O rozumieniu i znaczeniu słuszności w prawie prywatnym

Abstract

The article presents the essence and importance of private law, as part of the legal system in Poland. It discusses the most important theories which attempt to distinguish between the concepts of private and public law and seeks to define the role of the principle of equity, as an essential distinctive feature of private law. The article also describes the concept of equity in both old and modern civil law and answers the question of how to understand the principle of equity. Specific comments illustrate the operation of the principle of equity on the example of regulations containing general clauses.