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  1. 2 Forum Prawnicze

  2. 1 Studia Iuridica

Authors help

  1. 3 Adamczyk I.

Years help

  1. 1 2024

  2. 2 2023

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Protection of the debtor in the Polish Code of Obligations – the case of the assignment of claims

100%
Adamczyk I.
Studia Iuridica
|
2023
|
vol. 99
320-345
EN
In this article, the author discusses the sources of the protection of the debtor regarding the assignment of claims under the Polish Code of Obligations of 1933. In his study, he refers to Austrian, German, French, and Swiss law. The article considers also the regulation of the Franco-Italian Draft Code of Obligations of 1927. Subsequently, he presents the solution adopted in the Polish Code of Obligations in the context of the regulation of the aforementioned legal systems. For this purpose, the article is based on the legal state and the statements of the legal doctrine from the period before the entry into force of the Polish Code of Obligations.
2
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Spełnienie świadczenia do rąk osoby okazującej pokwitowanie wierzyciela - źródła regulacji w prawie polskim

81%
Adamczyk I.
Forum Prawnicze
|
2023
|
issue 5 (79)
86-98
EN
This article deals with the origins of the Polish regulation on fulfilling an obligation to the person bearing a receipt issued by the creditor. The article focuses primarily on the regulation set forth in the Polish Code of Obligations of 1933 and its impact on the Polish Civil Code of 1964. The authors of the Code of Obligations faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was of the way in which the authors of the Polish Code of Obligations addressed this issue can also be seen in the analyzed rules on the fulfillment of an obligation to the person bearing a receipt issued by the creditor. This article first presents the origins of this legal construction in the first German Commercial Code (Allgemeines Handelsgesetzbuch of 1861) and then looks at codifications and drafts which were relevant to the provisions adopted in the Polish Code of Obligations. Finally, the article seeks to demonstrate to what extent the regulations of the Code of Obligations have influenced the provisions of the Polish Civil Code of 1964.
3
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Źródła regulacji zarachowania świadczenia w polskim prawie zobowiązań

58%
Adamczyk I.
Forum Prawnicze
|
2023
|
issue 2 (76)
79-98
EN
This article deals with the origins of the rules on imputation of payments in the Polish law of obligations. These rules apply to the situation when there exist more contracts of the same type of performance between the same parties, and the performance of the debtor does not allow the discharge of all obligations. The article focuses primarily on the regulation existing in the Polish Code of Obligations of 1933. The authors of this Code faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was a great opportunity to create original new solutions. The importance of the way in which the authors of the Polish Code of Obligations created it, can also be seen in the analyzed rules on imputation of payments. This article first outlines Roman solutions as a common benchmark for European codifications of the Civil Law; then those codifications and drafts which were relevant to the rules got adopted in the Polish Code of Obligations. Finally, the article is aimed to show to what extent the regulations of the Code of Obligations have influenced the rules in the Polish Civil Code of 1964.
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