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The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures.

Historia prawa

Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century.

This tendency is particularly evident in penal law, homicide being a prime example.

Statutory law, on the other hand, was more ziliska in the area of procedure. Emphasis is placed on the time period up until the Third Partition of Poland.


Originally, Polish law formed a customary system. The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.

: Katarzyna Sojka-Zielinska: Books

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.

Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. 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. Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. Grynwaser, Pismavol.

Thus, customary and statutory law coexisted in Poland during this time period. Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory historiz systems have evolved.

A Guide in their Historoa ,New York 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 eliminated even today. Ultimately, hisroria the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms.


Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal zielieka, an example being the old Polish possessory trial.

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.