Klauzule generalne i zasady słuszności

Abstract

One should distinguish adjudication on the rightness basis by using general clauses. General clauses are specific principles which constitute part of the legal system. Adjudication on the justice basis is to resolve a dispute in accordance with the principles of justice and fairness, regardless of the legal provisions. The principle of justice stems from interpretation of the law. The rules of social interaction are optional in relation to the law.