Stosowanie norm francuskiego Kodeksu handlowego w Księstwie Warszawskim, konstytucyjnym Królestwie Polskim i Rzeczypospolitej Krakowskiej w świetle aktów notarialnych

Author(s): Anna Klimaszewska,Michał Gałędek / Language(s): Polish Issue: 1/2016

The French Code de commerce was adopted in the Polish territories in 1809 and remained formally binding for over 120 years. It was nonetheless transferred from post-revolutionary France into a feudal reality, where no commercial code had been in place before, without the necessary preparatory works, implementation of the legislation accompanyingthe Code de commerce or even an offi cial translation. Moreover, legal scholars paid scarceattention to it in the first decades. Taken together, all these factors aff ected its application. Being a contribution to the complex study of the issue, the present publication examinesselected notarial deeds documenting individual commercial transactions to show how the process of practical implementation of the norms of French Commercial Code developed in the Polish territories.

Baza źródłowa do badań nad administracją pośredniego szczebla w Królestwie Polskim do 1866 roku

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2016

The research on district (county) administration in 1816–66 requires aggregation of archivalmaterials. There are digital databases and traditional educational inventories availableto researchers. Researches are also welcome to make use of digital libraries that containmany printed sources. The main sources database for the research on the intermediate level of administrationare district and county files kept in State Archives. The operation of commission ersdelegated to districts (1816–42) and counties (1843–1866) is sufficiently documented in 32 sets of files. The query can by extended to cover regional (voivodship, and aft er 1837– governorship) and governmental files. As the volume and variety of archival material isimpressive, it is worthwhile to stage the queries. Any conclusions and detailed evaluationwill only be possible after a large share of the files have been investigated.

Akt o Formie rządów z 1919 roku – pierwsza konstytucja niepodległej Finlandii

Author(s): Dawid Michalski / Language(s): Polish Issue: 1/2016

The study is an attempt to describe and analyse the first constitutional act of independent Finland. The Constitution Act of 1919 defined the Finnish political system. Although it was an object of ideological arguments (monarchist vs. republican tradition), its provisions,and especially the strong position of the president as an executive power with legislative competences, resulted from a compromise. Despite that, the classical division into three powers was introduced into the Finnish political and legal system. The act was not ideal, yet at that stage in the history of Finland it was an expected resultof a compromise with strong constitutional foundation for the political and legal progressof a developing country.

Zasady przyuczania do zawodu przemysłowca w świetle regulacji prawnych zawartych w prawie przemysłowym z 1927 roku

Author(s): Sebastian Kwiecień / Language(s): Polish Issue: 1/2016

Strong development of labour law was characteristic of the period between the two world wars in Poland. Its provisions for the first time provided protection to employees,also the ones who need such assistance most, that is minors in vocational training. The Industrial Law regulation of 1927 contained a separate chapter with regulations concerning training in industry, guaranteeing employer fairness and remuneration for the work performed by the trainees. The legal relationship between the trainees and the employer was based on a contract defining mutual obligations of the parties. Should the contractual clauses be violated, the parties had the right to claim damages in accordance with the principles defined in the liabilities code. Once the period of training was over, the trainee was issued an appropriate certifi cate corroborating the time of training and providinggrounds for applying to work already as a skilled labourer. While learning, trainees were covered by special protection both by industrial authorities and industrial societies, as the latter took over the duties resulting from the provisions of industrial law in circumstances defined in the act.

Użyteczność historii prawa dla współczesnego wymiaru sprawiedliwości

Author(s): Anna Moszyńska,Zbigniew Naworski / Language(s): Polish Issue: 1/2014

The article discusses two aspects of utility of subjects that investigate history of law for students of law. At the same time, it is a particular answer to the concepts supported by the Ministry of Higher Education, which found the “occupationalisation” of master degree studies the main goal of the revolutionary reforms introduced in higher education, which is to be accompanied by marginalisation of all the subjects that do not lie within the scope of the concept, and therefore also subjects related to the history of law. The first of the discussed aspects is of a general nature and concerns the use of the subjects in question for the general education of a graduate of any course, and especially courses concerning social studies and humanities. Lawyers have always been, and (still) are the intellectual elite of the country. With the inadequacy of secondary education and its poor level, lack of knowledge of history of law in future lawyers will certainly be a symptom of a falling level of culture in this occupational group. The authors juxtapose here the Anglo-Saxon model of education to the Continental one, strongly favouring the first. The other aspect concerns the presentation of specific examples of judgements by contemporary courts, where the knowledge from the realm of history of law is necessary for appropriate judgement. The first of examples concerns a mass phenomenon of reactivation of pre-war companies, not to have them resume their activity, but to acquire damages for their assets, nationalised in the days of the People’s Republic of Poland. A flagship example is the company operating under the name S.A. Giesche in Katowice. Adjudication of such disputes without the knowledge of pre-war acts of law and decrees from the early post-war years, is impossible. The second case concerns a broadly publicised question of the State Treasury purchasing the right to abandoned estates on the grounds of the Napoleonic Code (a case in which the Supreme Court has already ruled no fewer than three times). The third case is related to a recent judgement of the Supreme Court, which finally adjudicated a long dispute concerning which regulation from the Civil Code actually regulates the question of flooding the flats of a neighbour on the floor below; where the court provided extensive historical justification, while pointing to the argument supporting its decision. In the fourth case, in its ruling, the court quoted the German BGB of 1896, and in the fifth – the 10th volume of the First Collection of Laws for the Russian Empire.

Typologia aktów prawnych dla miast w dobie jagiellońskiej – przydatność funkcjonalnego podziału aktów prawnych do badań nad kierunkami polityki królewskiej

Author(s): Maciej Mikuła / Language(s): Polish Issue: 1/2013

The author discussed the division of acts of law, accounting for the functional criterion. The acts of law include: 1) legislative acts, 2) acts embodying the rights and duties of cities and citizens, 3) guarantee acts, ensuring the application of the laws from the two previous groups. It is material that a division is made between the acts of special law (privileges: lex specialis) and acts of common law. The functional division of acts of law makes it possible to point at links between the normative acts that establish general law, special effects of law that invalidated special rights of specific groups, and also the acts embodying the law and guarantee acts.

Panny, mężatki i wdowy przed sądem pokoju: prawo a praktyka w Królestwie Polskim na przykładzie akt sądów pokoju okręgu łęczyckiego, zgierskiego i łódzkiego

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2013

The capacity of women to be a party in civil cases was limited in various ways. Only maidens of age and widows could freely be a party (in various functions) in court proceedings. On the other hand, the law provided strict limitations for married women. The wife took action before the court assisted by her husband. It was otherwise in criminal cases. Here women acted independently as suing parties, witnesses, and defendants. The files of justices of the peace, conciliatory courts, and the police corroborate that these principles were respected in practice.

Służba leśna Wolnego Miasta Krakowa (1815–1846). Organizacja i formy działalności. Część I: Lasy państwowe i prywatne, personalia i finanse, zwalczanie przestępstw leśnych

Author(s): Mateusz Mataniak / Language(s): Polish Issue: 1/2017

The article presents some organizational principles of the Forestry Unit in the Free City of Krakow (1815–1846) as well as first years of its incorporation to Austria (1846–1853). A forestall administration list of persons was retrieved (governmental district forester, inspectors of governmental and private forests, forest guards and foresters) and principles of its funding from the budget of the Free City of Krakow (including the amount of foresters’ remunerations) were discussed in detail. Eventually, the importance of forest economy earnings to State Treasury was presented as well as a division of forests into state (treasury) and private ones. The principles of fighting incidents which posed a threat to forestall substances in the form of infringements of approved economic planning (logging) and illegal deforestation and fires were shown separately. The article is based on rich records of archives coming from the National Archives in Krakow.

Koncepcje postępowania sądowoadministracyjnego w okresie funkcjonowania Rządu Tymczasowego Rosji

Author(s): Michał Patryk Sadłowski / Language(s): Polish Issue: 1/2017

This article presents the tradition and process of shaping the administrative judiciary before 1917 in the Imperial Russia and the reform of the Provisional Government of 30 May 1917, which introduced independent administrative courts in that country. According to this regulation, the administrative judiciary in democratic Russia was to be tri-state, which meant that it would be performed by administrative judges in the ujezd, the departments of the administrative courts of the district courts in the provinces or vicissitudes and finally by the Ruling Senate. The speed with which new courts were introduced was motivated by the fact that the reforms of local self-government bodies and the elections to them were legally protected by new courts. However, the breakup of the state and the Bolshevik revolution made it impossible to apply the new regulations in practice.

O ułatwieniach w dostępie do źródeł archiwalnych dotyczących prawa sądowego w Królestwie Polskim

Author(s): Dorota Wiśniewska / Language(s): Polish Issue: 1/2017

Recently in Poland, there have been conducted activities promoting research work conducted by legal historians. They include digitizing and making archival sources available in digital form. First and foremost, digital copies of civil registry files, record books, files of administrative bodies and family archives are made. For any researcher dealing with the law of the Kingdom of Poland, the digitalization of files of central administration bodies, acts of territorial administration bodies, civil status records and notarial deeds is of utmost importance. Digital copies of archives are, among others, available on the Internet. This is a great convenience for legal historians: it not only shortens the time of reaching sources and allows one to read their content, but also contributes to a significant reduction in the cost of running a source query, due to the lack of the necessity to go to the archive. Making digital copies available on various websites is very time-consuming and it requires considerable financial resources, but allows one to conduct source queries on an unprecedented scale. It is an invaluable support for legal historians and can contribute to the development of this scientific discipline.

Prawo lubeckie w miastach pruskich (XIII–XVI w.). Stan badań, źródła i perspektywy badawcze

Author(s): Paweł Mateusz Modrzyński / Language(s): Polish Issue: 1/2017

The article deals with the issue of Lubeck law applied in Prussian cities during the Middle Ages and the Renaissance period. It presents the current state of research on court law. Existing and lost sources of Lubeck’s law were mentioned. The article also points out the deficiencies in the field of judicial law and source studies. The paper also outlined research perspectives. From the research perspectives, studies on the content of these sources seem to be very promising. They can help in researching the everyday life of townspeople, their mentality and problems completely neglected by literature, including fire and construction regulations and specific legal issues (including penal systems).

Na marginesie edycji miejskich ksiąg kryminalnych. Prawo pisane i dzieła prawnicze w praktyce sądu krakowskiego i dobczyckiego

Author(s): Maciej Mikuła / Language(s): Polish Issue: 1/2017

Four volumes of sources were published in the recent few years in the series „Fontes Iuris Polonici”. Three of them are Cracow criminal records from 1554–1615, 1589–1604, 1630–1633 and 1679–1690, which were edited by a research group (Wacław Uruszczak, Maciej Mikuła, Krzysztof Fokt, Anna Karabowicz). Another volume includes a criminal court records of Dobczyce (1699–1737), prepared and edited by M. Mikuła. Edited records deliver a valuable information about legal sources, which were in use in legal practice. There were applicate by courts, also by parties (plaintiffs and defendants and their plenipotentiaries). These evidences strengthen a hypothesis of using several written law sources in a legal practice. The pages of the edited sources include links to works of Jodok Damhouder, Andrzej Lipski, Bartłomiej Groicki, Paweł Szczerbic and Mikołaj Jaskier.

Droga do zawodu sędziego w Księstwie Warszawskim

Author(s): Paweł Cichoń / Language(s): Polish Issue: 1/2012

The study presents a path one needed to follow to embark on a career of a judge in the judiciary system of the Duchy of Warsaw. The author presents the process of academic education of candidates for judges, and describes the process of acquiring practical skills, and examination principles and procedures.

Nauczanie prawa w polskim ośrodku w Craiovej w Rumunii. Studium Prawa i Administracji (1944–1945)

Author(s): Magdalena Pyter / Language(s): Polish Issue: 1/2018

The article is bringing up issues of the organization and functioning of the School of the Law and of Administration. It acted in 1944–1945 years in the Craiova town in Romania. The school was the institution independent of the educational system. It didn’t become part of neither the system of the common education, nor the higher education system. Thus determining its status is also difficult. In saved documents it is treated in a similar way to the higher education however this had no grounds. There is no doubt that it was organized for Polish nationals staying in Romania, in the aim of integration of this environment. The American Committee of the Help to Poles was the founding and financing body of the School of the Law and Administration. Organizationally classes were divided in two semesters. Founders of this educational establishment predicted, that after the completion of World War II, listeners trained in different fields of the law, will return to the country. They were supposed to constitute the group of people trained in bases of the law, which could take up work as clerks. The difficult political situation caused, that after one year the activity of the school had been finished and plans of organisers thwarted.

Orzecznictwo austriackiego Trybunału Państwa w ocenie polskiej nauki prawa (XIX/XX w.)

Author(s): Andrzej Dziadzio / Language(s): Polish Issue: 1/2007

Zapobieganie i zwalczanie chorób zakaźnych w Łodzi w latach 1915-1918 w świetle regulacji normatywnych niemieckich cywilnych władz okupacyjnych

Author(s): Adam Kulesza / Language(s): Polish Issue: 1/2007

Działania łódzkiego Urzędu Bezpieczeństwa wobec Piotra Kosobudzkiego, żołnierza Narodowych Sił Zbrojnych i Pogotowia Akcji Specjalnej

Author(s): Andrzej Szymański / Language(s): Polish Issue: 1/2019

The paper describes the legal procedure against Piotr Kosobudzki, one of the Cursed Soldiers, the distinguished commander, the member of the National Armed Forces and of the Emergency Task Forces. Kosobudzki after the Soviets entered Poland in 1944 was arrested and then handcuffed jumped out of the driving train and was hiding for almost three years, then he was again arrested by the Secret Police. Illegally imprisoned Kosobudzki was eventually released because the family of his wife paid to the Polish Secret Police a bribe in the amount of 50 thousand zlotys. In the paper, the contents of some archive documents concerning this case were presented and an attempt to evaluate it legally was made.

Zmiany prawnoustrojowe w „napoleońskim” Krakowie w latach 1809–1815

Author(s): Paweł Cichoń / Language(s): Polish Issue: 1/2021

The article presents the systemic and legal changes introduced in Kraków during its affiliation to the Duchy of Warsaw (1809–1815). At that time, Kraków belonged to the “Napoleonic” Europe. The article describes changes in the official name, status and administrative division of Kraków, changes in the administration and judiciary, which also directly affected Kraków, and resulted from the introduction of legal solutions in the Duchy of Warsaw, based on French standards. The legal status of the Jewish population living in Kraków at that time was also presented. At the end, the legal, political and social consequences of Kraków’s membership in the Duchy of Warsaw were indicated.

The Numerical Scoring Analysis Predecessors

Author(s): Tuvya T. Amsel / Language(s): English Issue: 1 (57)/2023

In polygraph history, Cleve Backster’s “numerical scoring chart analysis” is considered as revolutionizing the manner of polygraph charts analysis. Yet, earlier history of chart analysis, as being reviewed in this publication, lead to the conclusion that the “numerical scoring chart analysis” was more evolutionary rather than revolutionary.

Investigating Feminicide in Mexico. The Conversation Management Approach proposal

Author(s): Eduardo Pérez Campos Mayoral,Ray H. Bull,Eric Shepherd,Eduardo Pérez Campos / Language(s): English Issue: 1 (57)/2023

In Latin America, the investigative interview is still in its beginnings. Currently, most public and private investigators use interview and interrogation techniques aimed at obtaining admission or confession, instead of applying Investigative Interview techniques focused on information gathering. This document provides an overview of the Conversation Management Approach. This is an investigative interview technique used to interview uncooperative criminal suspects, such as those accused of feminicide. An example of how to apply the technique in a case of feminicide is shown, to serve as a guide to good practices. This technique consists of three phases that must be considered when administering and applying the interview. In the first, the behavior before the interview is reviewed, in which the planning and preparation of the interview was carried out. The second phase is the interview to elicit information, which consists of a variety of questioning style techniques, explanation of procedures and instructions to follow, rapport building, and clarifi cation of information. The third phase is called the post-interview phase, which consists of closing and evaluating the entire interview process. The objective of this work is to provide Latin American interviewers with information on the best practices in investigative interviews used in other countries, to raise their aware of the need for training in this area. The correct application of investigative interview techniques is essential to investigate crime, and training of interviewers in this type of technique is necessary to improve the results obtained through interviews.