Right to avoid a defective declaration of intent in the Draft of the First Book of the new Polish Civil Code

The purpose of the article is to indicate the main problems emerging during interpretation of the provisions of the draft proposal of the First Book of the new Civil Code concerning the right to avoid a defective declaration of intent. The draft proposal, prepared in October 2008 by the Commission for the Codification of the Civil Law by the Minister of Justice, introduces concepts significantly different from the ones contained in the Polish Civil Code currently in force. Thus, the author attempts to present her critical analysis of the draft provisions and compare them with the existing regulations. In order to give a broader basis for the evaluation, the analysis of the provisions proposed in the draft is supplemented by the description of solutions contained both in the Draft Common Frame of Reference, which had substantially inspired the authors of the draft, as well as in the German, French and Dutch civil codes.