Transformacja Ustrojowa a Ciągłość Instytucji Prawnych – Uwagi Teoretyczne

Abstract

Systemic Transformation and the Continuity of Selected Legal InstitutionsSummaryDespite a systemic transformation a number of legal institutions servive. The existing conceptual framework does not account sufficiently for this phenomenon, hence the need to introduce and refine the concept of ‘legal survival,’ as applicable to a legal institution characterised by normative continuity, though often attended by a political, economic, social or ideological change in its social function.

Towards a Typology of Dimensions of the Continuity and Discontinuity of Law: The Perspective of Polish Private Law after the 1989 Transformation

“…In sum, a legal instiution can be described as a coherent set of interconnected legal rules which jointly regulate a given sphere of social life. 39 The continuity of certain legal institutions in a given legal culture is described as the presence of 'legal survivals'. 40 In Polish private law after 1989, the following legal institutions endured qua legal survivals: prosecutor's locus standi in civil proceedings 41 ; the preliminary reference ot the Supreme Court by second-instance courts 42 ; the extraordinary revision (in the form of the 'extraordinary' cassation of the Prosecutor General 43 and the new extraordinary petition, introduced in December 2017 44 ); perpetual usufruct 45 ; cooperative member's proprietary right to an apartment (new rights can no longer be created) 46 ; cooperative member's tenancy right to an apartment (which can still be created); 47 the cultivation contract 48 ; the delivery contract.…”