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Prof. dr hab. Tomasz Giaro
ORCID: 0000-0002-5702-613
Prof. dr hab. Tomasz Giaro, since 2016 Dean of the Law Faculty of the University of Warsaw, Professor of Roman Law and European Legal Tradition and editor in chief of the journal "Studia Iuridica". In 1984–1985 he was fellow of the Alexander von Humboldt Foundation in Bonn, Germany, and in 1990–2006 member of the Max Planck Institute of European Legal History in Frankfurt am Main, Germany. During his stay in Germany he was contract professor in 1994–1995 at the
DOI: 10.33226/0032-6186.2020.6.1
JEL: K1

Differentiation in social life and differentiation in law mutually enhance their positive feedback in the proces of legal development. The codification of private law at the beginning of 19th century seemed at first sight to warrant the triumph of law equal to all subjects. However, after a century and a half, we find the subjects of such a trivial contract as sale differentiated according to their status of a consumer or a business. Following such a logic of differentiation, at the turn of the 19th and 20th centuries emerged in the legal system the new branch of labour law. In this respect Leon Petrażycki (1867–1931) made a radical distinction between employer and employee whose loan claim, which covers existential needs of him and his family, fundamentally differs from any standard claim of private law, e.g. on behalf of purchase or hire.

Keywords: differentiation; codification and decodification; from status to contract; Leon Petrażycki

Prof. dr hab. Tomasz Giaro, since 2016 Dean of the Law Faculty of the University of Warsaw, Professor of Roman Law and European Legal Tradition and editor in chief of the journal "Studia Iuridica". In 1984–1985 he was fellow of the Alexander von Humboldt Foundation in Bonn, Germany, and in 1990–2006 member of the Max Planck Institute of European Legal History in

Frankfurt am Main, Germany. During his stay in Germany he was contract professor in 1994–1995 at the Law Faculty in Frankfurt am Main, in 1996 at the Law Faculty of the Free University of Berlin, and in 1999–2000 at the University of Giessen. Subsequently, in 2006–2008 he was visiting professor at the Law Faculty of Katowice, Poland, and in 2010–2011 at the University of Florida Levin College of Law, Gainesville, USA. In 2009 he was nominated professor of legal science. In 2011 he won the Prize of the Foundation for Polish Science in the field of Humanistic and Social Scholarship. In 2015–2019 he was the Chairman of the Board of the Scientific Station of Polish Academy of Sciences in Rome.