Filozoficznoprawna analiza zasady kauzalności czynności prawnych
Philosophical analysis of the principle of causa with regard to civil law transactions

Summary/Abstract: This paper concerns the important and current issues of causality and abstractness of increment legal transactions. Broadly speaking, the topic is connected to the question whether this kind of transactions necessarily have their causa. This theme is in the centre of interest of the contemporary research in the theory of civil law. According to the authors of the article the answer to the question should be searched apart from the strict dogmatic analysis, in particular is should be considered in the context of discussions on the philosophical foundations of the theories of language and the analysis of the notion of action. Those topics are usually placed within the philosophy of mind inspired by the research made in the so-called cognitive sciences. Therefore the aim of the article is an attempt to critically analyze the nature of civil law transactions through referring to the newest research in the philosophy of language and mind, and in particular the notion of intentionality (Reinach, Searle, Davidson) and intersubjectivity (Austin, Habermas, Honneth) of those phenomena. Legal transactions would be treated as a kind of human action which is of an active character while the subject maintains the autonomy allowing him to act in a different way than required under the examined reasons. The subject of legal transaction is not only an autonomous one, but he has consciousness and free will through which he can initiate his actions, and in result undertake free and rational decisions, also within the sphere of the formation of civil law relations.

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