Disputes among residents of Krakow regarding easements of municipal property (central wall and right to a view). In light of the case law of the civil courts in the Free City of Krakow (1815–1846) Cover Image

Spory wśród mieszkańców Krakowa o służebności gruntowe miejskie (mur środkowy i prawo widoku). W świetle orzecznictwa sądów cywilnych Wolnego Miasta Krakowa (1815–1846)
Disputes among residents of Krakow regarding easements of municipal property (central wall and right to a view). In light of the case law of the civil courts in the Free City of Krakow (1815–1846)

Author(s): Mateusz Mataniak
Subject(s): History, Law, Constitution, Jurisprudence, Modern Age, 19th Century
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Free City of Krakow; Napoleonic Code; civil judiciary; Tribunal of First Instance; Court of Appeal; advocates; easements

Summary/Abstract: The article presents the settlement – in court – of disputes among the residents of Krakow, during the period of the Republic of Krakow (1815–1846), which concerned the easements of municipal property (central wall, right to a view). The introduction shows easements based on Roman rules, their most important divisions (natural, legal and contractual) as well as the ways of using them. Later in the article, there is an analysis of 14 court cases from the Free City of Krakow. The basis for this are the verdicts of the Tribunal of First Instance, the Court of Appeal and the Court of Third Instance, stored in the National Archives in Krakow (Archive of the Free City of Krakow), as well as records from the Jagiellonian University Archives, dedicated to the judicial activities of the Faculty of Law of Jagiellonian University, during the years 1817–1833. The work contains a great deal of information concerning property relations in Krakow. The article represents a contribution to the usage of French law (Napoleonic Code, Code of Civil Procedure ) in Polish land during the first half of the 19th century.

  • Issue Year: 2021
  • Issue No: XXVII
  • Page Range: 11-65
  • Page Count: 55
  • Language: Polish
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