Reforma systemu kauzalności w prawie francuskim.

Autor: Hypiak, Paweł
Zdroj: Forum Prawnicze; 2024, Vol. 83 Issue 3, p66-82, 17p
Abstrakt: The 2016 reform eliminated the term cause from the French Civil Code. According to authors of the reform, it was intended to make the law simpler and more attractive, yet the functions of cause were to be retained. Concepts such as motive, aim, contrepartie convenue or contenu are even more ambiguous and obscure than the removed term. The aim of the article is to analyse the newly introduced regulations, including previous attempts to reform the French Civil Code and former regulation of the French Civil Code. As a result, the conducted research indicates that the reform did not eliminate the term cause from French civil law, because the content of new terms makes reference to the concept of cause still necessary. The manner in which the reform was carried out raises concerns that the reform contains loopholes. Additionally, the article discusses the differences and similarities between the Polish and French legal systems in the context of cause and its functions. Should the concept of cause in Polish law be abandoned? [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index