„A shocking memory of Bonaparte’s usurpation?” – an enactment of the principles of law of succession to the Civil Code of the Free City of Krakow Cover Image

„Wstrząsające wspomnienie uzurpacji Bonapartego?” – uchwalenie zasad prawa spadkowego do kodeksu cywilnego Wolnego Miasta Krakowa
„A shocking memory of Bonaparte’s usurpation?” – an enactment of the principles of law of succession to the Civil Code of the Free City of Krakow

Author(s): Piotr Michalik
Subject(s): History, Law, Constitution, Jurisprudence, Political history, 19th Century, Administrative Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: Free City of Krakow; codification; civil code; principles of law; Code Napoleon (Napoleonic Code); inheritance law

Summary/Abstract: Establishing the Free City of Krakow (1815–1846) at the Congress of Vienna, the protecting powers of Austria, Russia, and Prussia decided that new codes of laws would be adopted in place of the French and Austrian law that had been in force on its territory so far. The subject of this article in its first part is the analysis of codification works carried out in Krakow in the years 1816–1818 by the Assembly of Representatives and the Legislative Committee appointed by them. The result of this work, conducted under the supervision of the Organizing Commission headed by the residents of the protecting powers, was the enactment in 1818 of 297 principles of law to the proposed but ultimately not introduced codifications. The second part of the paper presents a detailed analysis of the adoption of 31 principles of inheritance law to the new civil code being prepared, which was to replace the Napoleonic Code (Code Napoléon). This analysis indicates to what extent the Krakow legislators intended to base their own civil codification on the solutions adopted in French law.

  • Issue Year: XXV/2022
  • Issue No: 1
  • Page Range: 13-36
  • Page Count: 24
  • Language: Polish
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