Od wspólnotowości do indywidualizmu. Ewolucja indywidualizmu a pojęcie podmiotu i autonomii w prawie prywatnym
From community to individuality: The evolution of individualism and the concepts of subjectivity and autonomy in private law

Summary/Abstract: This article aims to present the process of individualization, understood as the process of an individual's emancipation and liberation from collective (community) structures, and its impact on the field of private law. This process gives rise to two forms of individualism: egalitarian individualism and expressive individualism. An essential component of both is autonomy, understood as the individual's capacity to make decisions about their own life. The article points out certain trends concerning the dominance of particular types of individualism in specific historical periods, which are also evident in the field of civil law. Particular attention is given to the notion of autonomy, which is now more widely used almost exclusively within private law, through the concept of will autonomy. Although representatives of this discipline declare a break from the original philosophical context of this notion, the article argues that such a break is impossible, as the function that will autonomy performs in civil law still remains close to its philosophical origin. The article should be classified as a contribution to the history of ideas, and the principal research method is critical analysis of texts.

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