Fryderyk Zoll (starszy), Leon Piniński i zakres zastosowania actio negatoria. Koncepcje dwóch XIX-wiecznych romanistów a regulacja Kodeksu cywilnego
Fryderyk Zoll (senior), Leon Piniński and the scope of applying of actio negatoria. Concepts of two 19th century Roman law scholars’ and present-day Civil Code regulations

Summary/Abstract: Background: Question concerning the scope of applying actio negatoria stimulated considerable interest in nineteenth-century doctrine and was the subject of intense discussion. The article refers to the concepts formulated by Fryderyk Zoll (senior) and Leon Piniński. The article also focuses on the regulations of the Polish Civil Code, at the same time seeking traces of the theories formulated by these two nineteenth-century scholars in the contemporary regulations of civil law. Research purpose: The aim of this article is not only to reintroduce the views of two outstanding Polish Romanists: Fryderyk Zoll (senior) and Leon Piniński, but also to relate their views to contemporary regulations on negatory action. The article seeks to answer the question of whether traces of the Polish scholars’ ideas can be found in the contemporary regulation of negatory action. Methods: The article uses the legal-historical and dogmatic method. Conclusions: The concepts formulated by F. Zoll (senior) and L. Piniński concerning negatory action definitely deserve appreciation. The clarity of their presentation as well as the precision of their argumentation allow us to conclude that the skills of these scholars are of the highest level. Traces of views expressed by the two Polish Romanists can be found in the present-day Civil Code. However, it is probably impossible to determine whether the authors of the binding regulations used the ideas of F. Zoll (senior) and L. Piniński during their work on the codification of law.

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