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Custom and Statute: A Brief History of Their Coexistence in Poland

This tendency is particularly evident in penal law, homicide being a prime example. However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal laws, an example being the old Polish possessory trial. 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.

Winawer, Najdawniejsze prawo zwyczajowe polskieWarszawa, Originally, Polish law formed a customary system. 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.


A Guide in their History ,New York 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. Abstrakt The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved.

Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms. Thus, customary and statutory law coexisted in Poland during this time period.

Historia prawa – Katarzyna Sójka-Zielińska – Google Books

Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century.

Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. 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. The present paper briefly surveys hlstoria developmental lines along which Polish customary and statutory legal systems have evolved.


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.

Grynwaser, Pismavol. Zielisma law, on the other hand, was more successful in the area of procedure. The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures.