Abstrakt
The article contains an analysis and evaluation of the general clauses in the draft of the new Polish Civil Code. It describes, among others, the definition of the ?general clauses? as well as their function, with a particular emphasis on the necessity to develop a consistent and harmonized system of general clauses. The paper also addresses certain questions that belong to the theory and philosophy of law, such as interpretation of regulations, interpretation directives and the role of the entities applying the law. Furthermore, the description and evaluation of the current regulation of general clauses in the private law allowed to formulate de lege ferenda recommendations regarding the form of this institution in the new Polish Civil Code. The article also takes into consideration legal and comparative issues, primarily due to the fact that the draft proposal included in the First Book of the Polish Civil Code is largely based on the Dutch solutions. Finally, the paper discusses the initiatives undertaken
under the auspices of the European Union with the purpose of standardization of private law, in particular the non-binding Draft Common Frame of Reference.