Concept of prospective regulation of contracts for cooperation : (with particular reference to civil partnership)

Bibliogr. s. 85-87

The category of "cooperation agreements" has no precise scope, although it is commonly used in legal language. Civil partnership, silent partnership, or empirical types of these contracts, such as consortium, are regulated inconsistently in particular jurisdictions and are subject to different assessments of legal doctrine. This is particularly visible in Polish law, which demonstrates several deficiencies in this regard, the most serious of which seems to be a discrepancy between the statutory definition of a civil partnership, which covers a wide range of different legal relations (subtypes of partnership), and the default (typical) structure of a civil partnership with its external aspects, characterized by organizational and property separation. A comparison of the results of this analysis with several foreign legal systems - including Germany, Austria, Switzerland, France, Italy, Russia, Lithuania, and Estonia - leads to the thesis that the existing model of regulation needs to be changed. In this regard, several variants of the scope and method of the future regulation are possible, inter alia those referring to the separation of the commonly identified subtypes of civil partnership or empirical types of cooperation agreements or uniform, general regulation combined with the distinction of the so-called detailed micro-parts. The basis for all presented variants is the assumption that what is common for various subtypes of cooperation agreements (currently in Poland: subtypes of civil partnership) is an internal, contractual obligation relation between partners, related to the pursuit of a common economic goal.