Circumvention of Law in Polish Private Law

Professorin (Associate Professor) an der Fakultät für Recht und Verwaltung der Universität Danzig (Polen) sowie Mitglied der Juristischen Fakultät der Universität Augsburg (Deutschland).

• Introduction§ 1 Research questions§ 2 Research goals§ 3 Methodology§ 4 Scope of the study§ 5 TerminologyPart One Statutory regulation of circumvention of law under Polish, German and European law§ 1 Introduction§ 2 Statutory regulation of circumvention of law under Polish law§ 3 Absence of general statutory regulation of circumvention of law in German law§ 4 Scattered regulation of circumvention of law in European law§ 5 Comparison of the regulation of circumvention of lawPart Two Circumvention of law as a subcategory of different legal concepts§ 1 Introduction§ 2 Circumvention of law as a problem of interpretation of declarations of intent and their classification§ 3 Circumvention of law as an ostensible declaration of intent§ 4 Circumvention of law as a legal transaction contrary to law§ 5 Circumvention of law as a contract contrary to the nature of a legal relationship§ 6 Circumvention of law as a legal transaction contrary to good morals (principles of community life)§ 7 Circumvention of law as an abuse of rights§ 8 ConclusionsPart Three Circumvention of law in the case law of Polish Supreme Court§ 1 Introduction§ 2 Definition of circumvention of law§ 3 Transactions circumventing the law § 4 Prerequisites for finding a circumvention of law§ 5 Legal consequences of circumvention of Polish private law§ 6 Functions of circumvention of law§ 7 Circumvention of the law as an independent legal concept§ 8 ConclusionsConclusionsBibliographySubject index