ABSTRACT
The Polish Civil Code of 1964 has been subject to many alterations that aimed at adjusting it to economic, social, and political transformations that took place since 1990 as well as to the law of European Union. Nevertheless, a group of Polish scholars is preparing an academic draft of a new Civil Code that is to replace the current codification.
One of the questions that the drafters must answer is how to limit the freedom of contract in the new codification – where the limitation should be located in the new Civil Code, what limits there should be, and how they should be defined.
The author evaluates the proposed regulation of the limitations of concluding any legal transaction proposed in the academic draft of the new Polish Civil Code by examining: (i) the current regulation of the limitations of freedom of contract in Polish law and the necessity to modify it; and (ii) the limitations of freedom of contract in the newest codifications of the law of obligations in Central and Southeast Europe (particularly, civil codes from Lithuania, Estonia, Czech Republic, and Hungary as well as the regulations on obligations from Slovenia and Croatia) and arguments supporting their adoption.
