Pecking Away at Jan Gwiazdomorski's Theory of Legal Acts amid the Work on the Recodification of Civil Law
Pecking Away at Jan Gwiazdomorski's Theory of Legal Acts amid the Work on the Recodification of Civil Law
Author(s): Jacek TrzewikSubject(s): History of Law, Civil Law, Polish Literature
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: legal act; Jan Gwiazdomorski; codification of civil law;
Summary/Abstract: The article explores the views of Professor Jan Gwiazdomorski on the theoretical constructs of legal act and declaration of intent, regarded as fundamental categories of private law. The initial section sketches out the influence of Professor's scholarly work on the codification of Polish civil law. In this respect, attention is drawn to Jan Gwiazdomorski's original objectivist concept of declaration of intent and the related theoretical framework of legal act. Later, against the backdrop of the recent dynamism in legislative projects in both substantive and procedural civil law, and taking account of the breadth of the issues as well as the necessary limits of the article, selected remarks are offered on the impact of Jan Gwiazdomorski's theories on the drafts of the general part of civil law prepared by the Codification Commission in 2008 and 2015.
Journal: Studia Iuridica Lublinensia
- Issue Year: 34/2025
- Issue No: 3
- Page Range: 99-112
- Page Count: 14
- Language: English
