The Significance of Intent in the Concept of Legal Act in the Views of Professor Jan Gwiazdomorski
The Significance of Intent in the Concept of Legal Act in the Views of Professor Jan Gwiazdomorski

Summary/Abstract: The article concerns the significance of intent in the concept of legal act in the light of the views of Professor Jan Gwiazdomorski. The author presents the historical development of the definition of a legal act and points to the problem of equating it with a declaration of intent. Professor Gwiazdomorski emphasizes the need to distinguish between these concepts and to objectify the meaning of will, which is reflected in the content of Articles 56 and 60 of the Civil Code. Professor Gwiazdomorski's position on the definition of a legal act and a declaration of intent, his participation in the work of the Codification Commission, and his influence on the shape of current regulations are also discussed. It is pointed out that the fundamental dispute concerns whether greater protection should be given to the addressee of a legal act (certainty of transactions) or its sender (autonomy of will).

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