Problem wykładni ‘celu świadczenia’ w rozumieniu art. 410 § 2 polskiego kodeksu cywilnego – argumenty historyka prawa rzymskiego
The problem of interpretation of “purpose of the performance” within the meaning of art. 410 § 2 of Polish civil code – arguments of the historian of Roman law

Summary/Abstract: The interpretation of “purpose of the performance” within the meaning of Art. 410 § 2 of Polish civil code is one of the most difficult problems of Polish unjustified enrichment law. According to the first concept, the purpose of the performance should be interpreted narrowly as a counter-performance or other equivalent from the recipient’s side, however outside the scope of contracts. Followers of the second, much broader concept, postulate that this notion should refer to any licit future event or legal effect. Both interpretations can be supported in the sources of Roman law. The most important field of application of the Roman condictio ob rem referred to the Roman doctrine of innominate contracts (contracts which did not create enforceable obligations), where the party who gave his performance afterwards claimed its restitution, because the other party did not fulfil his obligation. In that case the purpose of performance was to receive counter-performance from the recipient. However, there were several typical cases where the purpose was different, especially if it did not relate to the behaviour of the recipient. The most important of them were dowry (given on the account of a future marriage) and donation (in contemplation of death). Moreover, some general settlements of Roman jurists supported the idea of the wider meaning of purpose of the performance. That can be seen as a clue for the contemporary interpretation of Art. 410 § 2 of the Polish Civil Code.

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