Zasada ograniczonego obowiązywania w czasie stosunków zobowiązaniowych
Principle of limited duration of obligations

Summary/Abstract: This publication discusses the principle whereby obligations should be of a limited duration. It is to be considered one of those principles of the law of obligations which are in the nature of legal rules. At the same time, it reflects the general civil law principle that, as a rule, should aim at elimination of legal relationships which are permanent and interminable. Among other things, the limited duration of obligations principle is based on the principle of freedom which is about respecting the freedom of both parties to the obligation and third parties alike. Therefore, when the scope of protection is defined in more detail, this may possibly involve a reference to certain public law concepts, including, without limitation, those relating to the protection of competition. The author believes that the limited duration of obligations principle is addressed solely to the civil law persons or entities. Hence, it does not apply to any obligations which arise ex lege. Where the principle is adopted, it will be prohibited, as a consequence, to structure obligations in such a way that the parties are bound for an excessive duration. The principle under discussion is not absolute. Freedom and autonomy must sometimes give way to other values, mainly those related to public interest considerations.

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