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Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures.

Historia prawa

Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. Thus, customary and statutory law coexisted in Poland during this time period. Originally, Polish law formed a customary system.

This tendency is particularly evident in penal law, hietoria being a prime example. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms.


Historia prawa by Katarzyna Sójka-Zielińska

zieoiska Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. Two old Polish institutions — life annuity between husband and wife and historiq securing of a loan by mortgage — exemplify the predominant role of the custom over the statute. Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. Emphasis is placed on the time period up until the Third Partition of Poland.

Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.

However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament. Grynwaser, Pismavol.

The coexistence of histlria custom and the statute in the Polish legal system is supported by a long-lasting tradition, the role of the custom being not entirely eliminated even today. Ultimately, during the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned. The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.


However, it is possible to encounter the same tendency as in the aforementioned institutions of private ptawa penal laws, an example being the old Polish possessory trial. In the sixteenth century, when regular parliaments Sejms began to fully function, the old ius ducalewhich once allowed the monarch to intervene in the substance of customary law, ceased to exist.

A Guide in their History ,New York Statutory law, on the other hand, was more successful in the area of procedure.