Respublica Polona curator morum. Le clausole generale di buona fede, di buoni costumi e di principi di convivenza sociale nel codice civile polacco e la loro interpretazione dalla Suprema Corte di Polonia

Resumen

In doctrine the general clauses are regarded as examples of relations between law and ethics. Their distinguishing character bases on undefined and inaccurate terminology that make an appraisal in order to determine fluid borderlines between what is lawful and unlawful. Polish legislator does not try to define precisely the meaning of individual general clauses as for example clause of good faith, clause of good customs, and principles of community life that are contained in the Code of Polish civil law. In this situation doctrine and Polish Supreme Court are burdened with necessity of making some clear definition of clauses. Author of this work tries to point out importance of above mentioned clauses in the light of doctrine and judicature. General clauses in the Polish civil law have one main purpose: to make law closer to the idealistic “just law”. The legislator acts as curator morum using various legal instruments to achieve desired effects and, on the other hand to eliminate out of legal system wrong customs and practices..