Pub Date : 2022-09-29DOI: 10.4467/20844131ks.22.024.16172
Paweł Wiązek
The author endeavored to enliven the universal discourse on the perfect system of government applicable to human society, which to many luminaries constitutes a certain paradigm of the science on the state and the law. While adopting a classical, chronological convention of the narrative herein commenced, the author made the time of Antiquity the point of departure, selected the Enlightenment as a form of a modern counterpoint thereto, and then finalized the deliberations carried out here against the reality of contemporary times. The intent of the exploration here was to place the research subject within the interdisciplinary framework, which was undoubtedly supported by the multifaceted nature of the problem at issue and by subsidiary utilization of the advantages of the comparative approach. The intention to present the issue through a broad perspective, transcending the boundaries of academic discourse, was naturally convergent therewith. As a result, the author did not shy from controversy, seeking the purpose of the actions undertaken, thereby in the formation of conclusions on what the applicable law should be. That allowed for the presentation of numerous remarks, assessments, and opinions, among which at least some may be deemed disputatious or plainly speaking, highly debatable. The investigator did not attempt to evade those; on the contrary – sought it in complete premeditation.
{"title":"Between Democracy and Ochlocracy in the Context of the Centuries-Old Dispute about the Perfect Form of Government: The Legal Heritage of the Antiquity in View of the Challenges of Modernity","authors":"Paweł Wiązek","doi":"10.4467/20844131ks.22.024.16172","DOIUrl":"https://doi.org/10.4467/20844131ks.22.024.16172","url":null,"abstract":"The author endeavored to enliven the universal discourse on the perfect system of government applicable to human society, which to many luminaries constitutes a certain paradigm of the science on the state and the law. While adopting a classical, chronological convention of the narrative herein commenced, the author made the time of Antiquity the point of departure, selected the Enlightenment as a form of a modern counterpoint thereto, and then finalized the deliberations carried out here against the reality of contemporary times. The intent of the exploration here was to place the research subject within the interdisciplinary framework, which was undoubtedly supported by the multifaceted nature of the problem at issue and by subsidiary utilization of the advantages of the comparative approach. The intention to present the issue through a broad perspective, transcending the boundaries of academic discourse, was naturally convergent therewith. As a result, the author did not shy from controversy, seeking the purpose of the actions undertaken, thereby in the formation of conclusions on what the applicable law should be. That allowed for the presentation of numerous remarks, assessments, and opinions, among which at least some may be deemed disputatious or plainly speaking, highly debatable. The investigator did not attempt to evade those; on the contrary – sought it in complete premeditation.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129070636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-29DOI: 10.4467/20844131ks.22.027.16175
Norbert Varga
Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.
{"title":"The Practice of Supervisory Rights in Hungarian Cartel Law with Special Attention to the Duties of the Minister and the Legal Director","authors":"Norbert Varga","doi":"10.4467/20844131ks.22.027.16175","DOIUrl":"https://doi.org/10.4467/20844131ks.22.027.16175","url":null,"abstract":"Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117322985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-29DOI: 10.4467/20844131ks.22.032.16180
A. Švecová, Ingrid Lanczová
{"title":"Chronicle of Scholarly Events in Legal History Held in the Slovak Republic and the Czech Republic in 2021","authors":"A. Švecová, Ingrid Lanczová","doi":"10.4467/20844131ks.22.032.16180","DOIUrl":"https://doi.org/10.4467/20844131ks.22.032.16180","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"271 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123644268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.019.15722
Jakob Maziarz
Jury courts existed in all the partitioning countries, and after 1918 they were to operate in all parts of the reborn Polish state. Their activities were suspended indefinitely in the former Prussian and Russian partitions. Only the former Austrian partition operated until 1938, when the Sanacja authorities liquidated them. Jury courts adjudicated only criminal cases –concerning the most severe crimes and political crimes. Recently, more attention has been devoted to jury courts and the participation of the social factor in the judiciary in Polish science, but so far, no publications in English have appeared on this subject. In the article, the author presents a short description of the jury’s activity in Poland and discusses three hypotheses about the activity of the jury in Polish science.
{"title":"Jury Courts in Interwar Poland","authors":"Jakob Maziarz","doi":"10.4467/20844131ks.22.019.15722","DOIUrl":"https://doi.org/10.4467/20844131ks.22.019.15722","url":null,"abstract":"Jury courts existed in all the partitioning countries, and after 1918 they were to operate in all parts of the reborn Polish state. Their activities were suspended indefinitely in the former Prussian and Russian partitions. Only the former Austrian partition operated until 1938, when the Sanacja authorities liquidated them. Jury courts adjudicated only criminal cases –concerning the most severe crimes and political crimes. Recently, more attention has been devoted to jury courts and the participation of the social factor in the judiciary in Polish science, but so far, no publications in English have appeared on this subject. In the article, the author presents a short description of the jury’s activity in Poland and discusses three hypotheses about the activity of the jury in Polish science.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121202736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.016.15719
M. Pétervári
The First World War and the Trianon Treaty shocked the Hungarian economy. The Hungarian government implemented a payment moratorium from the start of the war, but after a one-year long moratorium, the government wanted to restore the working of the economy. But it desired to avoid the massive bankruptcies of the firms; therefore, a new institution, the compulsory non-bankruptcy settlement was introduced by the government in Hungary for helping the debtors. In my paper, I examine the rearrangement of the insolvency law in the interwar period which was generated by the compulsory nonbankruptcy settlement. This appeared beside the bankruptcy procedure, which regulation was passed by the National Assembly in 1881. It was the second Hungarian bankruptcy act, which remained unchanged until socialism. These two procedures were the significant elements of the insolvency law in the examined period. In my paper, I present the circumstances of the new institution’s introduction, its modification and its relation to the bankruptcy procedure.
{"title":"Changes in the Hungarian Insolvency Law in the Interwar Period","authors":"M. Pétervári","doi":"10.4467/20844131ks.22.016.15719","DOIUrl":"https://doi.org/10.4467/20844131ks.22.016.15719","url":null,"abstract":"The First World War and the Trianon Treaty shocked the Hungarian economy. The Hungarian government implemented a payment moratorium from the start of the war, but after a one-year long moratorium, the government wanted to restore the working of the economy. But it desired to avoid the massive bankruptcies of the firms; therefore, a new institution, the compulsory non-bankruptcy settlement was introduced by the government in Hungary for helping the debtors. In my paper, I examine the rearrangement of the insolvency law in the interwar period which was generated by the compulsory nonbankruptcy settlement. This appeared beside the bankruptcy procedure, which regulation was passed by the National Assembly in 1881. It was the second Hungarian bankruptcy act, which remained unchanged until socialism. These two procedures were the significant elements of the insolvency law in the examined period. In my paper, I present the circumstances of the new institution’s introduction, its modification and its relation to the bankruptcy procedure.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114254403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.022.15725
Miriam Laclavíková, Michal Tomin
The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.
{"title":"Adoption (Successful Unification of Adoption Law in Interwar Czechoslovakia)","authors":"Miriam Laclavíková, Michal Tomin","doi":"10.4467/20844131ks.22.022.15725","DOIUrl":"https://doi.org/10.4467/20844131ks.22.022.15725","url":null,"abstract":"The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132672876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.017.15720
Kristóf Szivós
As a result of the codification of Hungarian civil procedure, the first modern code of civil procedure was enacted in 1911. It was characterised by the principles of orality, immediacy, and publicity. An important question of the legislation was to decide to which extent should the parties be allowed to propose new allegations and proofs in the second instance proceedings. Furthermore, the legislative reforms of the interwar period amended the regulation of the appeal as well. The study examines these questions with the help of the primary sources of the era.
{"title":"The Changes in the Right of Novelty in Hungarian Civil Procedure in the Interwar Period","authors":"Kristóf Szivós","doi":"10.4467/20844131ks.22.017.15720","DOIUrl":"https://doi.org/10.4467/20844131ks.22.017.15720","url":null,"abstract":"As a result of the codification of Hungarian civil procedure, the first modern code of civil procedure was enacted in 1911. It was characterised by the principles of orality, immediacy, and publicity. An important question of the legislation was to decide to which extent should the parties be allowed to propose new allegations and proofs in the second instance proceedings. Furthermore, the legislative reforms of the interwar period amended the regulation of the appeal as well. The study examines these questions with the help of the primary sources of the era.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"9 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134391693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.021.15724
Tomáš Gábriš
The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.
{"title":"Slovak Share in the Unification and Codification Efforts in Interwar Czechoslovakia","authors":"Tomáš Gábriš","doi":"10.4467/20844131ks.22.021.15724","DOIUrl":"https://doi.org/10.4467/20844131ks.22.021.15724","url":null,"abstract":"The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134321949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.020.15723
Krzysztof Bokwa
The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.
{"title":"Liability for Non-material Damage in Hungarian Law in the 19th–20th Centuries in Comparison with Austrian and Polish Codifications","authors":"Krzysztof Bokwa","doi":"10.4467/20844131ks.22.020.15723","DOIUrl":"https://doi.org/10.4467/20844131ks.22.020.15723","url":null,"abstract":"The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129879371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.4467/20844131ks.22.014.15717
Petr Dostalík
This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem i n the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of §1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.
{"title":"Actio de in rem verso. An Unwanted Continuity. The Doctrine of versio in rem in the Austrian Civil Code and Interwar Legal Discussion in Czechoslovakia","authors":"Petr Dostalík","doi":"10.4467/20844131ks.22.014.15717","DOIUrl":"https://doi.org/10.4467/20844131ks.22.014.15717","url":null,"abstract":"This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem i n the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of §1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129193040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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