Contracts’ standardization as a symptom of publication of private law Cover Image

Standaryzacja umów jako przejaw publicyzacji prawa prywatnego
Contracts’ standardization as a symptom of publication of private law

Author(s): Joanna Mucha-Kujawa
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: contract law; algorithmization of contracts; publication of contract law; standardization of contracts; contract templates; consumer protection

Summary/Abstract: The ongoing civilization changes have an overwhelming impact on contract law. The transformations of domestic private law cause a reevaluation in the continental (positivist) sphere of legal thought. This applies in particular to legal structures that protect individual interests. This state of affairs is mainly influenced by Anglo-Saxon origin’s institutions, which introduce pragmatism into continental, including domestic, private law, in the form of, inter alia, widespread use of contracts by accession (in the form of regulations, templates, etc.) and the so-called economic analysis of law, emphasizing the economic effectiveness of legal regulations (economization of law). In practice, this means the emergence of a new European legal culture, which essence is the abandonment of formal and dogmatic structures in favour of pragmatic and flexible formulas (‘adherence to reality’) and the growing importance of the law-making role of courts.

  • Issue Year: 2018
  • Issue No: 5
  • Page Range: 47-82
  • Page Count: 36
  • Language: Polish
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