INFLUENCE OF ROMAN LAW ON THE FORMATION OF THE POLISH LEGAL SYSTEM: HISTORICAL AND LEGAL ASPECTS

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INFLUENCE OF ROMAN LAW ON THE FORMATION OF THE POLISH LEGAL SYSTEM: HISTORICAL AND LEGAL ASPECTS

Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue

Abstract

The article is devoted to theoretical and legal study of the concept and the content of the reception of law. The author also investigated reception of Roman law in the Polish legal system and its harmonization in accordance with the peculiarities of the legal system. Analysis of the legal system of Poland and the influence of Roman rules of law are of particular importance because this country is a close neighbor of Ukraine and a possible guide of the European integration process that is actively promoted in the national legal framework. Analysing the influence of Roman law on the national law of the countries the following groups can be determined: 1) countries with direct reception of rules of Roman law: Italy, southern France and Spain; 2) countries with a strong influence of Roman law: Germany, Austria, the Netherlands; 3) countries with limited reception of Roman law, which is done by borrowing ideas and rules of Roman law not directly from primary sources, but through those systems where the reception was held before: Northern France, Poland, Hungary, Ukraine, Russia; 4) countries that did not experience significant influence of Roman Law: England and Ireland. In modern legal system influence of Roman law is particularly noticeable in individual, contractual, property rights and civil proceedings. The centuries-old history of learning and teaching of Roman law acquired the greatest relevance today, especially since many of the institutions of the Roman public and private law adapted to the legislation of a number of European civilizations. In our view, Poland has not received direct influence of Roman law, but it has had a significant influence on the formation of a modern legal system. The elements of the Canon and Roman law are beginning to penetrate the civil-law system in the XII – XIII centuries. Reception of Roman law at the level of the legal system was carried out several times, usually through the regulations of other countries. In the XVIII century Poland loses its independence and its legal system is influenced by the Austrian, German and Russian law. XIX century is characterized by enforcement of the law of occupiers, namely the Austrian Civil Code of 1811, German Civil Code, in addition there was the borrowing of the French legislation, namely the so-called Napoleonic Code that came into force on May 1, 1808. The introduction of the Napoleonic Code in the Polish lands is appreciated in the Polish historical and legal literature, and it is believed that the Code has contributed significantly to the development of Polish civil law. The peculiarity of the reception of Roman law is that it was subjected to a multi-layer processing at the level of legal science, and now being a university subject Roman law is a permanent component of legal education. Having formed on the basis of its own customary and Roman private law, Polish law did not have a historic opportunity to develop consistently in the framework of an independent national legal system and has become an example of an integration entity through a combination of national law and other elements, among which Roman law occupies an important place.

Authors and Affiliations

Н. А. Бондар

Keywords

EP ID EP443957
DOI -
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