CZY MILCZENIE OZNACZA ZGODĘ? PRÓBA ANALIZY CYWILNOPRAWNEJ
DOES A SILENCE MEAN CONSENT? A CIVIL LAW ANALYSIS

Summary/Abstract: There is no one rule of interpretation of silence in Polish civil law but generally it should be adopted that the silence cannot be recognized as a declaration of will. The contrary could result only from a direct will of the legislator, the will of both parties or uncontestable interpretation of such silence according to rules of interpretation of declarations of will. The consent is an expression of the autonomy of a person and it is a declaration of will or a declaration similar to declaration of will. As a result silence could be recognized as consent only if it should be recognized as a declaration of will. In all other cases silence means a lack of consent. In Polish civil law there is a general rule that the silence does not mean consent but a refusal of consent. The contrary, resulting from a legal fiction, interpretational rule resulting from an agreement or from general rules of interpretation of declaration of will is only an exception which cannot be extended.

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