The Tradition and Precedent-based Approach Responsible for the Specificity with which Some Universal Concepts of Private Law are Discussed in the English System

Authors

  • Kazimierz Baran Jagiellonian University (Uniwersytet Jagielloński)
  • Izabela Rudy Jagiellonian University (Uniwersytet Jagielloński)

Keywords:

civil law, legal history, Polish civil law, common law

Abstract

The paper discusses the extent to which it is possible to find the right Polish equivalents of such English concepts as acquisitive prescription (in property law), entitlements of the dependents (in the law of inheritance) and commercial impracticability (in the area of obligations). Although the general idea of the discussed concepts may easily be grasped and smuggled into such Polish institutions as zachowek, zasiedzenie (legitim), and rebus sic stantibus, deeper insight into the description of these concepts in the two legal systems discloses many differences in detail.

References

Dworkin T.M., Barnes A.J., Richards E.L., Essentials of Business Law and the Regulatory Environment, Richmond D. Irwin Inc. 1995.

Marsh S.B., Soulsby J., Outlines of English Law, London 1987.

The Polish Civil Code, gen. ed. D. Kierzkowska, Warsaw 1997.

Walker D.M., The Oxford Companion to Law, Oxford 1980.

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Published

2016-04-15

How to Cite

The Tradition and Precedent-based Approach Responsible for the Specificity with which Some Universal Concepts of Private Law are Discussed in the English System. (2016). Miscellanea Historico-Iuridica, 14(1), 27-32. https://miscellanea.uwb.edu.pl/article/view/171

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