N. 6 – 2007 – Cronache

FIRST INTERNATIONAL SEMINAR

PERSPECTIVES OF LAW OF OBLIGATIONS’ UNIFICATION: Exchange

of experiences of European countries’ law culture

University of Warmia and Mazury, Olsztyn (20^th April 2007)

On 20^th April 2007 on the Faculty of Law and Administration, the unit of University of Warmia and Mazury in Olsztyn (Poland) the First International Seminar on Law of Obligations: Perspectives of Law of Obligations’ Unification: Exchange of experiences of European countries’ law culture was taken place. This initial Seminar, first of the whole cycle, that will be held in the near future, was organised by both Faculty of Law and Administration in Olsztyn and District Chamber of Legal Advisers in Olsztyn. Patronage over conference took Prof. Ryszard Górecki, Rector of the University of Warmia and Mazury, Prof. Stanisław Pikulski, Dean of the Faculty of Law and Administration and Bohdan Dzitko, Dean of District Chamber of Legal Advisers in Olsztyn.

In the chairs of Azure Hall located in the University Conference Centre sat down famous Polish and Italian specialists in Roman law studies. The topic of this foundational Seminar was formulated as follows: Contemplation on obligation in the light of historic development of institutions of Obligations’ Law. Session was initiated by Prof. U. Santarelli from the University of Pisa.

As a first spoke Prof. Aldo Petrucci from the University of Pisa. His discourse was devoted to the rule of impossibilium nulla est obligatio, mainly with reference to the Italian legislation in the years of 1865-1942, but he also raised question of performance of obligations in the Roman law and in the drafts of the standardized European Contract Law (Riflessioni in tema di determinazione dell’oggetto della prestazione dal diritto romano al vigente ordinamento italiano ed ai progetti di unificazione del diritto contrattuale europeo).

After Prof. Petrucci his presentation gave Prof. Wojciech Dajczak, specialist in Roman law from University of Adam Mickiewicz in Poznań, who spoke about generalization of the rule impossibilium nulla obligatio in modern Roman law science, especially from the perspective of Polish experiences in the 20^th century (La generalizzazione della regola impossibilium nulla obligatio nella dogmatica moderna. Riflessioni nella prospettiva delle esperienze polacche del XX° sec.). He started from the principle in the Roman law, its meaning and significance, and passed to the considerations about this rule as a principium of rationality in the modern Roman law knowledge, including Polish law science at the turn of the twentieth century.

The discourse of Prof. Dajczak was followed by the next one of Prof. Franciszek Longchamps de Bérier from University of Warsaw. He spoke about the conflict of law’s rules, among others nullus videtur dolo facere, qui suo iure utitur and male enim nostro iure uti non debemus (Qui suo iure utitur neminem laedit. Il conflitto delle regole nel diritto.”Qui suo iure utitur neminem laedit”).

J.D. (Dott.) Marek Sobczyk from University of Mikołaj Kopernik in Toruń devoted his speech to the notions of objective and subjective impossibility of performance in the sources of Roman law (L’impossibilità oggettiva e soggettiva della prestazione nel diritto romano). In particular, he analyzed the distinction drawn by Venuleius in D. 45.1.137.4 between a natural obstacle (impedimentum naturale) and the debtor’s personal ability to perform (facultas dandi).

Finally, his opinion expressed Prof. Bronisław Sitek, Vice-Dean of the Faculty of Law and Administration and Chairman of the Chair of the Roman and Comparative Law. He spoke about original impossibility of performance in various chosen legal systems and compared it to each other (Impossibilium nulla obligatio est (D. 50.17.185). L’impossibilità originaria della prestazione in alcuni sistemi giuridici. Uno studio giuridico-comparato). He also gave general summary of the whole session.

Additionally, at the end of the Seminar introduction of book of A. Petrucci and G. Luchetti, Fondamenti di diritto contrattuale europeo. Dalle radici romane al progetto dei Principles of European Contract Law dalla Commissione Lando (Bologna 2006) was held.

As a result of Seminar a book will be published (about first months of 2008).

Adam Świętoń

University of Warmia and Mazury