
This article is the first part of the topic on the position of women in the judicial process in Poland and Germany It examines the legal position of women in court in Polish and German legal history from the 16th to the 20th century. It differentiates between criminal proceedings and civil proceedings, unmarried and married women as well as merchant women, and between land law, town law and village law in Poland and ius commune, particular and local rights in Germany. While women were treated similarly to men in criminal proceedings early on the 16th century, there were major differences in civil proceedings. In both Poland and Germany, the unequal treatment of men and unmarried women ended around 1800 by European codifications. In contrast, married women had to wait until the 20th century for equal rights, even in court.