Published: 2022-12-30

An attempt to apply Roman law in the interwar codification of Polish civil law? Ignacy Koschembahr-Łyskowski and his basic concept of the law of obligations

Grzegorz Nancka
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.4.06

Abstract

One of the main codification tasks in interwar Poland was to draft a code of obligations. Numerous partial drafts were drawn up before a final text was adopted. One of these preliminary documents was Ignacy Koschembahr-Łyskowski’s 1925 draft for the regulation of 17 articles. The legal solutions he proposed, their content and the inspiration behind them make up an interesting subject of study. Koschembahr-Łyskowski was a fairly well-known Romanist in the late 19th and early 20th centuries, so it may be interesting to consider the role of Roman law in the creation of his draft. This article seeks to answer the question whether Koschembahr-Łyskowski’s “basic concept of the law of obligations” was an attempt to use Roman law as a source for the interwar codification of Polish law.

Keywords:

Roman law; Ignacy Koschembahr-Łyskowski; the basic concept of the law of obligation; the Polish Code of Obligations.

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Citation rules

Nancka, G. (2022). An attempt to apply Roman law in the interwar codification of Polish civil law? Ignacy Koschembahr-Łyskowski and his basic concept of the law of obligations. Zeszyty Prawnicze, 22(4), 111–134. https://doi.org/10.21697/zp.2022.22.4.06

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