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Sposoby jednostronnej rezygnacji ze stosunku zobowiązaniowego zlecenia, ze szczególnym uwzględnieniem art. 746 kodeksu cywilnego

100%
Tracz G.
Kwartalnik Prawa Prywatnego
|
2023
|
vol. 32
|
issue 2
287-322
EN
In Article 746 of the Civil Code two types of termination of the mandate are regulated, which are the right to terminate at any time and termination for important reasons. They are regulated differently for paid and unpaid orders. The right to terminate the notice at any time in a paid order results in the termination's liability for damages towards the addressee of the termination. However, this liability does not arise when a free order is terminated, and also in the case of termination of an order for consideration, but at the same time indefinitely and of a continuous nature, which is subject to the provisions of Article 365 § 1 of the Civil Code Article 746 § 1 and 2 of the Civil Code is of a dispositive nature, therefore the parties to the engagement may shape the right to terminate and its effects differently, or even excludeit. However, the exclusion of liability for damages of the person terminating the order requires a clear determination of the parties to the order's obligation. Therefore, such arrangements regarding notice periods or the conditions for its submission do not have the value of conclusive exclusion of claims for damages due to the addressee of the notice, or any other claims provided for in this provision. However, these rules do not apply to perpetual obligations of the order of a continuous nature, to which the mandatory is Article 365 § 1 of the Civil Code Termination of a paid order for important reasons releases the terminating party from liability for damages towards the addressee of the termination. Important reasons include a general clause, the current understanding of which should be significantly narrowed down only to the events constituting a failure to perform the performance as well as other types of breach of obligation, which is such that the other party cannot be expected to remain in the contractual relationship. Considerations on the termination of a free of charge or paid and indefinite order for important reasons, from which the resulting obligation is of a continuous nature, are irrelevant, because these obligations can be terminated at any time, which does not result in the termination's liability for damages towards the addressee of the termination. Termination of the mandate obligation for important reasons has been regulated in an absolutely binding provision. This means that this right can be neither waived, nor modified to the extent regulated in the Act, i.e. providing for, among others: immediate effect of such termination
2
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Sytuacja prawna byłych właścicieli nieruchomości ziemskich w III Rzeczypospolitej

100%
Tracz G.
Forum Prawnicze
|
2016
|
issue 4 (36)
3–29
EN
The Polish Committee of National Liberation’s Decree on Land Reform of 6 September 1944 was of principally political significance and the adoption thereof, irrespective of changes made to the agrarian structure in existence theretofore in the Polish countryside, served primarily to facilitate the seizure of power in Poland by communists following the conclusion of World War II. The Decree resulted in the elimination of the class of landowners. The fundamental ramifications of the decree are yet to be unequivocally explained, and doubts keep abounding. The case law of the Supreme Court, the Constitutional Court and the Supreme Administrative Court only deepens the sense of uncertainty. The paper offers a critique of the cases and proposes a novel method of construction of relevant legal norms so that the current legal situation of former landowners or their heirs may be clearly determined.
3
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Konsekwencje dekretu PKWN wobec ziemiaństwa a dzisiejsze rozumienie państwa prawa

100%
Tracz G.
Forum Prawnicze
|
2016
|
issue 5 (37)
3–30
EN
The article continues to analyze present constitutional and civil law consequences of communist decrees 1944–45 for landowners. The author suggests that the landowners and their heirs should use civil procedure for seeking restitution as they should vindicate movables and real estates. The practice of the agrarian reform in Poland after World War II often violated the law binding at that time, especially when seizing mansions and parks, and the property placed there. The author is convinced there is no important reason not to control constitutionality of the regulations today, i.e. not according to ‘constitutional standards’ of the after-war communist period, but under the democratic rule of 70 years later. There is, however, no doubt that the acquisition of land by peasants was legal at the time of the reform. Now, their ownership cannot be questioned and it has to be considered legitimate.
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