Źródła zasady swobody umów oraz wybrane aspekty jej granic – w świetle orzecznictwa

Abstract

The article treats on one of the most important principle of the civil law, rising and concentrating mainly on two issues. First of all authors explain the source of the principle on freedom of contracts in Polish legal system, referring to the provisions included both within regulation of the Constitution of the Republic of Poland from 1997 and the Civil Code. Furthermore, the article raises problems which concentrate on the limitation of the principle on freedom of contracts, that exist within the Polish legal system, and which normative grounds are grounded in the article 3531of the Civil Code. The above issues are described on the basis of the jurisprudence of Polish Constitutional Tribunal, Polish Supreme Court and Polish Supreme Administrative Court, showing the differences, which appeared in the jurisprudence of the Courts, due to the understanding of the principle. Final conclusions are the current judgment of the Polish applicable provisions expressing the principle on freedom of contracts and its limitation, pointing the purposefulness of undertaking the legislative changes.