On the utility of the historical-comparative method in the context of the moral assessment of prescription – inspired by Professor Maurycy Allerhand’s remarks

The paper is inspired by the article O dobro adwokatury polskiej written by Professor Maurycy Allerhand and published in this volume of “The Voice of Law”. By applying the results of the historical-comparative study of the ratio (sense, justification) of prescription, the author disagrees with Professor Allerhand’s opinion that it is dishonourable for an attorney to use the defence of prescription if the claim is justified. Some of Professor Allerhand’s remarks on the role of legal history are also discussed.

Keywords: prescription, limitation of actions, historical-comparative method, legal history, attorney

This article is published in Polish