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Kodeks cywilny kantonu Berna (1824-1830) i jego wpływ na przemiany społeczne i ustrojowe

The Bernese Civil Code (1824-1830) and its impact on socio-political development

Kodeks cywilny kantonu Berna (1824-1830) i jego wpływ na przemiany społeczne i ustrojowe

Abstract

The objective of this paper is to present the dynamics of events and dependencies, which resulted in the enactment of the Bernese Civil Code, as well as the importance and consequences of this work in the development of civil law and civil society in the canton of Bern. The paper addresses the issues concerning the question as to whether it is possible for an act of civil law to become a source of rules which, not finding sufficient protection in the existing constitutional system, cause changes in the latter. Did the codification of private law and the act of providing the ideas of freedom and equality with statutory protection result in the fall of the governance existing in Bern in the first half of the 19th century? Or was it perhaps the result of the accumulation of internal and external circumstances, leading to a formal sanctioning of systemic changes which had already occurred? The process of codification and systemic change in Bern constitutes an excellent example of the interdependence between private and publiclegal legislation and the fact that constitutional law does not always have to be the primary source of state protection covering basic social values.

Country
Poland
Related Organizations
Keywords

zasada patrycjatu, rule of patriciate, principle of equality, berneński kodeks cywilny, kodyfikacja, Bernese Civil Code, zasada równości, codification, Switzerland, Szwajcaria

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal