Principles of Equity in the Code of Obligations Cover Image

Zasady słuszności w kodeksie zobowiązań
Principles of Equity in the Code of Obligations

Author(s): Anna Fermus-Bobowiec, Mariola Szewczak-Daniel
Subject(s): History, Law, Constitution, Jurisprudence, Civil Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: principles of equity; code of obligations; principles of community life

Summary/Abstract: The article concerns a very popular in the area of civil and, above all, in the obligation law,comprehensive clause which considers the principles of equity as a summary term describing allreferences which are connected with the equity criteria. The presence of this clause in the codeof obligations from 1933 has been deeply analysed basing on the solutions from the great civilcodifications (the Napoleonic Code, ABGB and BGB) which were in force on Polish territories.The domain of discourse in the article embraces also the fact, that the code of obligations was validduring some period of People’s Republic of Poland (namely, until the effective date of new civilcode – 1.01.1965) and shows that the impact of Soviet principles of community life (introduced intogeneral rules of the civil code from 1950) on the traditional clauses basing on the equity criteria wassiginificant.

  • Issue Year: 63/2016
  • Issue No: 2
  • Page Range: 43-56
  • Page Count: 14
  • Language: Polish