1st Edition

Private Law in Former Socialist States Legal Survivals in Central and Eastern Europe

Edited By Rafał Mańko, Piotr Eckhardt Copyright 2027
350 Pages
by Routledge

More than three decades after the fall of state socialism, certain legal institutions forged during the socialist period continue to shape private law across Central and Eastern Europe. This volume identifies and analyses case studies of 'legal survivals' — legal forms which, though created under state socialism, endured the political, socio-economic, and cultural upheaval of the 1989... Read more

Introduction

 

1. On Nomostasis: A Brief Restatement of the Theory of Legal Survivals in the Central and Eastern European Context.

Rafał Mańko

 

2. Defining the Boundaries of Legal Survivals from the Perspective of Legal Historians: Object, Anachronism and Shift in Legal Culture.

Michał Gałędek and Tomas Kucharski

 

3. How to Deal with Legal Survivals: the Role of Courts in Adapting Legal Provisions to Changing Circumstances.

Paulina Konca

4. The Agrarian System of the Polish State as a Legal Survival.

Adam Sulikowski and Joanna Kuźmicka-Sulikowska

 

5. Legal Survivals and Politics: the Case of the Polish Allotment Federation (PZD) in Post-Communist Poland.

Piotr Eckhardt

 

6. The Right of Perpetual Usufruct: A Socialist Spectre in Polish Private Law.

Rafał Mańko

 

7. Romanian (and CEE) Associations of Condominium Owners as Exemplary Legal Survivals and Ideological Paradoxes.

Liviu Damşa

8. The Survival of the Separate Ownership of Buildings (Aedificium Solo Non Cedit) in the Slovak Republic.

Tomáš Gabriš

9. In Rem Divided Use of Joint Ownership: A Remnant from the Socialist Legal System Fitting for Latvian Property Law.

Aleksandrs Fillers

 10. Succession Rights for Unmarried Partners in Ex-Yugoslavia: Historical Context and Modern Implications of a Legal Survival of the Socialist Era.

Dorota Miler

11. The Rules of Socialist Coexistence, Good Morals, and the Dark Secrets of Bulgaria's Law on Obligations and Contracts of 1950: What Lessons for Legal Survivals?

Radosveta Vassileva

12. Conclusions: Central European Legal Survivals and Their Implications for the Theory of Nomostasis.
Rafał Mańko

Biography

Rafał Mańko, University of Wrocław, Poland.

Piotr Eckhardt, Ignatianum University, Cracow, Poland.