Konstrukcja bezwzględnego prawa podmiotowego w doktrynie polskiego prawa zwalczania nieuczciwej konkurencji: efemeryda czy użyteczny konstrukt?
The concept of the absolute subjective right in Polish unfair competition law: An ephemeral notion or functional legal construct?

Summary/Abstract: The paper reviews selected positions of the doctrine of Polish civil law relating to the construction of an absolute (exclusive) subjective right as developed within the legislation on combating unfair competition (of 1926 and 1993). The timeframe of this approach takes into account three distinct stages: up to the outbreak of World War II, the period of the People's Republic of Poland and the ongoing period of the Third Polish Republic. This makes it possible to trace the directions and main threads of the theoretical discussion of this construction, its variations and the formation of selected positions of representatives of legal scholarship. The paper concludes by stating that despite the noticeable changes in the intensity with which the idea of exclusive subjective right is used, which is justified by the changeability of the structural political environment, the Polish literature continues to refer to this construction. Nowadays, while recognizing its historical significance, the legal doctrine does not consider it adequate in the contemporary context. This demonstrates its usefulness and therefore precludes treating the idea merely as an ephemeral phenomenon.

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