Undue Payment in the Polish Code of Obligations of 1933 as Compared with Other Regulations of That Time Cover Image

Nienależne świadczenie w polskim Kodeksie zobowiązań z 1933 r. na tle porównawczym
Undue Payment in the Polish Code of Obligations of 1933 as Compared with Other Regulations of That Time

Author(s): Jan Halberda
Subject(s): Regional Geography, History of Law, Constitutional Law, Civil Law, Interwar Period (1920 - 1939), Post-War period (1950 - 1989)
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: private law; civil law; law of obligations; unjust enrichment; law of restitution; undue payment; interwar period law; the Second Polish Republic; Code of Obligations;

Summary/Abstract: The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his final remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

  • Issue Year: 9/2016
  • Issue No: 1
  • Page Range: 67-96
  • Page Count: 30
  • Language: Polish