Istota wyzysku w polskim prawie cywilnym
The essence of exploitation in Polish civil law

Summary/Abstract: The aim of the article is to systematize and assess the accuracy of the jurisprudence of the Supreme Court on the qualification of exploitation in Polish civil law. The Supreme Court has commented repeatedly on the exploitation of the legal acts that are part of the facts constituting the basis for the judicial resolution. In their decisions, the Supreme Court presented views on the legal qualification of exploitation which changed with time. The authors confront the theses from the judicial decisions and doctrines regarding ex-ploitation. The considerations start with the presentation of the subjective, functional and juridical concept of formation of a reciprocal agreement and evocation of judicial decisions based on assumptions of the given concepts about the scope of Article 388 of the Civil Code. The authors argue with thethesis about the applicability of Article 388 of the Civil Code in mutual and binding contracts for both sides. The legal nature of exploitation is analyzed to answer the question of whether it should be counted as vices of consent, or rather as defects in the content of the consent. The other concept is favoured.A legal discourse related to a possibility of concurrence of regulations regarding vices of consent and Article 388 of the Civil Code is mentioned as well. The final considerations are devoted to the relation of Article 388 of the Civil Codeto Article 58 section 2 of the Civil Code. The authors point out attempts of the Supreme Court to depart from the dominating view that Article 388 of the Civil Code is lex special concerning Article 58 section 2 of the Civil Code. In the opinion of the Authors, significant practical issues that have not beenresolved by the Supreme Court may be an impulse for the development of discussions as to the sense of the continued application of Art. 388 of the Civil Code.

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