The Transformation of Private Law
type: channel
description: The purpose of the journal is to record the developments in the field of the civil law including the latest legislative changes, to research the impact of new technologies and social changes on the private law and its institutions, and to accentuate the doctrine of the private law of Central and Eastern Europe and emphasize its unique character in the international discourse. The journal is co-financed by the Ministry of Education and Science, within the aid granted under the program "Development of scientific journals on the basis of contract no. RCN/SP/0308/2021/1 of 6 March 2023 and by the Faculty of Law and Administration under the Strategic Programme Excellence Initiative at the Jagiellonian University.
publisher: Uniwersytet Jagielloński
language: en
publication name: The Transformation of Private Law
issn: 1641-1609
items: Rights of Dissolution, Termination, Avoidance and Beyond in Multi-Party Contracts and Obligations. Between Myth and Legal Uncertainty?
items: Is Free Will a Fiction? A Review Article on Sapolsky’s Monograph — Determined
items: ELI-Mount Scopus European Standards of Judicial Independence
items: The (Lack of) Regulation of Intestate Succession for Unmarried Partners in Europe
items: Reviewers
items: Replacing the Institution of Incapacitation with the Supported Decision-Making Model
items: https://journals.law.uj.edu.pl/TPP/en/article/view/1340
items: Preparatory Sessions as a Method of Alternative Dispute Resolution in Civl Court Cases
items: Tokenization of Shares as an Example of Asset Tekonization - Comparative Reflections
items: The Construction of Copyright Relinquishment in the Polsih Legal Order
items: https://journals.law.uj.edu.pl/TPP/en/article/view/1299
items: The Rebus Sic Stantibus Clause - an Economic and Legal Understanding of an Extraordinary Change in Relations in the Face of Post-2020 Socio-Economic Change
items: Admissibility of Acquisitive Prescription of Land Easements in Comparative Perspective
items: Usucaption of agricultural real estate and its limitations in the light of the introduction, validity and derogation of Art. 172 § 3 of the Civil Code
items: Construction of the Value Chain in the Directive on Liability for Defective Products - a Comparison of Directive 85/374/EEC and Directive 2024/2853
items: Review of the Monograph by Karolina Panfil Withdrawal from a Contract as a Sanction for Breach of Contract Published by Wolters Kluwer in Warsaw in 2018 with 440 Pages
items: The AI Liability Directive and German Law
items: Private Law Aspect of Dumpster Diving - Remarks on the Polish and German Law Examples
items: Can a Legal Entity Claim Adequate Compensation under Czech Law in the Event of Infringement of Its Good Reputation?
items: Separate Proceedings with the Participation of Consumers - Strengthening the Legal Protection of Consumers in Civil Procedure or Complicating the Examination of Cases with Their Participation?
items: Permissibility of Acquisition of Ownership of Author's Economic Rights Not Belonging to the Bankrupt by a Third Party and the Principle of Nemo Plus Iuris
items: Considerations of Exploitation (Article 388 of the Polish Civil Code) from the Perspective of Austrian Law and Jurisprudence
items: Non-adoption and Untimely Adoption of the Resolution to Grant Shares in Exchange for Capital Bonds
items: The Family Foundation Established in the Last Will
items: Proposal for an amendment to Directive 771/2019 - Modification of the right to choose between subsequent delivery and rectification from the perspective of environmental compatibility
items: Concept of Divisibility of the Performance
items: Tortious Liability Regime for Medical Devices Using Artificial Intelligence. Analysis of Current Solutions
items: Consequences of the Ineffectiveness of Non-negotiated Terms in Consumer Contracts, Only in Relation to the Main Obligations Arising from the contract
items: Online Platforms and Copyright: Analyzing the Liability Regime under the Digital Single Market Directive and the Digital Services Act in the Light of CJEU Jurisprudence
items: A consumer participation in separate proceedings: a critical evaluation

Rights of Dissolution, Termination, Avoidance and Beyond in Multi-Party Contracts and Obligations. Between Myth and Legal Uncertainty?
type: item
description: The aim of the article is to examine the commonly accepted view in doctrine and jurisprudence that, in the case of a multi-party side of an obligation, the exercise of the right to terminate, the right to avoid the contract, or any similar rights requires the involvement of all entities forming such a party. The starting point for the analysis is the recognition that the dominant view is based on an unverified assumption: that the rights in question are always attributed jointly to the entire „collective” party to the obligation. This assumption appears to be false. The author proposes abandoning the a priori assumption about the joint character of the aforementioned rights in multi-party obligations. He suggests replacing it with a purposive interpretation of each provision granting these rights, considering each separately as a tool for determining the holder of the right. The purposive interpretation of selected provisions discussed in the article (e.g., those concerning defects in declarations of will) indicates that their ratio legis supports the hypothesis that the legislator grants some of these rights individually to particular entities forming part of the multi-party side of an obligation. The practical consequence of this conclusion is that these rights may be exercised by such entities individually, without the consent of the remaining entities forming part of the multi-party obligation.
subject: Artykuły
  topic: section
subject: multi-party contracts and obligations
  topic: keywords
subject: dissolution rights
  topic: keywords
subject: termination rights
  topic: keywords
subject: avoidance
  topic: keywords
subject: consortium of companies
  topic: keywords
creator: Radosław Strugała
rights: Copyright (c) 2026 The Transformation of Private Law
date: 2025-12-30
publication date: 2025-12-30
starting page: 73
ending page: 102

Is Free Will a Fiction? A Review Article on Sapolsky’s Monograph — Determined
type: item
description: The article offers a review of Robert Sapolsky’s monograph Determined: A Science of Life without Free Will. The book clearly represents one of the most consistent contemporary attempts to deny the existence of free will, drawing on extensive evidence from neuroscience, psychology, biology and sociology. The review discusses Sapolsky’s principal theses and analyses their implications for fundamental constructs of private law, such as autonomy of will, intention, consent, mistake and tort liability. It identifies both the reductionist limitations of Sapolsky’s position and its inspirational value, which encourages a reconsideration of classical private-law categories in light of contemporary knowledge about the determinants of human behaviour. The article situates the monograph within the broader interdisciplinary debate on free will and emphasises its relevance for the further development of private-law theory.
subject: Artykuły
  topic: section
subject: free will
  topic: keywords
subject: determinism
  topic: keywords
subject: neuroscience
  topic: keywords
subject: private law
  topic: keywords
subject: autonomy of will
  topic: keywords
subject: declaration of will
  topic: keywords
subject: contract
  topic: keywords
subject: intention
  topic: keywords
subject: tort liability
  topic: keywords
creator: Ewa Rott-Pietrzyk
rights: Copyright (c) 2026 The Transformation of Private Law
date: 2025-12-30
publication date: 2025-12-30
starting page: 49
ending page: 72

ELI-Mount Scopus European Standards of Judicial Independence
type: item
description: Translation into Polish of the official version of the ELI-Mount Scopus European Standards of Judicial Independence published by the European Law Institute (ELI) — The Translator gratefully acknowledges the permission to translate the text given by the ELI on 27th May 2025. Polish not being a working language of the ELI, the ELI assumes no liability for any errors, omissions, or ambiguities in the translation.
subject: Artykuły
  topic: section
creator: Europejski Instytut Prawa (European Law Institute)
creator: Anna Jelonek
creator: Julia Krząkała
creator: Patryk Mroczek
creator: Fryderyk Stanisław Zoll
rights: Copyright (c) 2026 The Transformation of Private Law
date: 2025-12-30
publication date: 2025-12-30
starting page: 103
ending page: 200

The (Lack of) Regulation of Intestate Succession for Unmarried Partners in Europe
type: item
description: The increasing numbers of unmarried partnerships, the introduction of legislation affecting unmarried partners’ legal position, and the growing inclusiveness of succession law lead to a question: Should unmarried partners also be among each other’s intestate heirs? The majority of European countries do not provide for unmarried partners to inherit from one another in intestacy. Only some jurisdictions grant rights or claims to unmarried partners in intestacy; from the European perspective, such provisions are both exceptional as well as innovative. They are also largely unexplored in international legal literature. Thus, the first aim of this paper is to collect and analyze the relevant provisions from across Europe. Accordingly, the discussion begins with a systematic overview of the rights and claims currently available to unmarried partners in Europe in intestacy (Part I). This part of the publication comprises four sections: The first two provide an overview of the different types of intestate rights unmarried partners can exercise; the third and fourth survey the claims they can pursue. Part I concludes by stressing the profound diversity of the various legal solutions across Europe. The second aim of this paper is to support efforts to draft legislation to grant intestate rights or claims to unmarried partners to remedy the current situation in which unmarried partners do not inherit from each other in most European jurisdictions. Based on the overview provided in Part I, Part II therefore examines the policy questions (and challenges) that legislators must consider and address when regulating entitlements for unmarried partners. It emphasizes that there is no universal solution that could be implemented in every country; the introduction of rights or claims for unmarried partners must be preceded by consideration of the unique legal and socio-cultural framework in a given jurisdiction and must be harmonized with other succession-law rights and claims availabl…
subject: Artykuły
  topic: section
subject: unmarried partners
  topic: keywords
subject: unmarried partnership
  topic: keywords
subject: de facto marriages
  topic: keywords
subject: marriage-like relationships
  topic: keywords
subject: succession law
  topic: keywords
subject: intestate law
  topic: keywords
subject: Europe
  topic: keywords
subject: intestate rights
  topic: keywords
subject: claims on intestacy
  topic: keywords
creator: Dorota Miler
rights: Copyright (c) 2026 The Transformation of Private Law
date: 2025-12-30
publication date: 2025-12-30
starting page: 5
ending page: 47

Reviewers
type: item
description: List of Reviewers for Transformacje Prawa Prywatnego 2025
subject: Artykuły
  topic: section
rights: Copyright (c) 2026 The Transformation of Private Law
date: 2025-12-30
publication date: 2025-12-30

Replacing the Institution of Incapacitation with the Supported Decision-Making Model
type: item
description: Because Polish regulations concerning the institution of guardianship, which automatically deprive individuals of decision-making autonomy, are inconsistent with international human rights standards, legislative work is underway in Poland to replace this institution in the civil law system with a model of supported decision-making. The aim of this publication is to analyze the draft Act on supported decision-making instruments. Specifically, the analysis is conducted within the context of the civil law system. The publication also presents a characterization of the proposed supported decision-making instruments.
subject: Artykuły
  topic: section
subject: capacity to perform legal acts
  topic: keywords
subject: incapacity
  topic: keywords
subject: civil law system
  topic: keywords
subject: registered power of attorney
  topic: keywords
subject: legal assistance agreement
  topic: keywords
subject: curator
  topic: keywords
creator: Przemysław Wołowski
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-09-30
publication date: 2025-09-30
starting page: 73
ending page: 101

https://journals.law.uj.edu.pl/TPP/en/article/view/1340
type: item
title: Creditor Protection Institutions of a Cross-Border Transformed Company in the Light of Directive 2019/2121 of the European Parliament and of the Council of 27 November 2019 and the Polish Commercial Companies Code
description: The article defines the concept of "cross-border conversion", taking into account the influence of the case law of the Court of Justice of the European Union (CJEU) on the development of this notion. It then outlines the phases of cross-border corporate operations, allowing for a more precise identification of potential instruments for the protection of creditors at each stage of the conversion procedure. The subsequent part of the analysis highlights the risks that cross-border conversions pose for creditors and discusses the principle of continuity and its impact on their legal position. Furthermore, the study presents creditor protection mechanisms provided under both EU law and the Polish Commercial Companies Code. The article focuses primarily on substantive law instruments, while also including references to procedural law and conflict-of-laws rules where relevant.
subject: Artykuły
  topic: section
subject: creditor protection
  topic: keywords
subject: cross-border conversion of a company
  topic: keywords
subject: Directive 2019/2121
  topic: keywords
subject: continuity principle
  topic: keywords
subject: solvency declaration
  topic: keywords
creator: Rafał Pietraszuk
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-09-30
publication date: 2025-09-30
starting page: 33
ending page: 71

Preparatory Sessions as a Method of Alternative Dispute Resolution in Civl Court Cases
type: item
description: The aim of this article is to answer the following questions: Has the newly introduced institution of preparatory sessions in the Code of Civil Procedure achieved the objective of reducing the duration of civil proceedings, as intended by the amendment? Are the legal regulations governing preparatory sessions adequate to achieve this goal, and if not, in what direction should they be amended? What does a model preparatory session look like? In this study, the author presents the origins of the legal provisions governing preparatory sessions and interprets these provisions. The study analyzes data regarding the number of scheduled preparatory sessions and their outcomes. Furthermore, the study highlights common practical problems associated with organizing preparatory sessions and proposes ways to address them. These issues are particularly significant given the lack of detailed research on this topic and the scarcity of literature in the field. The study offers conclusions on whether it is worthwhile to organize preparatory sessions and, if so, how they should be conducted, as well as the impact of such sessions on the subsequent course of court proceedings and the overall number of cases. The author presents her perspective on the direction of legislative changes that could fully harness the potential of this institution to significantly reduce the duration of civil court proceedings. In conducting this analysis, the author relies on the practices of Polish courts, including a survey of civil judges. The study employs both the dogmatic method and sociological methods of legal research, such as surveys and interviews. Due to its limited scope, this study does not aim to be exhaustive. Its purpose is to outline the topic and associated issues, identified based on the author's professional experience as a civil judge, and to propose solutions.
subject: Artykuły
  topic: section
subject: the right to a court
  topic: keywords
subject: the right to have a case heard without undue delay
  topic: keywords
subject: mediation
  topic: keywords
subject: alternative dispute resolution methods
  topic: keywords
subject: informational meetings
  topic: keywords
subject: preparatory sessions
  topic: keywords
subject: a trial plan
  topic: keywords
subject: ADR
  topic: keywords
subject: the methodology of a judge's work
  topic: keywords
subject: mediation and negotiation techniques in the courtroom
  topic: keywords
creator: Ewa Drzewiecka
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-09-30
publication date: 2025-09-30
starting page: 5
ending page: 31

Tokenization of Shares as an Example of Asset Tekonization - Comparative Reflections
type: item
description: The concepts of distributed ledgers and blockchain technology have been a subject of doctrinal discussions in Poland and abroad for several years. Closely related to these technologies is the notion of tokenization, which involves the representation of property rights through entries in distributed ledgers. This concept is gaining increasing traction. Technological innovations are not entirely foreign to the Polish legal system, as demonstrated by Article 3281 § 3 of the Code of Commercial Companies, which allows the shareholders' register to take the form of a dispersed and decentralized database. Consequently, it can be inferred that shares of Polish joint-stock companies may be subject to tokenization. However, the concise nature of this provision has given rise to several uncertainties, as noted by legal scholars. This paper aims to evaluate the framework established in the Code of Commercial Companies, particularly in terms of its ability to provide a robust legal foundation for the effective operation of shares within distributed ledger environments. The paper also includes comparative analyses of the German and Swiss legal systems, which permit the existence of securities in distributed ledgers. Finally, the paper offers de lege lata and de lege ferenda proposals.
subject: Artykuły
  topic: section
subject: blockchain
  topic: keywords
subject: distributed ledger
  topic: keywords
subject: shares
  topic: keywords
subject: securities
  topic: keywords
subject: token
  topic: keywords
subject: tokenization
  topic: keywords
creator: Kacper Wosiak
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-03-28
publication date: 2025-03-28
starting page: 85
ending page: 107

The Construction of Copyright Relinquishment in the Polsih Legal Order
type: item
description: Some time ago, the academic community of Western research centres began examining the possibility of the definitive relinquishment of copyrights (both economic and moral rights) by virtue of the author's will, which led to WIPO reports adopting a comparative approach to this issue. The Polish doctrine has paid relatively little attention to the subject of copyright relinquishment, effectively marginalising the issue; hence the need for this study. This article briefly outlines the concept of copyright relinquishment, which allows an author to voluntarily relinquish the copyright to their own work, thereby placing it in the public domain and making it non-appropriable. The article then examines various solutions in foreign legal systems, either directly referencing this concept (e.g., Colombia, Chile, Kenya) or implementing it to varying degrees (e.g., France, India, Norway, Luxembourg, the USA, and the United Kingdom). Within the Polish legal system, the possibility of copyright relinquishment is first analysed in the framework of private law, specifically dispositive and unilateral legal acts. Additionally, conclusions are drawn by analogy to property law - specifically the concept of dereliction (Article 181 of the Civil Code). The main part of the article, however, focuses on analysing the normative framework - particularly Articles 16 and 17 of the Copyright and Related Rights Act - and doctrinal perspectives on the possibility of relinquishing either economic or moral rights. This analysis leads to the conclusion that, under de lege lata, relinquishing copyright in Poland is not currently possible. The analysis leads the author to conclude that emerging socio-economic needs, which require rethinking and adjusting existing normative solutions, may significantly influence the evolution of legal doctrine. Over time, this may also lead to broader transformations in private law in general and copyright law in particular.
subject: Artykuły
  topic: section
subject: copyright
  topic: keywords
subject: moral rights
  topic: keywords
subject: dereliction
  topic: keywords
subject: waiver of subjective right
  topic: keywords
subject: comparative law
  topic: keywords
subject: unilateral legal acts
  topic: keywords
subject: dispositive legal acts
  topic: keywords
subject: public domain
  topic: keywords
subject: industrial property law
  topic: keywords
subject: termination of copyright protection
  topic: keywords
subject: Creative Commons licenses
  topic: keywords
subject: voluntary copyright relinquishment
  topic: keywords
creator: Arseni Radkevich
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-03-28
publication date: 2025-03-28
starting page: 49
ending page: 84

https://journals.law.uj.edu.pl/TPP/en/article/view/1299
type: item
title: One-Person Limited Liability Partnership for One Year? The Implication of the Withdrawal (Termination) of a Limited Liability Partnership Contract in the Context of the Art 98 § 2 of Code of Commercial Code
description: This paper examines the legal implications of the termination (withdrawal) of a limited liability partnership (professional partnership) agreement by all partners except one. The central question is whether, in such a scenario, the partnership should be dissolved and liquidated pursuant to Articles 64-66 of the Code of Commercial Companies, or whether it should continue as a one-person limited liability partnership under Article 98 § 2 of the Code of Commercial Companies for a transitional period of one year. The authors critically analyze the ratio legis of Article 98 § 2 and its legal consequences. They challenge the rationale for its existence and explore both theoretical and practical issues arising from its incorporation into the Code of Commercial Companies.
subject: Artykuły
  topic: section
subject: limited liability partnership
  topic: keywords
subject: partnership
  topic: keywords
subject: withdrawal (termination)
  topic: keywords
subject: consequences of withdrawal (termination)
  topic: keywords
subject: one-person limited liability partnership
  topic: keywords
creator: Dominika Mróz-Krysta
creator: Iwona Tomaszewska
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-03-28
publication date: 2025-03-28
starting page: 33
ending page: 48

The Rebus Sic Stantibus Clause - an Economic and Legal Understanding of an Extraordinary Change in Relations in the Face of Post-2020 Socio-Economic Change
type: item
description: Events such as the SARS-Cov-2 pandemic, persistently rising inflation and wars are reflected not only in social and political life, but also in economic transactions. This complicates the prediction of the effects of contracts and fulfilling them often negatively impacts at least one party involved. This research aims to determine whether instruments like the rebus sic stantibus clause, outlined in Article 357(1) of the Civil Code, can effectively mitigate the adverse effects of contracts. The analysis will be conducted through the lens of Law & Economics, with a focus on the practical application of Article 357(1) in Polish jurisprudence. In the first part of the article, certain general assumptions and theses stemming from Law & Economic are examined. Of particular importance to the discussion is economic efficiency in the Pareto sense, which is closely linked to the bargaining model. This section concludes with an explanation, based on the bargaining model, of the requirements posed by economic analysis of law regarding obligations law, including the existence of the clausula rebus sic stantibus. The second part of the article conducts a dogmatic analysis of Article 357(1) of the Civil Code using tools from Law & Economics. This section also covers the general assumptions of the rebus sic stantibus clause and predictions regarding its application presented by representatives of legal sciences at the onset of the pandemic. Special attention is given to post-2020 jurisprudence related to the rebus sic stantibus clause. To structure the discussion, the article will be divided into four parts: inflation, currency fluctuations, the pandemic, and Article 357(1) as a procedural demurrer. The discussion will also include the history of the rebus sic stantibus clause in the Polish legal system. The article will also explore alternative solutions that can substitute for the rebus sic stantibus clause. This paper aims to formulate preliminary conclusions about the understan…
subject: Artykuły
  topic: section
subject: Law & Economics
  topic: keywords
subject: contract law
  topic: keywords
subject: rebus sic stantibus clause
  topic: keywords
subject: judicial decisions
  topic: keywords
subject: economic efficiency of law
  topic: keywords
creator: Zuzanna Kłusek
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-03-28
publication date: 2025-03-28
starting page: 7
ending page: 31

Admissibility of Acquisitive Prescription of Land Easements in Comparative Perspective
type: item
description: The aim of the article is to present rules on acquisitive prescription of land easements in a comparative perspective. The article discusses the law of civil and common law jurisdictions (Germany, Switzerland, Austria, France, Italy, Spain, England, Australia, Canada, the United States, and Rome of the classical period). It includes a brief review of the law of adverse possession of land in order to offer some substantive depth. An observation underlying the analysis is that there is a relatively close correlation between the strength of the land registration system adopted in a jurisdiction and the admissibility of land and easement prescription in that jurisdiction. Jurisdictions with strong registration systems (Germany, Torrens jurisdictions) are less likely than jurisdictions with weak registration systems (France, Italy, the United States) to admit prescription, although this is not an absolute rule (see: England). Although some legal systems admit acquisitive prescription of easements and others do not, there is a common core of understanding among most of them regarding what prescription is and how it should operate, if it is to be allowed. This common core can be traced to the Roman rule that land use resulting in prescription must be nec vi, nec clam, nec precario. Translated into modern language, the use needs to be open and visible, and should lead to the acquisition of the easement only where the landowner has an appropriate opportunity to identify and interrupt the use. Certain Latin European jurisdictions have developed additional conditions for the prescription of easements, namely requirements of continuity (met when no human action is needed for the exercise of the easement) and disclosure of the easement by specific installations. It is arguable that this leads to arbitrary results and excessive curtailment of prescription. The Polish land registration system is a compromise between strong and weak registration systems. It is suggested that the pr…
subject: Artykuły
  topic: section
subject: easement
  topic: keywords
subject: land easement
  topic: keywords
subject: prescription
  topic: keywords
subject: acquisition
  topic: keywords
subject: visibility
  topic: keywords
subject: open and notorious
  topic: keywords
subject: acquisitive prescription
  topic: keywords
subject: adverse possession
  topic: keywords
subject: comparative law
  topic: keywords
subject: nec clam nec vi nec precario
  topic: keywords
creator: Piotr Franczak
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-06-30
publication date: 2025-06-30
starting page: 27
ending page: 60

Usucaption of agricultural real estate and its limitations in the light of the introduction, validity and derogation of Art. 172 § 3 of the Civil Code
type: item
description: On 30 April 2016 trade in agricultural real estate in Poland was significantly restricted. The restrictions did not apply only to contractual trading, but also extended to non-contractual ways of acquiring property. At that time, Article 172 § 3 of the Civil Code was adopted,indicating that only an individual farmer, as defined by the Act on the Formation of the Agricultural System, could acquire agricultural property, as defined by the Act on the Formation of the Agricultural System, by way of usucaption. This provision was repealed as of 5 October 2023. This study addresses the basic issues related to the introduced and subsequently repealed regulation, both in the context of intertemporal issues and against thebackground of the general provisions of the Act on the Formation of the Agricultural System.
subject: Artykuły
  topic: section
subject: usucaption
  topic: keywords
subject: agricultural real estate
  topic: keywords
subject: agricultural system
  topic: keywords
subject: individual farmer
  topic: keywords
subject: National Support Centre for Agriculture
  topic: keywords
creator: Patryk Bender
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-06-30
publication date: 2025-06-30
starting page: 5
ending page: 26

Construction of the Value Chain in the Directive on Liability for Defective Products - a Comparison of Directive 85/374/EEC and Directive 2024/2853
type: item
description: The 20th century has been characterised by the progressive fragmentation of previously centralised production centres into value chains. This new form of production has necessitated, and continues to necessitate, updates to legislation and existing legal constructs, which have not kept pace with changing economic circumstances. One response to this phenomenon has been the EU directive on liability for defective products, which has introduced a new regime of tort liability. The defective product liability regime allows injured persons to claim compensation for damage caused by a defective product not only from the direct seller with whom they have contracted but also from other participants in the value chain. Due to changes in the organisation of production and the increasing importance of distribution through digital tools, the European Commission decided to propose a new draft directive to replace the previous 1985 directive. Following the legislative process, the European Parliament and the Council adopted a common text of the new directive, which was published in the Official Journal of the EU on 18 November 2024, thereby repealing the previous directive. The aim of this article is to analyse the construction of the value chain as presented in both the previous and the newly adopted directives, using progressive digitalisation as a criterion for analysis. Special attention is devoted to those actors in the value chain who appear in the new directive but were not included in the scope of the previous directive.
subject: Artykuły
  topic: section
subject: value chain
  topic: keywords
subject: product liability
  topic: keywords
subject: digitalisation
  topic: keywords
subject: online platforms
  topic: keywords
creator: Karol Kopczyński
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-06-30
publication date: 2025-06-30
starting page: 61
ending page: 83

Review of the Monograph by Karolina Panfil Withdrawal from a Contract as a Sanction for Breach of Contract Published by Wolters Kluwer in Warsaw in 2018 with 440 Pages
type: item
description: The author of the review critically analyzes the main theses of Karolina Panfil's monograph Withdrawal from a contract as a sanction for breach of contract. The review examines the proposal to separate the sanction regime of rescission beyond the existing division into contractual and statutory rescission rights. Karolina Panfil's ideas are contrasted with the assumptions that originally inspired the authors of the Code of Obligations responsible for the current regulation of the right of withdrawal. The article refers to the criticism of the monograph in Filip Pubart's review.
subject: Artykuły
  topic: section
subject: review
  topic: keywords
subject: breach of contract
  topic: keywords
subject: withdrawal from the contract
  topic: keywords
subject: sanction
  topic: keywords
creator: Adrian Piotr Szpunar
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-12-20
publication date: 2024-12-20
starting page: 97
ending page: 113

The AI Liability Directive and German Law
type: item
description: In 2022, the EU Commission published a proposal for a directive to adapt the rules on non-contractual civil liability to artificial intelligence. various approaches have been discussed, in particular that of strict liability as well as that of fault-based liability. In view of the fact that the technology of artificial intelligence is still new, but is developing rapidly in many areas and cultures, it is important to find out whether the EU Commission has opted for a strongly preventive or a more accompanying regulation of liability for AI systems. It will also be necessary to clarify how the draft directive will affect German law. In this context, it is particularly important to consider whether the risks posed by AI systems can already be addressed without such a directive, and whether and how the directive on AI liability will address the risks for manufacturers, users and potential victims in terms of civil liability.
subject: Artykuły
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: private law liability
  topic: keywords
subject: non-contractual liability
  topic: keywords
subject: harmonization of directives
  topic: keywords
subject: German private law
  topic: keywords
creator: Stephan Schoppmann
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-12-20
publication date: 2024-12-20
starting page: 65
ending page: 93

Private Law Aspect of Dumpster Diving - Remarks on the Polish and German Law Examples
type: item
description: The article discusses the phenomenon of dumpster diving in the context of the problems that arise in connection with the unclear ownership status of things (especially food waste) found in dumpsters. In particular, the adequacy of the application of the legal construction of abandonment in this case is assessed. The findings are deepened, where necessary, by related criminal law considerations, as well as by comparative remarks on German law. The article concludes that in the case of food waste, intention to abandon is not always easy to determine. And, more generally, there is a tendency in the interpretation of the owner's intention to favor solutions involving the derivative acquisition of property and to avoid uncertainty as to who owns a particular thing.
subject: Artykuły
  topic: section
subject: waste
  topic: keywords
subject: ownership
  topic: keywords
subject: theft
  topic: keywords
subject: derelictio
  topic: keywords
subject: abandonment of a thing
  topic: keywords
creator: Magdalena Ossowska-Tutaj
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-12-20
publication date: 2024-12-20
starting page: 49
ending page: 64

Can a Legal Entity Claim Adequate Compensation under Czech Law in the Event of Infringement of Its Good Reputation?
type: item
description: This article provides an analysis of the possible means of protection for a legal entity that has suffered an infringement of its reputation. The paper focuses specifically on two options - unfair competition and general private law protection of reputation: it points out the differences between them, especially with regard to the right to claim adequate compensation as a claim for compensation of non-pecuniary damage caused by the infringement of the reputation of a legal entity, both in terms of legal regulation and the current case law of the Czech courts.
subject: Artykuły
  topic: section
subject: adequate compensation
  topic: keywords
subject: good reputation
  topic: keywords
subject: legal personality
  topic: keywords
subject: unfair competition
  topic: keywords
creator: Dana Ondrejová
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-12-20
publication date: 2024-12-20
starting page: 33
ending page: 48

Separate Proceedings with the Participation of Consumers - Strengthening the Legal Protection of Consumers in Civil Procedure or Complicating the Examination of Cases with Their Participation?
type: item
description: The aim of the article is to evaluate the introduction of new separate proceedings with the participation of consumers into the Civil Procedure Code. The author analyzes the scope of application of the new regulation. This new separate proceeding is conducted in cases of claims of consumers against entrepreneurs and claims of entrepreneurs against consumers. The author points out that the concept of consumer has a wide meaning in Polish civil law, so the scope of application of this separate proceeding is also wide. Separate proceeding with participation of consumers contains three separate legal regulations. One of them is regulation of territorial jurisdiction of the court in cases with participation of consumers, which should be positively assessed. Another provision of this new separate procedure concerns the concentration of the procedural material. This institution raises objections of doctrine because it can violate the equality of the parties of civil procedure. Third regulation concerns the rules of reimbursement, which can be applied if the entrepreneur does not attempt to settle the dispute amicably or avoids participating in such settlement or participates in it in bad faith. The author questions the necessity of introducing a new separate procedure with the participation of consumers, since it contains only three specific regulations, while the reason for introducing a new separate procedure is the large number of separate regulations in relation to the general regulations. The multiplicity of separate proceedings in the Civil Procedure Code causes their concurrence, and the conflict rule, which constitutes about the priority of proceedings with the participation of consumers, will not resolve this concurrence. Therefore, the author comes to the conclusion that this new separate procedure will not strengthen legal protection of consumers in civil procedure, but will complicate examination of cases with their participation.
subject: Artykuły
  topic: section
subject: consumer
  topic: keywords
subject: entrepreneur
  topic: keywords
subject: separate proceedings
  topic: keywords
subject: proceedings with the participation of consumers
  topic: keywords
creator: Patryk Kozak
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-12-20
publication date: 2024-12-20
starting page: 7
ending page: 31

Permissibility of Acquisition of Ownership of Author's Economic Rights Not Belonging to the Bankrupt by a Third Party and the Principle of Nemo Plus Iuris
type: item
description: This study attempts to answer the question of whether it is possible for a third party to acquire, as a result of bankruptcy proceedings, the economic copyright in a work erroneously considered part of the bankruptcy estate. The first part of the paper deals with the principle of nemo plus iuris... and the exceptions to it, including those relating to economic copyright. The second part of the paper discusses the effect of the acquisition of property or rights as a result of enforcement proceedings and then as a result of bankruptcy proceedings. The third part presents the basic arguments in favor of the possibility of acquiring the rights in question as a result of the bankruptcy proceedings, even though they did not actually belong to the bankrupt, as well as the arguments against this thesis. Consideration of these arguments has led to the conclusion presented in the conclusion of the publication. The issue in question had not previously been discussed in this form in the legal doctrine.
subject: Artykuły
  topic: section
subject: property copyright
  topic: keywords
subject: acquisition from an unauthorised person
  topic: keywords
subject: enforcement
  topic: keywords
subject: bankruptcy
  topic: keywords
subject: trustee
  topic: keywords
creator: Adam Pązik
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-09-26
publication date: 2024-09-26
starting page: 55
ending page: 79

Considerations of Exploitation (Article 388 of the Polish Civil Code) from the Perspective of Austrian Law and Jurisprudence
type: item
description: The private law protection of interests of an aggrieved party under Article 388 of the Polish Civil Code (exploitation) is not without vulnerabilities. The main problem is the burden of proof (Article 6 of the Polish Civil Code). The same applies to protection under criminal law (Article 286 para. 1 of the Polish Penal Code - fraud), which can be harsh for all potential and/or actual injured parties. Therefore, it is worth to examine the Polish institution of exploitation, including the recent changes in this provision, from the perspective of Austrian law and jurisprudence and, if necessary, to construct de lege ferenda proposals for the Polish legislator.
subject: Artykuły
  topic: section
subject: exploitation
  topic: keywords
subject: voidability of a contract
  topic: keywords
subject: nullity of a contract
  topic: keywords
creator: Mateusz Kosmol
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-09-26
publication date: 2024-09-26
starting page: 31
ending page: 53

Non-adoption and Untimely Adoption of the Resolution to Grant Shares in Exchange for Capital Bonds
type: item
description: The Act of 14 April 2023 introduced a new hybrid instrument of capital bonds into Polish law. Upon a triggering event specified in their terms and conditions, capital bonds are converted into shares of the issuer. The conversion takes place as a result of adoption of a resolution of the issuer's management board to grant shares, within the time limit specified in Article 4544 para. 1 of the Code of Commercial Companies. The article analyzes the consequences of failure to meet the deadline for adopting the resolution on the grant of shares, i.e. late adoption of the resolution, failure to adopt the resolution, and adoption of the resolution despite the non-occurrence of the triggering event. Members of the issuer's management board and the issuer are liable for damages caused by the delay in adopting the resolution. In addition, the bondholder may demand that the issuer's management board adopts the resolution. Article 64 of the Civil Code and Article 1047 para. 1 of the Code of Civil Procedure shall apply. An early resolution is null and void, the shares granted in it do not exist and should be eliminated from the market, unless they have undergone assimilation.
subject: Artykuły
  topic: section
subject: capital bonds
  topic: keywords
subject: resolution
  topic: keywords
subject: management board
  topic: keywords
subject: joint-stock company
  topic: keywords
subject: granting of shares
  topic: keywords
subject: non-existing shares
  topic: keywords
subject: securities account entry
  topic: keywords
subject: compensation claims
  topic: keywords
creator: Wojciech Janowski
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-09-26
publication date: 2024-09-26
starting page: 5
ending page: 30

The Family Foundation Established in the Last Will
type: item
description: The family foundation represents a major transformation of Polish inheritance law. It is a far-reaching instrument of succession planning, enabling the transfer of assets for many generations ahead. The family foundation is presented as the functional equivalent of the institution of a trust widely used in common law systems. It is even argued that if a trust mortis causa was established in a will (made under foreign law), and the effects of the will were evaluated from the perspective of Polish law (Article 21 of Regulation 650/2012), such a trust could be considered a declaration of the establishment of a family foundation (Article 21(1) of the Family Foundations Act). At the same time, Polish inheritance law is averse to far-reaching trusts. This is manifested in the prohibitions and restrictions provided, among others, in Article 962, Article 964, and Article 981(3) of the Civil Code. An internal inconsistency arises in this regard, since the fundamental inadmissibility of trusteeship mortis causa in the general law of succession is overridden by the family foundation, which allows for full and essentially unlimited trusteeship in succession after the death of its founder. This is particularly evident when one considers the position of other European legal systems, which, instead, seek to balance these mortis causa fiduciary institutions. The purpose of this text is to present the most important legal problems associated with the formation of a family foundation established by a last will (testament), which arise from the interpretation of the law.
subject: Artykuły
  topic: section
subject: Inheritance law
  topic: keywords
subject: Last will
  topic: keywords
subject: Inheritance disposition
  topic: keywords
subject: Foundation law
  topic: keywords
subject: Succession mortis causa
  topic: keywords
subject: Succession planning
  topic: keywords
subject: Family (private) foundation
  topic: keywords
creator: Kamil Wielgus
rights: Copyright (c) 2025 The Transformation of Private Law
date: 2025-06-30
publication date: 2025-06-30
starting page: 85
ending page: 131

Proposal for an amendment to Directive 771/2019 - Modification of the right to choose between subsequent delivery and rectification from the perspective of environmental compatibility
type: item
description: The aim of this article is to analyze the proposal to amend Art. 13 para. 2 sentence 2 of the Sale of Goods Directive and to examine the extent to which a "right to repair" can serve the guiding principles of the European legislator, consumer protection and environ- mental protection. To this end, the urgent need for legislative changes to promote more sustainable consumption and thus environmental protection is presented. This article focuses on the specific form of the proposal and its necessary corrections. To this end, it provides a legal interpretation of the terms "costs", "seller" and "conformity" used in the proposal and presents the resulting consequences. The article then relates these to the desired environmental and consumer protection and shows that both objectives cannot be achieved equally by amending Art. 13 para. 2 sentence 2 of the Directive. The aim of the article is to take a critical look at the "right to repair" and to highlight sustainable and environmentally friendly alternatives and additions to the current proposal.
subject: Artykuły
  topic: section
subject: Sale of Goods Directive
  topic: keywords
subject: Directive EU 2019/771
  topic: keywords
subject: repair
  topic: keywords
subject: right to repair
  topic: keywords
subject: consumers
  topic: keywords
subject: replacement
  topic: keywords
subject: sustainability
  topic: keywords
creator: Pia Stoppe
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-06-26
publication date: 2024-06-26
starting page: 93
ending page: 118

Concept of Divisibility of the Performance
type: item
description: In a situation where a performance based on a contract (e.g. a construction contract, IT system implementation contract) has an indivisible object (e.g. a building, IT system) and could not be divided into independent identical parts performed simultaneously by different persons acting independently of each other, but this performance is divisible only in time, i.e. it can be performed in time in several stages, without loss of value. by several entities acting consecutively, such a performance cannot be classified as divisible under Art. 379 § 2 of the Polish Civil Code. However at the same time it is divisible performance under Art. 491 § 2 of the Polish Civil Code. The different function of the above provisions, as well as their systematic interpretation, lead to the conclusion that the scope of application of the legal definition of "divisible performance" contained in Art. 379 § 2 of the Civil Code is limited to the norms regulating the effects of a multi-party contract, regulated under Art. 379 et seq. of the Polish Civil Code. The function of Art. 492 § 2 of the Civil Code, on the other hand, is to protect the permanence of the contractual legal relationship (pacta sunt servanda) by specifying the situations in which the creditor can be required to settle with the debtor on the contractual terms for a partially fulfilled performance. On the basis of Art. 491 § 2 of the Civil Code, the performance should also be classified as divisible if it is divisible in time, i.e. if a third party could (on the basis of a separate contract) satisfy the creditor's full inter- est in such a way that it would not have to start performing this performance from the very beginning, but could already make use of the performance partially performed by the previ- ous contractor. If the next contractor could not use the previously performed part of the performance (e.g. due to lack of rights to use the design) when completing the object, and would have to start the performance (e.g.…
subject: Artykuły
  topic: section
subject: partial performance of the contract
  topic: keywords
subject: partial withdrawal from the contract
  topic: keywords
subject: effects of withdrawal from the contract
  topic: keywords
subject: construction contract
  topic: keywords
subject: IT system implementation contract
  topic: keywords
creator: Iwona Karasek-Wojciechowicz
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-06-26
publication date: 2024-06-26
starting page: 65
ending page: 91

Tortious Liability Regime for Medical Devices Using Artificial Intelligence. Analysis of Current Solutions
type: item
description: Artificial intelligence is an increasingly popular tool in the field of healthcare and medicine, especially in medical devices. On the other hand, the possible unpredictability of its actions due to the so-called self-correction of software or the issue of predictability of the results of machine learning and deep learning raises questions about the basis and scope of legal liability. From the perspective of civil liability, the authors of this article analyze three other types of liability operating in the Polish legal system: (1) liability for a dangerous product, (2) liability based on fault, and (3) liability based on strict liability. Of these, the claim for compensation for damage caused by an AI-equipped medical device seems to be the most justified under the liability for dangerous products. However, even this standard does not cover all systems of damage caused by the operation of AI, especially in the case of AI that operates only as software and thus in isolation from a material object. In the absence of a unified legal regulation in the Polish legal system, some of the damage caused by AI will remain uncovered.
subject: Artykuły
  topic: section
subject: artificial intelligence
  topic: keywords
subject: medical device
  topic: keywords
subject: medical law
  topic: keywords
subject: liability for damages
  topic: keywords
subject: tort
  topic: keywords
subject: tort law
  topic: keywords
subject: dangerous product
  topic: keywords
subject: software
  topic: keywords
subject: AI-embedded machine
  topic: keywords
subject: organizational fault
  topic: keywords
subject: Polish law
  topic: keywords
creator: Mikołaj Deptalski
creator: Piotr Dziewałtowski-Gintowt
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-06-26
publication date: 2024-06-26
starting page: 37
ending page: 64

Consequences of the Ineffectiveness of Non-negotiated Terms in Consumer Contracts, Only in Relation to the Main Obligations Arising from the contract
type: item
description: The aim of this article is to analyze the legal consequences that consumers have to face when their contracts contain ineffective clauses, focusing specifically on German law within the scope of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The first part examines the criterion of unfairness based on the standard of good faith as set out in Art. 3 I. It also examines what falls under the main subject matter of the contract, § 307 III BGB, along with a detailed consideration of the transparency requirements for terms. The two main criteria are that the term must be clear and understandable, § 307 I 2 BGB. The main part deals with the methods of replacing unfair terms. Special attention is given to the supplementary interpretation of the contract, the dispositive statutory law and the "blue pencil test" developed by the German Federal Court of Justice. These tools are analyzed in terms of their suitability and appropriateness, especially when the main subject matter of the contract is implicated in the unfair term. Upholding the contract without the main subject matter fails because the essential part of the contract is missing. If it is not possible to replace the affected provision, the entire contract is null and void. The next part determines the extent to which consumer preferences can be taken into account. The European Court of Justice considers the consumer's will to be significant in principle. However, it cannot disregard objective law. In the final section, the article examines the concept of the reverse transaction in more detail, with a particular focus on the adjustment of the limitation period for the consumer's unjust enrichment claim.
subject: Artykuły
  topic: section
subject: Council Directive 93/13/EEC
  topic: keywords
subject: unfair terms
  topic: keywords
subject: main subject matter
  topic: keywords
subject: control of transparency
  topic: keywords
subject: legal consequences of non-transparency
  topic: keywords
subject: replacement of the unfair term
  topic: keywords
subject: invalidity of the entire contract
  topic: keywords
subject: consumer protection
  topic: keywords
creator: Alea Bösche
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-06-26
publication date: 2024-06-26
starting page: 5
ending page: 36

Online Platforms and Copyright: Analyzing the Liability Regime under the Digital Single Market Directive and the Digital Services Act in the Light of CJEU Jurisprudence
type: item
description: This paper discourse delves into the nuanced dynamics between online platforms, copyright, and their respective liability regimes under the Digital Single Market Directive (DSMD) and the Digital Services Act (DSA). The DSMD, particularly Article 17, introduces a pivotal shift in the liability landscape for Online Content-Sharing Service Providers (OCSSP), addressing the 'Value Gap' - the discrepancy between the revenue generated by online platforms from copyrighted works and the compensation received by rightholders. Under Article 17, OCSSP are required to make 'best efforts' to obtain authorization from rightholders and to prevent the availability of unauthorized content. This requirement has sparked concerns over potential 'over-blocking' of lawful content, thereby affecting freedom of expression. The Republic of Poland's challenge to this regime emphasized that it effectively necessitates automatic filtering by OCSSP, thus impinging on freedom of expression. The CJEU recognized this limitation but justified it as necessary for safeguarding intellectual property rights, emphasizing the need for a balance between copyright protection and freedom of expression. In contrast, the DSA governs online platforms that do not qualify as OCSSP. It continues the horizontal framework of the E-Commerce Directive for intermediary service providers, outlining specific due diligence obligations and exemptions from liability. The DSA applies to these online platforms in terms of liability that may arise from illegal content stored at the request of their users. The CJEU's jurisprudential body of work, established before the DSMD came into force, remains relevant for these platforms and must be considered. This paper will also analyze this aspect, highlighting the complexities and developments in the legal frameworks governing online platforms, both OCSSP and non-OCSSP, while balancing intellectual property rights and freedom of expression in the digital environment.
subject: Artykuły
  topic: section
subject: online platforms
  topic: keywords
subject: online content-sharing service providers
  topic: keywords
subject: copyright
  topic: keywords
subject: liability regime
  topic: keywords
subject: safe harbour
  topic: keywords
subject: freedom of expression
  topic: keywords
creator: Javier Dominguez Romero
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-03-28
publication date: 2024-03-28
starting page: 68
ending page: 98

A consumer participation in separate proceedings: a critical evaluation
type: item
description: The legislative act of 9 March 2023 introduced a novel type of separate proceedings into the legal system: proceedings with consumer However, this short amendment raises several crucial procedural issues that contribute to the further destabilization of the existing system of separate proceedings within the civil process. The central thesis of the article is that consumer protection does not necessitate the creation of additional separate proceedings. Given the novelty of the proposed regulation, the available legal literature remains limited. Nevertheless, this limitation justifies the author's engagement in a discussion about regarding the rationale behind this new procedural concept. Notably, the imperative to protect consumers does not inherently require the establishment of distinct proceedings. In this context, the article highlights several fundamental drawbacks of the proceedings with participation of consumers. Furthermore, it suggests solutions - particularly addressing the collision between the previously mentioned separate proceedings with the other existing separate proceedings. Employing a dogmatic approach, the analysis leads to the conclusion that the anticipated collision will not be as severe as initially expected. The presented article can be - hopefully - useful for legal practitioners as a form of commentary to the new regulation.
subject: Artykuły
  topic: section
subject: civil process
  topic: keywords
subject: consumer
  topic: keywords
subject: separate proceedings
  topic: keywords
creator: Bartłomiej Krupowicz
rights: Copyright (c) 2024 The Transformation of Private Law
date: 2024-03-28
publication date: 2024-03-28
starting page: 33
ending page: 65