Cywilna jurysdykcja wobec wojskowych w Koronie na przełomie XVI i XVII stulecia

Abstract

We can observe the process of determining the competence of military courts in Poland in the second half of the 16th century. They were competent to decide in all cases in which at least one of the parties was a military man. There were problems with these courts, so Polish noblemen decided to establish new courts for cases in which one party was a soldier and second was civilian (mixed cases). This reforms have been implemented since 1567 and from this time the civil courts could also decide in such cases. Another important aspect is connected with strict liability of commanders for their soldiers. Polish noblemen didn’t want to accept the commanders’ jurisdiction in mixed cases. After 1578, when the supreme Crown Tribunal (Trybunał Koronny) was established, they struggled for giving the competence to this civil court in mixed cases. They succeed in 1593, although even after this date there were political disputes about the competence of civil jurisdiction.