Rosyjska procedura cywilna w pracach sekcji postępowania cywilnego Komisji Kodyfikacyjnej II RP na przykładzie projektu "Tytułu o dowodach" J. J. Litauera

Abstract

The Russian legislation on civil proceedings, introduced as a result of jurisdiction reform in Kingdom of Poland reconstructed by the Congress in Vienna in 1815 realized in the half of 1867, aimed at Russificating people. It rejected the majority of principles on the evidence included in French regulations in Napoleon Code and French civil proceeding perceived as their own law. The French law played an important role in retaining the separateness of Poland with reference to Russian and, at the same time, with the western legal culture. Despite this, the regulations of the Russian civil proceeding were analysed purely legally after Poland regained independence in 1918 in codification works in the Second Republic of Poland on the Polish code of civil proceedings. The fact that the solutions of the Russian procedure in the draft on evidences prepared by J.J. Litauer were slightly taken into account was due to the theoretical merits because of the lack of progressive solutions of the Russian civil procedure with regard to Western-European codes, not the political merits. It is confirmed by professionalism of the works of the members of the Codification Committee of the Second Republic of Poland widely underlined in the literature. They used in their codification works the comparative method, which, on the one hand, was an objective necessity, resulting from the fact that different legal systems were in force in the territory of the Second Republic of Poland, and, on the other hand, allowed for drawing on the examples of modern legal solutions of European codes. The attention was paid to the practice of the jurisdiction system in civil cases in particular districts, aiming at choosing the most common regulations in Poland, and, at the same time, the most justified in a practical way.