Private, Criminal and Procedural Law Until the Fall of the Ancient Polish Republic

Private, Criminal and Procedural Law Until the Fall of the Ancient Polish Republic

Europe

These rights developed, making use of elements taken from ancient Slavic law and thus demonstrate, for a long period of time, strong similarities in particular with Bohemian and Ruthenian rights. The private law Polish was originally based on the principle of ownership of the race, although the so-called zadruga (home and shared household production), existing at the Southern Slavs, appeared in Poland only in exceptional circumstances. Individual property, although already developed in the Middle Ages, was bound by the prohibition of alienating the property of the lineage. Relatives were granted the right of proximity (ius proximitatis): they could repossess the real estate of the lineage, which had been alienated, on the basis of the ius retractus (abolished only in 1768). Although already in the century. XIII appears the will, inherited goods could not be linked. In family law, women and children were highly subordinate to the authority of the father or husband. Marriage law, as regards the regime of property, was based on the principle that the bride’s family constituted a dowry in money to the husband, and the latter guaranteed this sum on half of their real estate assets, and at the same time, guaranteed another of equal entity, as dotalitium ; in the event of her husband’s death, the widow kept these real estate as a widow’s allowance (reformatio), except in the case that it passed to other marriages. In more recent times, the spouses used to usually stipulate a reciprocal annuity to each other. The right over things, and that of obligations – had a character of agrarian law; the law of obligations was underdeveloped, the circulation of goods made difficult, transactions concerning real estate had to be made with the sovereign or with the court; later they were entered in the registers of the courts.¬†For Poland 2003, please check computerannals.com.

In criminal law the principle of self-defense was preserved for a long time, which appears mainly in the case of murder, in the form of bloody revenge, carried out by the family to which the murdered belonged on the killer’s family (collective responsibility, responsibility of the lineage). From the century XIV onwards this principle was limited by the state, but, until the century. XVI we find some leftovers, which however carry the character of individualized revenge. Originally the family was also responsible for public crimes; this responsibility was limited by Casimir the Great, but for some crimes it remained in use until the end of the century. XVIII (in cases of treason, crimen laesae maiestatis). Territorial collective responsibility was also known (the so-called “vicinia, cities, villages). Only from the century XV the concept of subjective guilt develops. In the very early days, the penalty was established according to the law of retaliation. From the century XII onwards, the principle of compositions (pecuniary penalties) takes its place. Starting from the end of the century. XV, the penalties began to be exacerbated, the penalty of the tower (prison) was introduced, but it never reached the point of extending the penalties according to the theory of intimidation (with the exception of the cities, where, under the influence of German, in force there, the latter theory was applied). Already in the century. XVI there are attempts to amend the offender; the theory of the amendment acts in the century. XVIII, under the influence of C. Beccaria and G. Filangieri. Polish criminal law, based on few legislative prescriptions,

The procedural law has also developed starting from elements of ancient Slavic law and only starting from the century. XIII there are influences of canon law. Until the end of the century. XIV the trial ended with the sentence and the execution of it was incumbent on the plaintiff. The execution by the state only took hold in the 10th century. XV. The process was codified through the Formula processus iudicarii of the year 1523, and on this Formulait was based thereafter. The process was public and oral (the quotation only from the 14th century onwards had to be written in writing, if it was a question of the landed nobility). The formalistic structure, originally quite developed, weakened in the more recent epoch. Originally the process was unique, both for civil and criminal cases; the penal process was somewhat different only in certain minute details. The accusatory principle was also in force in the criminal trial; official education only embraced the most important crimes. What proofs were needed in judgment: the judgments of God up to the beginning of the century. XIV (duellum, aquae calidae, aquae frigidae, examen fari), the oath and witnesses, documents and registers (the latter mainly in the modern era). The appeal was introduced in the year 1523.

Private, Criminal and Procedural Law Until the Fall of the Ancient Polish Republic