Regulacja wpływu nadzwyczajnej zmiany okoliczności na zobowiązania w latach 1965–1990 jako przykład uprzywilejowania podmiotów z sektora uspołecznionego w państwie autorytarnym
The Regulation of the Impact of Extraordinary Changes of Circumstances on Obligations in 1965–1990 as an Example of Preferential Treatment for Socialized-Sector Entities in an Authoritarian State

Summary/Abstract: After World War II, regulations were introduced that resulted in special treatment for entities of the socialized economy and transactions involving them. The Civil Code, which came into effect on January 1, 1965, did not introduce a general regulation concerning the impact of changes in circumstances on the performance of obligations, known from Article 269 of the Code of Obligations, thereby deliberately omitting the rebus sic stantibus clause. Entities of the socialized economy could benefit from a specific equivalent of the rebus sic stantibus clause in the command-distributive economy– a general clause included in Article 386 of the Civil Code. Based on the analysis of the regulations in force at the time, the views of the doctrine, and the case law, it can be stated that the clause of extraordinary change of circumstances in socialized trade was intended to support the realization of the overarching goal of contracts, i.e., to serve the development of the national economy for the benefit of the entire society, and did not aim to protect the interests of one of the parties to the contract. Article 386 of the Civil Code concerned the obligation to cooperate in concluding, performing, modifying, and terminating contracts. The practice of applying the Civil Code showed the lack of justification for the arguments cited as a reason for omitting the rebus sic stantibus clause in the Code and for the special treatment of entities of the socialized economy.

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