The origins of the legal regulations of conjugal life estate in codification projects of the second half of the eighteenth century. General outline of the problem Cover Image

Geneza przepisów o dożywociu małżeńskim w projektach kodyfikacyjnych II połowy XVIII w. Zarys problemu
The origins of the legal regulations of conjugal life estate in codification projects of the second half of the eighteenth century. General outline of the problem

Author(s): Marcin Głuszak
Subject(s): Civil Law, Human Rights and Humanitarian Law, Family and social welfare
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: matrimonial property law; advitalitas inter coniuges; life estate; Zamoyski Code; Stanislaw August Code; codification projects; contract forms; widow laws;

Summary/Abstract: Towards the end of the First Republic, attempts were made to comprehensively codify Polish law twice: within the framework of Zamoyski Code and Stanisław August Code. The drafted projects contained, among other issues, the regulation of the institution of conjugal life estate (an agreement between the spouses, granting the widow to remain living in the estate aft er the husband’s death), commonly used in the law of the land. And although the proposals mentioned were not used in practice, they stressed the importance of life contracts in everyday life of the Polish nobility. It is reasonable to examine the detailed provisions gathered in these projects, and the extent to which their authors grasped from the solutions previously known. The source of the provisions of the Code should be found primarily in the old Polish common law. What is more, life sentence forms, compendia and elaboration of land law and foreign law used in court practice, may be beneficial in the research as well.

  • Issue Year: XX/2017
  • Issue No: 1
  • Page Range: 51-60
  • Page Count: 10
  • Language: Polish
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