ACQUISITION OF POSSESSION BY OCCUPATIO OF NATURAL BENEFITS OF LAND AND ANIMAL
PRODUCTS ACCORDING TO LEON PINIŃSKI’S THEORY. PART 3 Cover Image

NABYCIE PRZEZ OCCUPATIO POSIADANIA POŻYTKÓW NATURALNYCH ZIEMI I PRODUKTÓW ZWIERZĄT WEDŁUG TEORII LEONA PINIŃSKIEGO. CZĘŚĆ 3
ACQUISITION OF POSSESSION BY OCCUPATIO OF NATURAL BENEFITS OF LAND AND ANIMAL PRODUCTS ACCORDING TO LEON PINIŃSKI’S THEORY. PART 3

Author(s): Dagmara Skrzywanek-Jaworska
Subject(s): Civil Law, Roman law
Published by: Łódzkie Towarzystwo Naukowe
Keywords: Leon Piniński; Roman law studies in Poland; Pandectists; acquisition of possession; occupation;

Summary/Abstract: Background: The aim of article is explore the acquisition of possession of the natural benefits ofthe land (Besitzerwerb an Feldfrüchten) and animal products (Besitzerwerb an Thierprodukten)according to the Leon Piniński’s possessio theory. This is the latest in a series of articles devotedto the considerations of the Polish Romanist on the acquisition of possession of movable thingsby occupatio.Research purpose: One research purpose is to understand the concept of possessio developedby Piniński in terms of the economic connection between man and a thing. The other researchpurpose is to characterize the scientific profile of the Polish Romanist against the background ofthe activity of the Pandectists and other representatives of German-speaking legal scholarship.Methods: The article uses the historical and legal method.Conclusions: The conclusions of the two preceding articles remain valid. They may besupplemented by a general proposal. Pininski’s scholarly activity against the backdrop of 19thcentury German-speaking legal science, which was dominated by Pandectists, deserves theattention not only of Roman law studies, but also of the dogmatists of the law in force. The author,whose work is appreciated and quoted in European literature, remains almost unnoticed in Polishdoctrine. But any alternative theory on which the system of the law in force is based – in this casethe possessio theory – is still a source of scientific inspiration, not just for the legal historian.

  • Issue Year: 2023
  • Issue No: 129
  • Page Range: 23-40
  • Page Count: 18
  • Language: Polish