TY - JOUR
TI - The unjust enrichment in the Polish Code of Obligations of 1933 as compared with the regulation of this institution in other codes of the time
AU - Halberda, Jan
TI - The unjust enrichment in the Polish Code of Obligations of 1933 as compared with the regulation of this institution in other codes of the time
AB - The paper discusses the unjust enrichmennt as found in the Polish Code of Obligations of 1933. The discussion is conducted in a comparative way and makes allusions to other regulations of the time (those detectable in the ABGB, Code Civil, BGB, Obligationenrecht). It also makes reference to the solution accepted in the Polish Civil Code of 1964. What was discussed was the very construction of unjust enrichment as found in the aforementioned regulations (1), grounds for the claims (2), the scope within which the duty to return the enrichment applied (3), the nature of the claim – whether it was autonomous or subsidiary (4). In his final remarks, the author tried to assess the discussed institution as regulated in the Code of Obligations (5).
VL - Volume 5 (2012)
IS - Volume 5, Issue 4
PY - 2013
SN - 2084-4115
C1 - 2084-4131
SP - 307
EP - 328
DO - 10.4467/20844131KS.12.024.0925
UR - https://ejournals.eu/en/journal/kshpp/article/instytucja-nieslusznego-zbogacenia-w-polskim-kodeksie-zobowiazan-z-1933-r-na-tle-wspolczesnych-kodyfikacji
KW - interwar period law
KW - the Second Polish Republic
KW - a code of obligations
KW - unjust enrichment