Zakaz nadużywania praw podmiotowych w społecznej gospodarce rynkowej na przykładzie prawa rzeczowego
Prohibition of the abuse of subject rights in the social market economy on the example of the property law
Author(s): Magdalena WilejczykSubject(s): Economy
Published by: Wydawnictwo Uniwersytetu Ekonomicznego we Wrocławiu
Keywords: social market economy; subject rights; abuse of subject rights; vindication claims
Summary/Abstract: Article 20 of the Constitution declares the social character of the market economy indicating that it should be based on solidarity, dialogue and cooperation of social partners. I believe that in the civil law a similar character is found in Art. 5 of the Civil Code in the prohibition of the abuse of subject rights. It is also based on the assumption that despite the fact that subject rights serve the protection of interests of private entities, still they cannot be performed only for selfish purposes, but their performance at least in some degree has to include the interest of other people. The presented thesis is illustrated in the article with examples from the substantive law.
Journal: Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu
- Issue Year: 2014
- Issue No: 372
- Page Range: 403-413
- Page Count: 11