Glosa do wyroku Sądu Apelacyjnego w Szczecinie z dnia 31 października 2012 roku, sygn. akt I ACA 446/121
Gloss to the award of the court of appeals in Szczecin of 31 October 2012, file ref. no.: I ACA 446/12

Summary/Abstract: The gloss refers to die award of the Court of Appeals in Szczecin issued on the basis of new Article 72 § 2 of the Polish Civil Code (i.e.) that regulates the precontractual liability due to conducting negotiations in default of good custom. The author confirms the correctness of the award (dismissal of the lawsuit), but also underlines some inconsistencies in the justification of the grounds of this legal decision which indicate – what has already been noticed in the Polish doctrine — the problem of locus of the given article in the Polish legal system. The new regulation brings theoretical doubts, however its relevance to legal practice is minor. Nonetheless, the author asserts that doctrinal controversies have arisen mostly because of the fact that the subject amendment was precipitate and had not been given sufficient consideration. Thus, in the conclusion, the author concurs with the academic writers who conclude that new Article 72 § 2 of the Civil Code to be superfluous to the fundamental rule of ex delicto liability (Article 415 of the Civil Code).

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