Istota odróżnienia umów odpłatnych i nieodpłatnych w prawie polskim
The Difference between Gratuitous and Non-gratuitous Contracts in Polish Law

Summary/Abstract: The article presents problematic aspects of the difference between gratuitous and non-gratuitous contracts in Polish law which have not yet been fully elaborated in the Polish legal literature. The object of our deliberations is the validity of being able to distinguish gratuitous and non-gratuitous contracts. This ability is crucial as under the present legislation one may observe a tendency to adopt a different approach to gratuitous and non-‑gratuitous contracts. It has been pointed out that some limitations have been included in the Polish legislation which restrict or impede the performance of gratuitous legal transactions. The fact that the duties incumbent upon a person who has benefited gratuitously towards one who has obtained such benefit are less demanding than those when analogous non-gratuitous legal transactions are performed. At last, in the event of a conflict of interest, the legal status of a recipient of a gratuitous material benefit is weaker in comparison with the legal status of the person who obtained such benefit. Another issue we discuss is what criterion should be applied to distinguish between non-gratuitous and gratuitous contracts. The last issue is the understanding of the term “consideration”.

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