The systematic of particular part of obligation law (voice in the discussion)

Streszcz. ang. s. 23

The paper is related to the article presented by Z. Radwański who has proposed a structure for the draft version of the new Polish Civil Code. The suggested proposal is based on the typology of contracts and it collects similar contracts into a single group. This should facilitate implementation of different kinds of consumer contracts that are out of scope of the Polish Civil Code from 1964 into the new Civil Code. The consequence of such approach may be a requirement that the new Civil Code should have a common regulation for different typical and non-typical contracts such as - for example - consumer credit contracts. Therefore, the structure of the new Civil Code might be more complicated than the current one. Moreover, the parallel regulation of the same type of contract by the Civil Code and by a separate legal act should not be allowed. Currently, such parallel regulation concerns for example insurance contracts, banking account contracts etc. One should also consider whether the new Civil Code has to regulate the contracts on different modes of transportation that are regulated by the EU regulations (e.g. EU Regulations No. 261/2004, 1371/2007, 1170/2010, 181/2011). The provisions of the above-mentioned regulations prevail over the provisions of the national law. Because of such separate regulations that are located outside of the Polish Civil Code from 1964, its provisions of the on the carriage contract remain a paper exercise. Additionally, the provisions on many types of contracts have to be revised because they are either outdated or simply insufficient or inadequate to the new economic conditions (for example the provisions pertaining on a contract on construction works). In its article the author also indicates some examples as to the directions in which theprovisions of the 1964 Civil Code could be amended or extended.