2 research outputs found
Źródła zasady swobody umów oraz wybrane aspekty jej granic – w świetle orzecznictwa
The article treats on one of the most important principle of the civil law, rising
and concentrating mainly on two issues. First of all authors explain the source of the
principle on freedom of contracts in Polish legal system, referring to the provisions
included both within regulation of the Constitution of the Republic of Poland from
1997 and the Civil Code. Furthermore, the article raises problems which concentrate
on the limitation of the principle on freedom of contracts, that exist within the
Polish legal system, and which normative grounds are grounded in the article 3531of
the Civil Code. The above issues are described on the basis of the jurisprudence
of Polish Constitutional Tribunal, Polish Supreme Court and Polish Supreme
Administrative Court, showing the differences, which appeared in the jurisprudence
of the Courts, due to the understanding of the principle. Final conclusions are the
current judgment of the Polish applicable provisions expressing the principle on
freedom of contracts and its limitation, pointing the purposefulness of undertaking
the legislative changes.Marta Janina Skrodzka - Uniwersytet w BiałymstokuKarol Skrodzki - doktorant na Wydziale Prawa Uniwersytetu w Białymstok