kontrakty

  • Konstytucyjne podstawy zasady swobody umów w kontekście różnorodności podmiotów prawa prywatnego

    Author: Bartosz Wiśniewski
    E-mail: 256972@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0003-2409-5369
    Year of publication: 2021
    Source: Show
    Pages: 119-132
    DOI Address: https://doi.org/10.15804/ppk.2021.01.07
    PDF: ppk/59/ppk5907.pdf

    The Constitution of the Republic of Poland does not contain a provision that would directly shape the freedom of contract as a rule of law. However, this principle is so important in the private law system that its constitutional origin is beyond doubt. This article is an attempt to establish the foundations of the principle of freedom of contract under the Constitution of the Republic of Poland and to show whether these grounds differ from each other depending on the type of entities that freedom inhere. For this purpose, the views presented in the doctrine were analyzed using the qualitative method. This allowed the thesis that the legislator shapes the foundations of the principle of freedom of contract for natural persons more widely than for other types of private law entities. This, in turn, in the author’s opinion, leads to legal inequalities and allows shaping further-reaching restrictions on the principle of freedom of contract in relation to private law entities other than natural person

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