Wykorzystanie źródeł prawa w wykładni historycznej

Abstract

Using Sources of Law for the Purpose of Historical Interpretation This article pertains to the use of relevant sources of law for the purpose of historical interpretation. The article is divided into three sections. The first section is dedicated to theoretical issues and presents the concept of sources of law and the types of legal interpretation, in particular historical interpretation. The next section describes examples of how sources of law may be applied in conjunction with historical interpretation. It discusses, inter alia, the application of historical interpretation in court rulings, the functioning of joint land property, agricultural reform in Poland after the Second World War, the consequences of the inflation policy and the associated occurrence of what is referred to as mortgage discharge, i.e. the repayment of the amounts due by the mortgagors. In the last section of the publication, the author summarises his reflections focusing primarily on the meaning of sources of law in the context of applying historical interpretation in contemporary court rulings. The author’s final conclusion is that using the sources of old law and the interpretation thereof are an important component of the legal system currently in effect.