The reception of the French Commercial Code in nineteenth-century Polish territories: a hollow legal shell
AbstractCommercial law as a separate branch of law emerged in the Polish territories upon the introduction of the Napoleonic Commercial Code of 1807. However, this legal act, tailored to French circumstances, firstly regulated institutions that had arisen in France over centuries and, secondly, had been drafted based on a terminological and conceptual network developed over hundreds of years. Thirdly, in France it was complemented by a wealth of judicial decisions, by the output of legal science and successively produced additional legislation. It was just one element in the system regulating French commercial law. This was not the case in the Polish territories. Code de commerce was “cast” upon a feudal, largely customary reality, where no other commercial code had ever been enacted before. Along with the code came new institutions, imposed with no time for their gradual development, as well as a conceptual apparatus that had never before functioned in Polish lands. In her chapter Anna Klimaszewska analyses reactions to the implementation of Code de commerce in nineteenth-century Polish territories in three fundamental dimensions: the legislative (I), that of legal science (ii), and that of the application of law – the practical (iii). Analysis of these aspects makes it possible to better understand whether the French Commercial Code served to modernize Polish reality.
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|Book||Gałędek Michał, Klimaszewska Anna (eds.): Modernisation, national identity and legal instrumentalism: studies in comparative legal history, vol. 1, Private law, Legal History Library, no. 35, 2020, Brill, ISBN 978-90-04-39528-2, [978-90-04-41727-4], 353 p.|
|Score correction||Score increased (at least one author (N) declares Humanities, Social sciences or Theological science)|
|Score||= 75.0, 28-01-2020, MonographChapterAuthor|
|Publication indicators||: 2018 = 0|
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