Podstawa rekonstrukcji treści klauzul generalnych. Przykład zasad współżycia społecznego
The Basis for the Reconstruction of the Contents of General Clauses. An Example of the Principles of Social Coexistence

Summary/Abstract: The problems associated with the use of general clauses on the reconstruction of the normative basis for decisions applying the law is a question often research undertaken by the doctrine. Past publications do not cover the complex issues of reconstruction base content of general clauses based on speciic non-legal reference. This article is an attempt to present the above mentioned issues with regard to the principle of social coexistence. Word recall what they are introducing general clauses, how they should be interpreted and determine their content. Problem arising directly from the introduction of a discussion of the expression of the general clause in the system of laws, which directly affects the content of this reference, and how to interpret it. Key considerations article are issues related to the operation of general clauses in the law of the public and private sectors. In support of each of the thesis I present examples of judicial decisions.

• Details
• Contents