Prawdziwość firmy jako gwarancja zasady pewności i bezpieczeństwa obrotu

Abstract

In the field of private economic law transaction security becomes of a particular value due to constant endeavor to minimize economic risk which burdens anyone taking up a business activity. It is commonly believed that trust is an undeniable quality as it forms the basis of the entire social life. Considered from the point of view of the individuals searching for security, the principle of transaction security may be conceived as the principle of law certainty and the principle of trust protection. These two elements, i.e. the availability of knowledge about valid legal regulations as well as the provision of legal protection for those who in their actions trust the State and the laws it makes, as well as for the actions of other people, constitute main components of the “transaction security” Private economic law contains many rules which serve the implementation of the principle of transaction certainty and security. Free access to data and their transparency in particular are provided by various kinds of legal institutions. All these rules are to strengthen trust and condition legal transactions certainty. The principle of transaction certainty and security finds it “natural environment” in the field of private law as it contains, among all branches of law, the most flexible instruments to look for solutions adequate to a legal situation of a subject in every situation. For this reason, this variety and flexibility of civil law institutions require particularly strong respect for values connected with legal security.