Nienależne świadczenie w polskim Kodeksie zobowiązań z 1933 r. na tle porównawczym
Undue Payment in the Polish Code of Obligations of 1933 as Compared with Other Regulations of That Time

Summary/Abstract: The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his final remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

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