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1

Solidarność dłużników w świetle europeizacji prawa obligacyjnego

100%
Tereszkiewicz P.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 3
561-606
EN
The article analyses and evaluates the provisions on joint and several (solidary) liability, as laid down in the recent European and international model acts on contract law, in particular the Draft Common Frame of Reference and the Unidroit Principles of International Commercial Contracts. The analysis is undertaken from the perspective of Polish Civil Code of 1964, with a view to discussing whether the Polish regulation of joint and several liability should be modernized to keep up with internationally prevailing or emerging trends or solutions. The author concludes by claiming that the respective Civil Code provisions remain up to date and display high quality of drafting, requiring only minor adjustments, depending on regulatory choices that the legislators takes with view to solving specific issues relating to joint and several liability (e.g. consequences of a discharge of one of co-debtors for the position of other co-debtors; presumption of joint and several liability rather than liability pro rata).
2

Ius commune europaeum novum – budowa europejskiego systemu kompozytowego prawa prywatnego (cz. II).

51%
Ciszewski J., Kopka K.
Pieniądze i Więź
|
2012
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vol. 15
|
issue 1(54)
103-117
EN
It is a great challenge for European Union to develop the internal market. European market economy, based on principle of free transfer of goods, capital, labour and services, requires legal cohesion. Within integrated Europe 30 legal systems of private law (including legal autonomy of Catalonia and Scotland) exist. It is more like kaleidoscope of laws or legislative chaos than single market. Simultaneously, emerging economies might realise their full potential by taking advantage over Europe’s structural weaknesses. EU, in fact, has not created internal market yet. Without legislative unification Europe could slide into marginalisation, becoming western peninsula of the Asia economy. Now, it is the time, not for domestic legislative reforms (harmonisation), but for solid growth and internal legal cohesion. Our current era become a global one. Without a swift changeover of policy, EU can turn into a global loser. The role of mixed legal systems for integration of Europe and the “Olson’s problem” are assessed in this part of article.
3

Ius commune europaeum novum – budowa europejskiego systemu kompozytowego prawa prywatnego (cz. I)

51%
Ciszewski J., Kopka K. R.
Pieniądze i Więź
|
2011
|
vol. 14
|
issue 4(53)
202-213
EN
It is a great challenge for European Union to develop the internal market. European market economy, based on principle of free transfer of goods, capital, labour and services, requires legal cohesion. Within integrated Europe 30 legal systems of private law (including legal autonomy of Catalonia and Scotland) exist. It is more like kaleidoscope of laws or legislative chaos than single market. Simultaneously, emerging economies might realise their full potential by taking advantage over Europe’s structural weaknesses. EU, in fact, has not created internal market yet. Without legislative unification Europe could slide into marginalisation, becoming western peninsula of the Asia economy. Now, it is the time, not for domestic legislative reforms (harmonisation), but for solid growth and internal legal cohesion. Our current era become a global one. Without a swift changeover of policy, EU can turn into a global loser. The current state of work on European Civil Code, as well as the advantages of unification, will be analysed in the following article (Part One). The role of mixed legal systems for integration of Europe and the “Olson problem” will be assessed in the second part.
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