Varia: O braku unifikacji prawa kolizyjnego w okresie obowiązywania w II Rzeczypospolitej ustawy prawo prywatne międzynarodowe z 1926 roku...
Varia: About the lack of unification of conflict rules during validity of The Private International Law Act 1926 in Second Republic of Poland in...
Author(s): Paweł CzubikSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: district law; the Polish law in the interwar period; the unification of law; a form of legal action
Summary/Abstract: Although private international law was one of the first areas of civil law codified after Poland regained its independence in 1918 (the relevant law was established in 1926), as the result of random legislative action taken in 1928, which granted acts of lower order the rank of statutory acts, there has been a breakdown of the uniform conflict rules on the entire Polish territory. As a result, in Eastern districts (where Russian civil law where in force), the special provisions of mortgages, including its own rules regarding the form of action, significantly differed from the provisions of the Act of 1926, were binding. Paradoxically, only after the Second World War unification of private international law standards were restored. The eastern districts characterized by specific law in this field have been annexed by the Soviet Union, and Polish provisions on mortgage were no longer valid. Within the area remaining under the jurisdiction of the communist Poland, the rules of private international law of 1926, were at force till 1965.
Journal: Problemy Prawa Prywatnego Międzynarodowego
- Issue Year: 2013
- Issue No: 13
- Page Range: 199-206
- Page Count: 8
- Language: Polish