Z badań nad prawem rodzinnym w projekcie kodeksu cywilnego z 1948 r.

Abstract

In February 1947 the Codification Commission was established. The Commission was to prepare the version of Civil Code, based on the existing acts and decrees. The changes in the existing law could be done only exceptionally. There were two persons nominated to prepare the draft of family law as a part of civil code. Jan Witecki and Seweryn Szer prepared the draft in 15 months, so the first reading was concluded in August 1948. The Commission has modified the configuration of proposed draft, which was based on French and Swiss civil laws. There were some important changes in marital law done. The most important of them were connected with the separation – the consequences of separation were regulated. There were important changes in the construction of divorce proposed. The draft was on a good level of legal regulation. In 1949 the works on new code were stopped because of political reasons. The draft was described as “bourgeois” and did not fit to process of stalinisation of Poland.