Potioritas czy subhastacja? Pomiędzy dawnym prawem polskim a prawem francuskim w egzekucji sądowej w Księstwie Warszawskim i Królestwie Polskim
Potioritas or Subhastatio? Between Traditional Polish Law and French Law in Enforcement Proceedings in the Duchy of Warsaw and the Kingdom of Poland

Summary/Abstract: The French code of civil procedure of 1806 that was established in the Duchy of Warsaw in 1808 brought the institution of the sale of immovable property by auction (subhastatio) to the Polish legal system as a principal feature of enforcement proceedings. However, it was widely criticised as contradictory to the Polish traditional law that knew only exdivisione (potioritas). Exdivisione was based on granting the creditor possession of seized land, but without the loss of ownership by the debtor. French rules of enforcement proceedings in the Kingdom of Poland in 1823 were modified while the new institution that referred to exdivisione was introduced, that is, the bidding lease of the immovable property. Nevertheless, the new institution did not replace subhastatio entirely; exdivisione had been present in judiciary practice before, but with no legal ground.

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