Klauzula generalna jako ponadgałęziowa konstrukcja systemu prawa
General Clause as a Multi-brach Legal System Construction

Summary/Abstract: The publication is an attempt to present general clause as an universal construction that overcome the traditional division of legal system into branches of law not only because of its presence in every branch of law but also because of some characteristics associated with the purpose and effect of its introduction to the legal system. Detailed views of doctrine and legal practice shows similarities resulting from the axiological connotation of general clauses, their role in the processes of law application and influence of judicial practices on the understanding of these clauses. Presence of general clauses in legal system effect positively on the flexibility of law application processes and at the same time also entails difficulties associated with the need to maintain a proper balance betweensaid flexibility and certainty and uniformity of application of the law.

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