The initial draft of the systematization of the so-called specific part of the law of obligations

Despite the fact that some foreign codifications, like the Dutch or the Russian ones, provide for the formal division between the general and the particular part of obligations, from the perspective of the Polish codification it is advisable not to follow this formal distinction. However, that does not mean that the particular groups of acts in law should not be gathered at one place, i.e. after the general provisions and the provisions on obligations resulting from the events other than the acts in law. It is advisable that such regulation of the particular types of contracts should be preceded by the set of rules governing the typical and untypical, mixed and linked contracts. Among the particular relationships of the obligations there is a need for special rules for the unilateral acts in law, because they are not covered by the principle of the freedom of contracts. The contractual relationships based on the freedom of contract need not to be determined by the statutory law. Their statutory typology should serve predominantly the facilitation and simplification of the contract-making in practice. Albeit the decisive argument to include certain types of the contracts in the code should be the social practice, the inspiration coming from the European Union law needs to be seriously taken into consideration. The current systematization of the contracts in the Polish Civil Code has been rightly criticized for its chaotic and accidental structure. The new organization of the contracts should be based on the criterion of their subject matter and by bundling them into larger entity of text (the idea of groups of contracts). This idea (that may be traced already in the Polish Law of Obligations from the year 1933, in the new Hungarian draft and also in the Draft Common Frame of Reference) should be followed by the Polish legislator.