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: Katarzyna Sojka-Zielinska: Books

Grynwaser, Pismavol. This tendency is particularly evident in penal law, homicide being a prime example. In zjka sixteenth century, when regular parliaments Sejms began to fully function, the old ius ducalewhich once allowed the monarch to intervene in the substance of customary law, ceased to exist.

Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament.

Historia prawa – Katarzyna Sójka-Zielińska – Google Books

However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal laws, an example being the old Hustoria possessory trial. Ultimately, during the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned.


Statutory law, on the other hand, was more successful in the area of procedure. Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, Thus, customary and statutory law coexisted in Poland during this time period.

Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. In some cases, however, the statutory law would contradict older practice zleliska tradition, thereby introducing new norms.

The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures. The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved. Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections.

Custom and Statute: A Brief History of Their Coexistence in Poland

Originally, Polish law formed a customary system. Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved. Two old Polish institutions — life annuity between husband and wife histiria the securing of a loan by mortgage — exemplify the predominant role of the custom over the statute.


Emphasis is placed on the time period up until the Third Partition of Poland. The historka of the custom and the statute in the Polish legal system is supported by a long-lasting tradition, the role of the custom being not entirely eliminated even today.

Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. A Guide in their History ,New York