The French Civil Code in the Free City of Cracow (1815–1846)

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This book is a summary of the extensive research by the co-authors on the validity and application of the 1804 French Civil Code in the Free City of Cracow (1815-1846), the Polish constitutional city-state established at the Congress of Vienna. From the wealth of case-law and legal practice of the Cracovian Republic emerges a picture in which its inhabitants were consciously and consistently building the structure of a modern state. As far as was possible amid the realities of post-feudal society, this state was already based on the rule of law. One of the basic elements of this legal structure was precisely the Napoleonic Code, which established the framework for the private law of the Free City, and made it a very small, but important, part of European legal heritage.
Copyright Year:
2025
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978-90-04-68874-2
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07 Apr 2025
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978-90-04-68873-5
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17 Apr 2025
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About MyBook
Andrzej Dziadzio, Ph.D. (1994), Jagiellonian University, is Professor at the Law Faculty of that university, specialising in the constitutional and legal history of the Habsburg monarchy and Poland in the 18th and 19th century.

Mateusz Mataniak, Ph.D. (2014), Jagiellonian University, is Senior Researcher at the Law Faculty of that university, specialising in the constitutional and legal history of the Free City of Cracow and the judiciary in Poland.

Piotr Michalik, Ph.D. (2010), Jagiellonian University, is Senior Lecturer at the Law Faculty of that university and an attorney. He specialises in the constitutional and legal history of the Free City of Cracow and modern England.


6 Servitudes, Expropriations and Possessory Protection
 1 Servitudes
 1.1 General Remarks

 1.2 An Analysis of Cases Concerning Servitudes

 1.3 Conclusions


 2 Expropriations
 2.1 General Remarks

 2.2 The Expropriation Act of the Free City of Cracow of 1821

 2.3 Construction of the Cracow-Silesia Railway Line

 2.4 The Delineation of the Route to the Podgórze Bridge

 2.5 Other Cases and Conclusions


 3 Possessory Protection
 3.1 General Remarks

 3.2 Examples of Cases Concerning Possessory Protection


7 The Form of Contracts
 1 Pacta sunt servanda and Freedom of Contract of the Code Civil in the Case Law of Cracow’s Courts

 2 The Form of a Contract for Evidentiary Purposes in French Law and in Cracow’s Case Law

 3 The Evidentiary Procedure of the Code Civil in the Practice of Cracow’s Courts

 4 Conclusion


8 Inheritance
 1 Introduction

 2 Order of ab intestato Succession

 3 The Rights of Compulsory Heirs – The System of Reserve

 4 Testamentary Legacies

 5 Inherited Debts

 6 Law and Justice

 7 Heirless Estates

 8 The Protection of the Succession Rights of the Catholic Church

 9 Conclusion


Conclusion

Bibliography

Index

This volume will be of particular relevance to anyone interested in constitutional and legal history, social history, the history of the family, and Jewish studies.
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