Comments on the work on the Polish Code of Obligations from 1933 with particular regard to the principle of equity Cover Image

Uwagi o pracach nad polskim kodeksem zobowiązań z 1933 r. ze szczególnym uwzględnieniem zasady słuszności
Comments on the work on the Polish Code of Obligations from 1933 with particular regard to the principle of equity

Author(s): Dorota Haponiuk
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: codification; Commission of Codification; obligation law; Code of Obligations; principle of equity

Summary/Abstract: The restoring of independence in Poland was associated with many difficult undertakings which included codification of the law. The aim of the article is to present the course and important issues regarding the codification of the regulation of the President of the Republic of 27 October 1933 – Code of Obligations. The issue of the ratio legis of a given regulation and references to legal acts on which theCode of Obligations was based will be discussed. In addition, its unique character and importance in Polish civil law will be emphasized. In the considerations, the role of the act will be shown as the first such extensive codification of the law from the period of the Second Polish Republic to 1964. The next issue will be devoted to the analysis of the principle of equity based on the Code. At the same time, the principle of equity was taken into account as a general clause, allowing the flexibility of some elements of the first such important legal regulation, created in independent Poland.

  • Issue Year: 17/2018
  • Issue No: 1
  • Page Range: 143-154
  • Page Count: 12
  • Language: Polish