EN
The author presents issues in defining derivatives in both community and Polish law brought about by the fast development of the market for these instruments and the Commission’s reluctance to take a universal approach to defining them, which would depend on a definition that included all the common characteristics of derivatives, resulting from their financial-economic specifics and not using a closed catalogue of derivatives or the underlying instruments. Such a policy may lead to problems with transposing EU law on the financial instruments market on member states, including Poland.