Subjects of Civil Law
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
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