Make a Submission
No. 26-27 (1970)
Artykuły

Roman and Germanic elements in the construction of possession according to the Civil Code

[Roman and Germanic elements in the construction of possession according to the Civil Code]

  • Aleksander Kunicki

Published 2023-04-30

Keywords

  • civil law,
  • civil code,
  • possession,
  • Roman law,
  • legal institutions
Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Roman and Germanic elements in the construction of possession according to the Civil Code: [Roman and Germanic elements in the construction of possession according to the Civil Code]. (2023). Studia Prawnicze The Legal Studies, 26-27, 69-92. https://doi.org/10.37232/sp.1970.26-27.7

Abstract

This paper presents the Polish regulation of the institution of possession contained in the Civil Code in the context of Roman and Germanic doctrine. The author of this article presents the theoretical assumptions of Roman and Germanic doctrine regarding the structural elements of the institution of possession and makes a distinction between them. He describes the development of this institution throughout history, and considers its various elements, such as the issues of de facto power, the will to possess, among others. In addition, the author presents the achievements of Polish doctrine concerning the concept of possession.