Introduction to Polish Civil Law 2200-FOR1

Description of the course:

The objective of the course is to:
1. Present in a systematic manner the knowledge required for the student to get credit for the course.
2. Discuss Polish civil law in the context of the entire system of Polish law and its international aspects.
3. Let the student get acquainted with the current jurisprudence of the Supreme Court.
4. Provide orientation to the foreign students in those aspects of Polish civil law which they are likely to need if and when they deal with Polish law in a professional context.
5. Invite the student to reflect upon affinity of Polish civil law with other European legal systems.
6. Help the students build up their understanding of those processes in Europe that signify a gradual emergence of a ius commune europaeum.

The following topics will be discussed:

1. Introduction. General introduction to the course and reading materials. Guidelines as to the study of Polish cases and materials. The concept of praesumptio similitudinis as a premise of modern comparative law and its relevance for foreign students of Polish civil law. The position of civil law in the Polish legal systems. The Constitution and the Civil Code. The court system and the legal professions.

2. A Historical Perspective on Polish Civil Law. The unification of private law in the Second Republic (after WWI): the first Codification Commission and its achievements. The Code of Obligations 1933 and The Commercial Code 1934. Family Law. The unification efforts in the late 1940s and early 1950s. The Civil Code of 1964. The subsequent amendments to the Code, especially those after 1989. Modernization of Polish civil law prior to and following Poland's accession to the EU.

3. The Polish Civil Code and Its Principles. The Polish Civil Code: its structure, principles and basic concepts. Legal definitions, presumptions, references. The doctrine of freedom of contract, protection of property and abuse of right.

4. Natural and Legal Persons. Natural persons: the birth and death of a natural person. Pre-natal torts. The legal status of nasciturus. Missing persons. Personal interests. Legal capacity. Incapacitation. The normative concept of a legal person. The National Court Register as a source of information on legal persons. The State Treasury.

5. Personal interests. How the law on personal interests is developed by the courts.

6. Representation and the power of attorney. How Polish civil law protects trust and confidence. Practical aspects of the granting of a power of attorney.

7. Juridical acts. The concept of juridical acts (unilateral and contracts). Validity. Void and voidable juridical acts. Mistake, duress.

8. The Law of Property (1) The concept of property under Polish law. Movable things and real estates (land, buildings, premises). Supreficies solo cedit and exceptions to the rule. Two types of co-ownership. Perpetual usufruct as a type of interest in land. Easements.

9. The Law of Property (2) How can titles be acquired: transactions involving land and the concept of causa. Can valid title be acquired from a non-owner. Prescription: good and bad faith possession.

10. Contract. Freedom of contract. Rules of interpretation of contracts. Fairness in contract law. Formation of contracts: offer and acceptance, negotiations, tender. Peculiarities of relations between professionals.

11. Consumer contracts. Implementation of European directives in Polish law.

12. Delict. The concept of illegality of acts or omissions leading to liability in delict. Liability based on fault and liability based on risk. The standard of care.

13. The Polish Family law. Who may enter into marriage under Polish law. How can marriage be celebrated. Personal and financial arrangements between husband and wife. Fatherhood and motherhood. Legal issues involved in cohabitation without marriage.

14. The Polish Law of Succession. Testamentary and non-testamentary succession. What is a valid testament under Polish law. Protection of the interests of family members. Charitable causes.

15. Fairness in Polish civil law. General conclusions.

Type of course

obligatory courses
elective monographs
foreign languages

Mode

Classroom

Requirements

Civil Law I

Prerequisites

Civil Law I

Prerequisites (description)

The lecture is offered to foreign students who study at the Law Faculty as part of their Erasmus Programme. The objective of the lecture is to present to the foreign students the structure and institutions of Polish civil law, and its affinity with European legal systems. Comparative observations will be made in order to facilitate understanding of the topics discussed. A historical perspective will be introduced, and the on-going programme of reform will be discussed. The Course also aims at providing the foreign students with some practical information they will need if and when they deal with Polish law in a professional context of providing legal advice to their foreign clients and when they cooperate with Polish counsel. The class is intended for the students in their 3rd, 4th and 5th year of studies. The students will have covered the foundations of Civil law and European legal history in their home countries. Polish students who wish to gain a comparative perspective on Polish civil law and enhance their competence in the use of English for law may also participate.

Learning outcomes

At the end of the course the students will achieve the following:

1) Knowledge-based results:
a) they will know how the fundamental concepts of Polish civil law
b) they will recognize how the various elements of the legal system in this area are interconnected
c) will know the international aspects of transactions with a Polish component.

2) Skills-based results
a) they will be able to identify the legal issues that arise where aspects of Polish law of property, obligations and family and succession law arise
b) they will be able to identify the basic solutions offered by Polish civil law in those areas.

3) As to the student’s approach to the issues covered:
a) they will appreciate the variety of views and justification for different, sometimes divergent, solutions and opinions
b) will be able to undertake a comparative law based analysis of the issues involved, drawing from their national laws.

Assessment criteria

Assessment is based on the student's familiarity with the recommended reading, participation in discussion in class, test and their own work to prepare and present an essay. The students will have time to prepare home essays based on the lectures and literature and cases. In-class final test will be offered.

Practical placement

Internships are not planned.

Bibliography

W. Dajczak, A. Szwarc, P. Wiliński, Handbook of Polish Law, Warszawa - Bielsko Biała 2011

S.Frankowski, Introduction to Polish Law, Kantor Wydawniczy Zakamycze, Kluwer Law International, 2005.

T. Guz, J. Głuchowski, M.Pałubska (eds.), A Synthesis of Polish Law, Peter Lang Internationaler Verlag der Wissenschaften, Frankfurt am Main, 2009, Part 1 – pp. 742, Part 2 – pp.411.

M. Liebscher, F. Zoll, Einführung in das polnische Recht, C.H. Beck, München 2005.

The Civil Code, E. Kucharska (transl.), C.H. Beck, Warszawa 2012.

Further reading:
I. C. Kamiński, The Power of Aspiration. The Impact of European Law on a Non-EU Country, in: M. van Howecke, F. Ost, The Harmonisation of European Private Law, Hart Publishing, Oxford, 2000, p. 239-252;
K. Michałowska, Evolution of Party Autonomy in a Legal System under Transformation - Recent Developments in Poland under Special Consideration of the Package Travel Directive, in: G. Howells, A. Janssen, R. Schulze, Information Rights and Obligations. A Challenge for Party Autonomy and Transactional Fairness, Ashgate, 2005, p. 33-45;
B. Lewaszkiewicz-Petrykowska, La responsabilité délictuelle fondée sur le principe du risque, in: G. Weick, Entwicklung des Deliktsrechts in rechtsvergleichender Sicht. Evolution de la responsabilité délictuelle en droit comparé, Alfred Metzner Verlag, Frankfurt am Main, 1987, pp. 183-207;
H. Koziol, Liability Based on Fault: Subjective or Objective Yardstick, Maastricht Journal 5 (1998);
A. Mączyńsski, Die Konkordatsform der Eheschlissung im polnischen Recht, in: H.-P. Mansel (Ed.), Festschrift fuer Erik Jayme, Sellier, 2004, pp. 1513-1525;
K. Michałowska, Polonia, in: F. Burnetta d'Usseaux, Il Diritto di Famiglia nell'Unione Europea, Cedam, 2005, pp. 253-280;
S. Whittaker, R. Zimmermann, Good Faith in European Contract Law, Cambridge University Press, 2000.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2200-FOR1 in USOSweb