Review: A. Doliwa, Funkcje zasad współżycia społecznego w prawie cywilnym, C.H. Beck, Warszawa 2021, pp. 198

Abstract

The text is a review of the book – a monograph Funkcje zasad współżycia społecznego w prawie cywilnym written by Adam Doliwa. The reviewer thinks that it was a difficult but at the same time an ambitious undertaking to present the juridical aspects of the so-called principles of social life (bonos mores). The author has analysed both the general and specific functions of those principles, explained how they work as a part of a civil law system and why they are so important as a general clause. To achieve this goal and make the analysis more extensive, the author exploited a lot of literature and courts’ decisions (jurisprudence). The monograph inspires further research and dogmatic inquiry into the concept of equity in the civil law. In spite of broad criticism that the principles of social life face nowadays, the author thinks their existence is necessary to alleviate the rigorism of a civil law system. His arguments and opinions in this matter are, in reviewer’s opinion, essential and convincing.