Dobre obyczaje w polskim prawie kontraktowym - wybrane zagadnienia
Good Manners in Polish Contract Law. Selected Issues
Author(s): Jan MojakSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: good manners in contract law; general clauses; clause of good manners; good manners; rules of social coexistence; good faith; clause of good faith; principles of fairness; socioeconomic purpose of law
Summary/Abstract: This article contains an overview of good manners in Polish contract law. The overview leadsto the conclusion that following clauses – “rules of social coexistence” and “socio-economic purposeof law”, which are based on the legislation from the time of the Polish People’s Republic(PRL), need to be replaced by the clause of good manners. It is necessary for the full and thorough Europeanization of the Polish civil law. The two aforementioned clauses appear to be completelyforeign concepts and legal categories in the legal doctrine of EU member states which were not thesatellite states of the Soviet Union. These clauses have no equivalents in the classic European civillaw studies. The return to the “good manners” in the Polish contract law will undoubtedly moredeeply anchor the Polish institutions of the contract law in the legal system of EU.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 63/2016
- Issue No: 2
- Page Range: 57-70
- Page Count: 14
- Language: Polish
