Polemika Leona Pinińskiego na temat corpus possessionis z wybranymi przedstawicielami XIX-wiecznej nauki prawa
Leon Pininski’s discussion on corpus possessionis with selected representatives on the XIXth century legal science

Summary/Abstract: Background: The XIXth century was a time of intense discussion on possessio, conducted by the most eminent representatives of the European, mainly German, legal science. The original and positively assessed contribution of Polish legal thought to this polemic was the two-volume work by Leon Piniński, entitled Der Thatbestand des Sachbesitzerwerbs nach gemeinem Recht.Research purpose: The aim of the article is to present the theoretical and critical considerations of L. Piniński on corpus possessionis, which were included in the introduction to the first chapter of the monograph, devoted to the acquisition of possession by occupatio. The author conducted them in the form of a polemic with the views of selected representatives of the XIXth century doctrine, including F.C. von Savigny, B. Windscheid, A. Randa and R. von Jhering. Methods: The article uses the historical and legal method. Conclusions: The theoretical discussion of L. Piniński with the views of selected representatives of legal science on corpus possessionis is only of historical nature today. Nevertheless, one should appreciate the excellent workshop of the Polish Romanist, his great knowledge of the views on possessio that were current at that time, as well as logical, insightful, and substantive argumen-tation. These results arouse scientific curiosity for the author’s concept of possession, also in the context of interpretating Roman legal sources.

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