Czasopismo Prawno-Historyczne, 2011, z. 1

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Browsing Czasopismo Prawno-Historyczne, 2011, z. 1 by Subject "II Rzeczpospolita"

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    Między nominalizmem a waloryzacją- judykatura in statu nascendi II Rzeczypospolitej
    (Wydawnictwo Poznańskie sp. z o.o., 2011-07) Jastrzębski, Robert
    The paper deals with legal issues connected with nominalism and valuation of liabilities. The social, economic and political transformations that were happening in Poland after the First World War had undoubtedly influenced the administration of justice. Despite the abrupt decline in the purchasing power of the Polish zloty, the courts had continued to uphold the principle of nominalism until 1922 when the ruling of the Supreme Court in the case Fliederbaum and Kuhnke supported the valuation principle, although within limits delineated between the nominal value of the monetary payment and its equivalent value in gold, i.e. an amount equal to the value in gold of the liability at the time when it was taken on. Thus, the Supreme Court left the adjudication upon the level of valuation to the discretion of relevant courts. That ruling had also a substantial impact on the judicature and law-making of other states, such as Germany, Austria or Hungary, which were faced with similar problems. Fryderyk Zoll’s gloss to the ruling was of much significance as well, as it became the basis for the subsequent regulation of the valuation principle finally enacted on 14 May 1924 by a decree on the conversion of private-public liabilities, later referred to as lex Zoll. What is noteworthy is also the fact that the codification of the Polish law of obligations made in the ‘30s of the 20th century, took into account the solution of the judicature adopted during the inflation period. As a result, Article 269 of the Polish Code of Obligations of 27 October 1933 contained the rebus sic stantibus clause.
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    Zawód sędziego w Polsce w latach 1918-1939
    (Wydawnictwo Poznańskie sp. z o.o., 2011-07) Materniak-Pawłowska, Małgorzata
    In the interwar period 1918-1939 the profession of a judge was subject to constant transformations being a result of numerous amendments to the legal regulations governing that profession. First, until 1928, the foreign laws that earlier governed in the partitioned territories of Poland had continued to apply, with only some minor modifications implemented by the Polish legislature. Later on, from 1 January 1929 and until the outbreak of the Second World War in 1939 all issues pertaining to the judicial profession were subject to common judicature uniformly applied throughout the whole country. The independence of judges was one of the main principles inherent to the profession, guaranteed by the principles providing that judges were to be appointed and when in office not subject to removal, suspension or transfer, and the office of the judge was separate and distinct from all others. During the interwar period those principles underwent certain albeit moderate modifications, especially with regard to the conduct of the traineeship, while the unification of the structure of the courts opened up the position of a judge to women, earlier unavailable to them. All those legal regulations provided for rights and duties of a judge, of which the most important rights were: the right to remuneration for the work performed, the right to retirement and pension, and the right to an annual leave. The duties, on the other hand, included: impartiality of opinion, protection of the authority of the court and avoidance of situations and any other circumstances that could be detrimental to court’s authority, the confidentiality duty and many others. Judges who additionally performed managerial functions had a special scope of duties. There were also disciplinary measures and each judge bore disciplinary liability as well. The 2nd Republic of Poland suffered from a major deficit of lawyers adequately qualified to take up a position of a judge. Consequently, those who were already appointed judges, were overloaded with work, being at the same time underpaid. Another difficulty and big problem was insufficient office space to secure proper working conditions of the judges.