Articles

Vol. 42 No. 3 (2020)

Character of the legal theses issued by the polish (non-german) courts of appeal in the General Government during the second world war

Pages: 131-151

PDF (Język Polski)

Abstract

In the General Government, in the area of the common judiciary the Polish (non-German) judiciary was created. This judiciary was based on the common judiciary of the Second Polish Republic. The most important change introduced to the pre-war judicial system was the liquidation of the Supreme Court. Despite the liquidation of the highest court, some of its powers were maintained in the General Government. An example of such maintained competence were the legal theses of the courts of appeal, whose purpose was to clarify legal issues and unify court rulings. The aim of the article is to determine the nature of the legal theses and to compare this institution with legal principles issued by the pre-war Supreme Court.