The Constitutional Principle of Social Justice and Its Impact on the Understanding of Equity in Civil Law
- Institution: University of Białystok
- ORCID: https://orcid.org/0000-0002-0752-7708
- Year of publication: 2020
- Source: Show
- Pages: 367-378
- DOI Address: https://doi.org/10.15804/ppk.2020.06.30
- PDF: ppk/58/ppk5830.pdf
The subject of the article is an analysis of the impact of the constitutional principle of social justice on the understanding of the principle of equity in civil law and, consequently, on the practical application of regulations that contain the general clause governing the principles of social coexistence. Assuming a universal nature of the axiological basis of the legal system in Poland, and the radiation of constitutional principles and values onto statutory law, the author, using a method involving analytical and functional analysis of legal texts and court rulings, comes to the conclusion that adjudication in civil cases should, to some extent, in addition to protection of individual rights and interests, concern the protection of social interests.