Nieważność czynności prawnej z perspektywy systemów prawnych common law
Invalidity of juridical acts in com-mon law jurisdictions

Summary/Abstract: The article describes the complex institution of invalidity of juridical acts in common law jurisdictions. As a part of the assessment of the latest tendencies regarding proportional and modern normative model of such nullity, special attention is paid to the statutory sanctions (structured discretion) proposed to establish the legal effects of illegal and immoral contracts.The impact of the sanctions on Polish law has been presented in the context of the reform of effects of illegality in some common law countries. These findings together with very valuable materials collected during the consultations process had also an impact on the shape of the sanction and its proportionality in the Common Frame of Reference. It was examined and analyzed that there is a need to move forward away from a naturalistic perception of invalidity in private law and to resign from the dogmas developed in the so-called the great codifications of the nineteenth century. The achievements of courts and juris prudence in common law clearly showed that laconic terminology in normative models of absolute sanctions in the ius civile legal systems had very negative impact on the effectiveness and efficiency of the law.

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