Nowe oblicze wyzysku – nowelizacja art. 388 Kodeksu cywilnego w świetle efektywnej ochrony obrotu gospodarczego i prawnego instrumentarium stron umowy
The new face of exploitation – the amendment of Article 388 of the Civil Code in light of the effective protection of economic trading and the legal instruments of the parties to the contract

Author(s): Jan A. Krajewski
Subject(s): Civil Law, Law on Economics
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: exploitation; Polish Civil Code; regulations on economic trading; contracts; economic exploitation; legal guarantees of entrepreneurs
Summary/Abstract: The article focuses on the revision of the institution of exploitation provided for in the Polish Civil Code. The provisions, operating in an unchanged form for more than 57 years, have recently been updated. The reason for the legislative action was the increased criticism from academia, which had repeatedly pointed to the need to strengthen the protection of the weaker party to the contractual relationship and to the inefficiency of the construction in procedural terms. The analysis focuses on the purposive interpretation of the construction of exploitation in the Polish legal system. From a comparative point of view, the author analyzes the existing regulations and new solutions introduced by the amendment of the Civil Code in terms of the effectiveness and adaptation to the new challenges of the modern market and economic trading.

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