Poland and the prospects of European private law : unification and the combined method of construing a contract

Bibliogr. w przypisach.

The question about Polish perspective on European private law deals with the possibility of common EU legal order or even common legal order within Europe itself that can be built on national legal traditions. The phenomenon of the decodification of private law well known in Europe for decades now has returned in Poland with the question: why have a new Civil Code? The codification on the European level which means preparing a European Civil Code is no longer expected even by the European Union. The civil code as such is not enough, and not useful even on national level. The truth of the matter is to find common legal framework that can empower legal science to judge and promote legal solutions within the Western legal tradition. In Polish legal science has been proposed a new approach that can combine the experience of ancient Roman law, ius commune and comparative law in order to bring together the European legal science and to strengthen the argumentative power of comparative law. The example of subjective-objective method of construction of contracts shows how important is to study the origins of modern legal solutions, to uncover differences within civil law traditions and similarities between common law and civil law orders. The new ius commune can be enhanced thanks to the legal framework of Roman law, historical argument and comparative law perspective.