Krytyka Prawa. Niezależne studia nad prawem

Excess or Deficiency of Regulations of the Commercial Activities Law in the Civil Code?

Bielski, Piotr

The WSB University in Gdańsk

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Abstract

The author of the paper understands the term of “excess of legal regulations” as the situation of imposition of regulations governing a specific institution of the com-mercial activities law under the Civil Code, which are fully or partially obsolete from the point of view of the needs of contemporary business trading. The term of “deficiency of legal regulations”, in turn, is to denote a complete lack of a regula-tion of a specific institution of the commercial activities law as may be desired in the domain of contemporary business trading, or the existence of such a regulation but in a form that is limited, incapable of addressing the needs and challenges of the said domain. When it comes to the legal regulations of the commercial activi-ties law, the author argues that it is hard to regard the current legal situation in Poland as successfully fulfilling the requirements of a coherent legal system and of the legis­lative technique principles that are applied therein. In the text, the author provides a detailed explanation of why commercial activities governed by the Civil Code suffer from a substantial deficiency of legal regulations in the scope in question.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 11 
Issue 4 
Issue date 12/2019 
Type Article 
Language en
Pagination 21-32
DOI 10.7206/kp.2080-1084.339
ISSN 2080-1084
eISSN 2450-7938