The Polish public policy includes the principles of parties’ autonomy and pacta sunt servanda. These rules are, however, not absolute. Under Article 3531 of of the Civil Code, the parties’ autonomy and pacta sunt servanda are limited by the nature of the legal relationship, statutory provisions and principles of social coexistence. Therefore, the Polish public policy contains also rules that provide for limits of those two principles.
Those “limiting principles” include in particular: the principle of freedom of economic activity, the principle of contractual fairness, the principle of compensatory nature of damages.
Kamil Zawicki is an attorney and partner at the Polish law firm of KKG Kubas,
e-mail: kamil.zawicki@kkg.pl
Maciej Durbas, associate, KKG Kubas Kos Gaertner – Adwokaci
Kuba Gąsiorowski, associate, KKG Kubas Kos Gaertner – Adwokaci