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Beiträge zur Rechtsgeschichte Österreichs
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I. Rechtsgeschichte des Mittelalters und der Frühen Neuzeit
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Verlag der Österreichischen Akademie der Wissenschaften Austrian Academy of Sciences Press
A-1011 Wien, Dr. Ignaz Seipel-Platz 2
Tel. +43-1-515 81/DW 3420, Fax +43-1-515 81/DW 3400 https://verlag.oeaw.ac.at, e-mail: verlag@oeaw.ac.at |
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DATUM, UNTERSCHRIFT / DATE, SIGNATURE
BANK AUSTRIA CREDITANSTALT, WIEN (IBAN AT04 1100 0006 2280 0100, BIC BKAUATWW), DEUTSCHE BANK MÜNCHEN (IBAN DE16 7007 0024 0238 8270 00, BIC DEUTDEDBMUC)
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Beiträge zur Rechtsgeschichte Österreichs 10. Jahrgang Heft 2/2020, pp. 186-193, 2021/05/12
Mittel- und osteuropäische Rechtshistorische Konferenz 2019
Central and Eastern European Legal History Conference 2019
Procedural law was the only branch of old Polish law that was regulated in a more complex manner by an act of parliament in the early modern period, and the law from 1523 remained in force until the partitions of the Polish‐ Lithuanian Commonwealth. The later laws changed or supplemented its rules merely in a fragmentary manner and a new comprehensive law was not issued. The article presents this law in light of court records from the territory of Bielsk. These documents come from the turn of the 16th and 17th centuries. Consequently, the article describes some problems connected with the defendant’s knowledge about citation and legal objections against it, as well as about the rules of evidence. But the most interesting aspect are the court’s judgements concerning the admissibility of an appeal granted by judges contrary to statutory law. The court did not respect the defendants’ written commitments in which they had waived their right to appeal. This article attempts to evaluate the efficiency and effectiveness of these proceedings at the turn of 16th and 17th centuries. Unfortunately, Polish procedural law was full of formalities that delayed adjudication and execution. However, this does not mean that these proceedings had only disadvantages for the overall efficiency of judicial system.
Keywords: court procedure in the Kingdom of Poland – history of Polish law – Old‐Polish procedure law – Polish‐Lithuanian Commonwealth