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Then, in zisliska sixteenth century, attempts were made to replace the custom with a codified land law system. In the sixteenth century, when regular parliaments Sejms began to fully function, the old ius ducalewhich once allowed the monarch to intervene in the substance of customary law, ceased to exist.

Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.

Historia prawa by Katarzyna Sójka-Zielińska

The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved. A Guide in their History ,New York Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections.


Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, The coexistence of the custom and the statute in the Polish legal system is supported by a long-lasting tradition, the role of the custom being not entirely sieliska even today. Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom.

Emphasis is placed on the time period up until the Third Partition of Poland.

Ultimately, during the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned. This tendency is zoeliska evident in penal law, homicide being a prime example.

Two old Polish institutions — life annuity between husband and wife and the securing of a loan by mortgage — exemplify the predominant role of the custom over the statute.

However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament. Grynwaser, Pismavol. The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures.


Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. Originally, Polish law formed a customary system.

: Katarzyna Sojka-Zielinska: Books

Thus, customary and statutory law coexisted in Poland during this time period. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms. Statutory law, on the other hand, was more successful in the area of procedure. However, it is possible to encounter the same tendency as in the aforementioned institutions of private zzieliska penal laws, an example being the old Polish possessory trial.