Subjects of Civil Law

Topics: Tax, Value added tax, Legal person Pages: 12 (2324 words) Published: March 10, 2011
Subjects of civil law
Two main types:
* natural persons
* legal persons
(or artificial person)
* Third category: “handicapped legal person”- ułomna osoba prawna Legal personality
Notion connected with:
* Legal capacity - ability to become the subject of rights and obligations * Capacity for legal acts - ability of obtaining rights and acquiring obligations by the person’s own actions Legal personality – legal person

* Legal persons always have:
* legal capacity
* full capacity to enter into legal transactions - by their organs Legal personality – natural person
* Natural persons always have legal capacity
* Have the capacity to enter into legal transactions:
* Full capacity
* after coming of age,
* not incapacitated (ubezwłasnowolnione)
* Limited capacity
* minors (over 13 years of age)
* partial legal incapitulation.
* Lack of capacity
* cannot conclude contracts

Contracts in Polish law
* Contract types
* Parties
* Liberty of contracts
* Form
* Defects in the declaration of intent (wady oświadczenia woli) * Concluding contracts

Contract types
* nominate
(named = nazwane)–regulated expressly by legal regulations * innominate (nienazwane) –regulated by practice due to the rule of freedom of contracts * mixed – includes provisions of nominate contracts and new elements Parties

* creditor – the party that gains rights
* debtor – the party that has an obligation

Principle of the performance of liabilites:
* The creditor may demand that the debtor provides a performance and the debtor should provide this performance according to the text of the contract in the place and at the time specified in the contract or law * The creditor should cooperate in the performance of the liability Liberty of contracts

* wide scope of contracting freedom -possibility of free shaping of contents * art. 3531 of the Civil Code:
* parties concluding the contract are allowed to arrange the legal relationship in the way they wish on condition that the contents or the purpose of that contract are not contrary to the nature of the relationship, statutory law, and the principles of community life * Freedom of choice of the other party

* Freedom to define the type and text of the contract
* Freedom to modify the contents
* Freedom of contract termination
* Freedom of the form
* art. 58 of the Civil Code:
* the act in law shall be void if it is inconsistent with the statutory law or is designed to avoid statutory law * The freedom of contracts is limited by rules protecting against exploitation

Limitation of the liberty of contracts
* Legal – specific legal regualtions (eg. form of real property contracts) * Nature of the relationship – the basic elements of the contract cannot be modified * Principles of social life – principles of ethics and honesty in concluding and respecting contracts

Form of contracts
* contracting parties are free to choose the form
- art. 60 of the Civil Code
* intention of a person performing an act in law may be expressed by any behaviour of that person which manifests that intention sufficiently Special forms of contracts
* in Polish law:
* written form
* “official authentication of date” form (authenticated date) * “official authentication of signature” form
* notary deed form (authenticated deed)
* If in another form
* non-existant
* cannot be used as evidence
* Cannot obtain the wanted effects

Concluding a Contract 2
* art. 69 of the Civil Code: acceptance by performance of the contract if in accordance with the contents of the offer * E.g. tram ticket
Examples of Contracts
* Contract of sale - most often concluded contract
By a contract of sale, the seller...
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