%0 Journal Article
%T Inter-District Private Law. An Outline
%A Jastrzębski, Robert
%J Cracow Studies of Constitutional and Legal History
%V Volume 8 (2015)
%R 10.4467/20844131KS.15.017.3994
%N Volume, 8 Issue 3
%P 277-298
%K inter-district private law, private international law, private law, codifi cation, unifi cation
%@ 2084-4115
%D 2015
%U https://ejournals.eu/en/journal/kshpp/article/prawo-prywatne-miedzydzielnicowe-zarys-problematyki
%X The intent of this study is to analyse the origins, development, and application of the enactments which regulated the problem of the collision of legal rules which emerged in the territory of Poland after the First World War. The article is divided into four parts. The first part refers to the characteristics of the concept of inter-district private laws (i.e. the interlocal, the interregional, and the interterritorial), as well as the regulations of the Invading States, and to their legal orders, in particular those of the Russian Empire, as they applied in the Kingdom of Poland which was established by the Congress of Vienna. The second part discusses various aspects of the creation of the legal order of the newly created Second Republic of Poland, such as: the diverse orders of private law in force within the territory of the Polish State after 1918; the works of the Commission of Codification of Law; and the works of the Polish parliament on a project of the statute on the private inter-district law, which was discussed along with a project concerning the act of private international law. The third part of the study deals properly with the Act of the 2nd of August 1926, on the law specific for private inter-district relations. Special attention was paid, in particular, to the case law of the Supreme Court of Poland concerning the application in practice of the solutions adopted in the aforementioned statute, especially in the materia of the marriage law of persons, the property law, and the law of succession. Forensic jurisprudence, in fact, quite often had to interpret and elucidate provisions of the statute for the purpose of applicationin relation to the corpus of different (foreign) legal orders. The problem of the binding force of the aforementioned statute after the unification of law in 1945–1946 is another topic covered in the study. At the end, in the conclusions, it is underlined and proved that the inter-district private law has more than just a historical dimension and significance. Even today it constitutes the basis for judicial decisions in private cases which arose before the Second World War.