roman Empire, papal primacy in the Antiquity, caesaropapism, slavery, slave, servitude, villain, Jointure, Jan Klemens Branicki, Izabela from Poniatowscy Branicka, will, inheritance, private law, civil law, law of obligations, unjust enrichment, law of restitution, undue payment, interwar period law, the Second Polish Republic, Code of Obligations, nation, nationality, national minority, sociological definition, state, Adam Vetulani, judge’s legal practice in Second Polish Republic, Last Will and Testament, rural law, Crown of the Kingdom of Poland, editing of historical sources, scholarly research, Legal and Constitutional History, Faculty of Law and Administration, Jagiellonian University, the Melkites, Byzantine law, Islamic law, translations of legal texts, Middle Ages, legal culture, conference, Israel, Tel Aviv, legal history, University of Warsaw, Jagiellonian University, Univeristy of Poznań, Polish Academy of Sciences, conference, legal history, labour law, social policy, Society of the Library of Law Students, Cracow, legal history conference, religion in the public space, rule of law, 19th century, 20th century, canon law, denominational law, ecclesiastical law, marriage, faith, invalidity of matrimonial consent, sacramentality of marriage, protestant idea of marriage, Petrine privilege, Pauline privilege, place of celebration of marriage, celebration of marriage without Eucharist, disparitas cultus, mixtae nuptiae

Volume, 9 Issue 1

Volume 9 (2016) Next

Issue content

Files to download

Volume 9 (2016)