Kodyfikacje prawa zobowiązań w Europie Środkowej i Południowo-Wschodniej w kontekście proponowanej regulacji swobody umów w nowym polskim kodeksie cywilnym

Bibliogr. s. 192-197

A group of Polish scholars is preparing an Academic Draft of a New Civil Code (ADCC) that is supposed to replace the current Polish Civil Code. The scholars are continuing the work started by the Polish Codification Commission of the Civil Law (an advisory body of the Minister of Justice) after the members of the Commission were relieved of their duties in December 2015. One of the questions that the drafters of the new civil code must answer is how to limit the freedom of contract in the new codification. The drafters must determine whether to explicitly articulate the principle of the freedom of contract in the new codification and how to limit it. Further, they must decide where to locate the provision prescribing the limitations, what acts they should apply to, what limitations should be provided and how to interpret them. Since 1990, the law in post-communist countries has been recodified to adjust to new economic, social and political conditions. The author presents the limitations of the freedom of contract adopted in the most recent codifications in Central and Southeast Europe in the context of proposals made in the (academic) draft of a new Polish Civil Code. In particular, civil codes from Lithuania, Estonia, the Czech Republic and Hungary, as well as acts regulating the law of obligations which entered into force in Slovenia and Croatia are considered. In addition, for purposes of comparison, the text briefly presents legal provisions adopted in selected instruments proposing the harmonization of European private law, as well as in the BGB, the Dutch Civil Code and the Civil Code of Quebec.