Original scientific paper
https://doi.org/10.3935/zpfz.73.4.01
The Idea of Obligation in Polish Law
Wojciech Dajczak
orcid.org/0000-0002-1565-0319
; Faculty of Law, Adam Mickiewicz University in Poznań, Poznań, Poland
Abstract
In Western legal tradition jurisdictions, the transition from the Roman idea of obligatio to the doctrine of the legally binding relationship was not a universal process. Anglo-Saxon lawyers discuss contract and tort theories separately. Different doctrines have emerged from the development of the theory of the legally binding relationship in the Civil Law Tradition. This article shows how this process has played out in the Polish legal discussion. The specific premises of the Polish legal experience were that applied Roman law had little influence in Poland until the end of the 18th century, Austrian law served as the foundation for the development of the Polish doctrine of the legally binding relationship, the Polish Code of Obligations of 1933 replaced French, Austrian, German and Russian law on Polish territories, and the development of the Polish theory of private law after WWII was influenced by the dominance of Marxist theory. Consequently, the Polish legal experience provides a particular perspective on the premises supporting or blocking the relationship between the doctrine of legally binding relationships and social reality.
Keywords
obligation; legally binding relationship; civil law tradition; legal positivism: extra-legal values
Hrčak ID:
309809
URI
Publication date:
15.11.2023.
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