Instytucja prawa odkupu w polskim kodeksie zobowiązań z 1933 roku

• Autorzy: Stanisław Bogucki

Warianty tytułu

EN

THE INSTITUTION OF THE PURCHASE LAW OF IN THE POLISH CODE OF OBLIGATIONS FROM 1933

• Języki publikacji: PL

Abstrakty

EN

The legal regulations of the Polish code of obligations from 1933 were to a large extent the effect of reaching some earlier legal solutions, in the case of the institution of the purchase law, among other the regulations included in the Napoleon’s Code and a project of a French-Italian code of obligations from 1927. The institution of the law of purchase regulated in the code of obligations also had a significant influence on its shaping in later legal regulations created in Poland after the World War II. The main aim of the author was to pay attention to the institution of the law of purchase in the Polish code of obligations from 1933 as a direct predecessor of this institution which, regulated in a similar way in the Polish civil code from 1964 is currently used in the civil-law circuit. The law of purchase in the civil code from 1964 is thus to a large extent the reflection of this institution from the code of obligations. It derives from the above that the regulations concerning the law of purchase in the code of obligations were of a high factual and technical-legislative quality, if constituted to some extent the basis of solutions accepted in the civil code. In the case of the interpretation of solutions ac- cepted in the code of obligations and those accepted in the civil code similar interpretative prob- lems have still appeared, and similar different opinions were formulated to which the literature created in the period when the code of obligations was biding could be used successively. One may assume that the very work can be not only a food for thought for a lawyer-his- torian, but also a contemporary lawyer-theoretician and lawyer-practitioner. As the author was trying to present, the very institution is connected with many general and specific issues playing a fundamental role for the law of obligations.

Słowa kluczowe

EN

POLISH CODE OF OBLIGATIONS; PURCHASE LAW; CIVIL LAW

• Wydawca: Uniwersytet Śląski
• Czasopismo: Z Dziejów Prawa
• Rocznik: 2012
• Tom: 5(13)
• Strony: 177-209

Twórcy

autor

Stanisław Bogucki