An outline of civil law

elementary

enter learning outcome code/codes

Short description of the subject

Level: advanced

Goals: A student is to learn about the problems related to civil law and studies the law from the perspective of solving elementary cases in this matter. The syllabus is adjusted to the practical needs and it includes the necessary analysis of the court’s law-cases; especially the syllabus contains presentation of changes in the regulations, jurisdiction and the related literature. Also, it takes into account new legal solutions through their verification against the approach derived from the doctrine.

Preliminary requirements: A student should know the obligatory topics (according to the program of the studies) of specific fields of the civil law (i.e. the constitutional law and introduction to the legal science).

Description of the subject

Topics:

Topics of the lectures include legal interpretation of specific issues of the civil law.

Therefore, the scope of lectures contains: Notion, scope and principles of the civil law (subject, criteria defined by norms, unification and codification of the Polish civil law). Sources and determinants of the civil law contents (established law, custom and common law, references to extra-legal assessments and standards, function of jurisdiction in shaping the content of the law, the doctrine). Interpretation and application of the civil law (regulation vs. legal standard, interpretation and legal inference, intertemporal law). Civil law relationship (notion and elements, structure, subjects, civil law incidents). Subject law (definition of the law, notion, forms, kinds, types, execution, abuse, collision of laws, protection). Natural persons (legal capacity, capacity to undertake legal transactions). Notion and kinds of legal incapacitation. Legal protection of a consumer. Protection of personal properties. Place of inhabitation of a natural person. Recognition as a deceased. Death certificate. Legal entities (notion and kinds). National Treasury and its obligations. Organization of legal entities. Organizational units without legal identity. Subject of the civil law relation. Enterprise. Estate as property and other subject laws. Properties (division, elements, ownership, benefits). Characteristics of an enterprise as the subject of the civil law. Agricultural farm. Legal actions (notion, content, kinds, effectiveness). Statement of will. Entering a contract (place and time of entering a contract, offer and its acceptance, auction, tender, negotiations). Form of legal acts. Placing a statement of will. Defects of statements of will (unawareness or lack discretion, ostensibility, deceit, threat). Provision and term. Representation and authorization. Proxy (forms, kinds, annulment). Prescription of actions (notion, subject and effects; terms and procedures; prescription and its functions). Limitation (notion, subject and effects, terms and procedures).

Evaluation methods: The prerequisite for passing is the positive result of the oral examination. The examination covers the theory and the knowledge of cases.

Literature

Sources:

1. The Constitution of the Republic of Poland dated 2nd of April 1997, Journal of Laws No 78, entry 483 with amendments;

2. Act of April 23th, 1964, Civil Code, Journal of Laws No 16, entry 93 with amendments;

3. Act of November 17th, 1964, Code of Civil Proceedings, Journal of Laws No 43, entry 296 with amendments;

4. Act of July 6th, 1982, on mortgage and real estate registers, Journal of Laws;

5. Act of February 4th, 1994, Geological and mining law, Journal of Laws;

6. Act of March 2nd, 2000, on protection of selected rights of consumers and on responsibility for damage done by a hazardous product, Journal of Laws;

7. Act of December 15th, 2000, on housing cooperatives, Journal of Laws of 2003, no 119, entry 1116 with amendments;

8. Act of June 21st, 2001, on tenants’ rights protection, housing reserves of a community, and modification of the Civil Code, Journal of Laws No 71, entry 733 with amendments;

9. Act of July 18th, 2001, Water Law, Journal of Laws;

10. Act of February 28th, 2003, Bankruptcy and reparation law; act of October 29th, 1997,

Journal of Laws;

11. Act of July 28th, 2005, on court fees in civil trials, Journal of Laws No 167, entry 1398 with amendments;

Literature:

1.A. Bieranowski, The civil law. An outline of a lecture], M. Goettel (ed.), Warsaw 2009;

2.M. Nazar, T. A. Fiłipiak, J. Mojak, E. Niezbecka. The outline of the civil law, Lublin 2010;

3.Wolter A., Ignatowicz J.,The civil law. The general part;

4.Radwański Z., The civil law - the general part; Warsaw 2002

5.Ignatowicz J., Stefaniuk K., The property law];

6.Doliwa A., The property law], Warsaw 2004;

7.Gniewek E., The property law, Warsaw 2003;

8.W. Czachórski, A. Brzozowski, M. Safjan, E. Skowrońska - Bocian, Liabilities. The outline of the lecture, Warsaw 2007;

Supplementary literature:

1.Rudnicki S., The comment to the civil code. Volume two. Owneship and other property rights, Warsaw 2005;

2.Rudnicki S., The comment to the act on mortgage and real estate registers and to proceedings related to real estate registers, Warsaw 2005;

3.Doliwa A., The housing law. Commentary, Warsaw 2005.

4.Z. Radwański, A. Olejniczak,Liabilities. The general part, Warsaw 2005;

5.Z Radwański, J. Panowicz - Lipska, Liabilities. The specific part, Warsaw 2004;

6.Radwański Z., Zieliński M., Comments de lege ferenda about general clauses in the private law, „Przegląd Legislacyjny" 200l/nr 2;

7.Granecki P.,Personal goods in the Polish law – problems of personal goods of legal entities, PS 2002/no 5;

8.Radwański Z., Subjects of the civil law in the light of the civil code modified with the act of February 14th, 2003, PS 2003/nr 7-8;

9.Leszczyński L., SApplication of general reference clauses], Cracow 2000;