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Zaufanie a granice metodologii prawa prywatnego (na marginesie „Prawnych instrumentów ochrony zaufania przy zawieraniu umowy” P. Machnikowskiego

100%

Grochowski M.

Kwartalnik Prawa Prywatnego

2012

vol. 21

issue 4

1001-1016

The article discusses the problem of challenges for methodology of private law research, connected with border phenomena combining legal and extra-legal issues. The concerns in question are related not solely to the array of applicable instruments of analysis, but also to the fundamental issues of the nature of private law research and possible ways of its discourse with other disciplines of the humanities and social sciences. The remarks upon this questions has been founded upon the analysis of the problem of trust by concluding a contract in a monograph of P. Machnikowski. The article attempts to identify the core aspects of its methodological approach towards legal associations of trust – which may be rated among the aforementioned border questions – and show them against the broader background of private law research. The remarks focus primarly upon the interdisciplinary attitute towards these phenomena, presented in the P. Machnikowski’s monograph. It may be considered as the efficient and prospective way of handling research problems of such a heterogenous nature, providing more thorough perspective than a classical analysis of legal texts. Hence, it may supplement the classical dogmatic method, providing a deepened insight into private law questions with a view to their social context. As the book of P. Machnikowski illustrates, it may help to integrate different legal institutions playing alike or complementary roles in the legal system and to seize their implicit interdependences and functions – not always apparent in terms of dogmatic construction. In this way, the interdisciplinary approach towards private law problems may provide useful practical tips for law-making and judicial interpretation. Last but not least, given this methodological background, the article examines also possible further steps in analysing the problem of trust, sketched by the monograph. It tends primarly to identify more general instruments (for instance, estoppel as a specific case of abuse of rights), which, potentially, could be used to fill gaps in more tailor-made legal mechanisms.

Między dogmatyką i metodą. Polskie podręczniki do części ogólnej prawa cywilnego i ich ewolucja

88%

Grochowski M.

Kwartalnik Prawa Prywatnego

2019

vol. 28

issue 4

853-883

The text addresses the evolution of Polish handbooks on the general part of private law, which were published in the interwar period and throughout the second half of the 20th century. It builds on the history of “Civil law. General part”, a handbook initially authored by Aleksander Wolter and subsequently amended and updated by Jerzy Ignatowicz and Krzysztof Stefaniuk. With its newest edition (of 2017), it is the longest-standing handbook on Polish private law, which has been in use for almost 70 years. The handbook has been used not only for academic teaching purposes, but also as a sophisticated and in-depth handbook on the general part of civil law (and the civil law as such). The text attempts to sketch an “intellectual biography” of the handbook, against the backdrop of legal literature of that era. In particular, it attempts to allocate A. Wolter’s handbook vis-à-vis the underlying question, whether and to what extent the handbooks on the general part of civil law should be shaped purely as teaching materials or as more substantial “research handbooks”, which present the core principles and the core conceptual and methodological premises of the discipline. In so doing, the text attempts to understand how the choice of a deeper and more elaborate structure of the handbook, made in mid-1950s by A. Wolter and preserved in the next editions of the book, was contingent on the specific way of the development of Polish civil law throughout the 20th century. Finally, the article attempts to map the current role of the handbook in the landscape of Polish civil law and to assess its topicality for the current developments in the methodology of research.

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2 Kwartalnik Prawa Prywatnego

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1 2012

2 Grochowski M.

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Zaufanie a granice metodologii prawa prywatnego (na marginesie „Prawnych instrumentów ochrony zaufania przy zawieraniu umowy” P. Machnikowskiego

Między dogmatyką i metodą. Polskie podręczniki do części ogólnej prawa cywilnego i ich ewolucja