
This article is a continuation of the discussion by Christoph-Eric Mecke under the title “Was the BGB a Great Codification? – The Forgotten Rights of Women. Part I – History of the Origins of Family Law in the German Codification of Civil Law (BGB) Adopted in 1896 and Contemporary Controversies on the Codification of Family Law in Germany.” In this paper, the issue of the German Civil Code (BGB) codification is presented from a comparative perspective. The author divides the text into two main parts; the first is a comparison of the position of a woman in the draft of the marriage law passed by the Polish Codification Commission in 1929 with the provisions of the German Civil Code from 1896. The second part
is a more practical look and concerns the comparison of the interpretation and application of the family law provisions in force by the Supreme Court in the former Prussian partition in Poland and by the Reichsgericht in Germany in the period between 1919 and 1939 in family cases decided that were based on the BGB provisions.