General Clause of the Socio-economic Purpose of the Law
and the Statutory Interpretation of the Norms Pertaining to Property Cover Image

Klauzula generalna społeczno-gospodarczego przeznaczenia prawa w wykładni przepisów regulujących prawo własności
General Clause of the Socio-economic Purpose of the Law and the Statutory Interpretation of the Norms Pertaining to Property

Author(s): Zbigniew Władek
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: property; general clauses; socio-economic purpose of the law

Summary/Abstract: As far as the legal doctrine is concerned, there are various approaches to the legal provisions– general clauses, as a general clause of social – economic use of law. Specially, it is connectedwith the relationship the aforementioned to the law of property. Among these approaches, there aresome that underline the necessity to delete such provisions because these clauses are not up to date.Nowadays, the division between law of property, does not exist (such a division was a characteristic of PRL law system) – the critics say. Other approaches underline the significance of such generalclauses. Such provisions relate to the social function of the law of property, so that the balancebetween individual interest and general interest could be sustained. It is underlined that the legalstructures analised, although used in PRL legal system, may be applied in the social, legal constructionof law property that appears in social Catholic Church doctrine (applied on the Constitution ofRFN as well).

  • Issue Year: 63/2016
  • Issue No: 2
  • Page Range: 117-134
  • Page Count: 18
  • Language: Polish