Is there a theoretical and practical justification for distinguishing circumvention of law from other causes of defects in legal transactions and its explicit legal regulation in private law? Dorota Miler compares the Polish, German and European private law, jurisprudence, and legal literature. She concludes that circumvention of law is an independent legal institution in Polish private law.
Circumvention of law is inherent to all legal systems. It is possible – by undertaking certain transactions – to exclude the application of statutory provisions that prevent the accomplishment of certain results and, to instead, take advantage of provisions that allow the achievement of these results. What differs between legal systems is the significance that each legal system attaches to the concept of circumvention of law. Dorota Miler answers the question of whether there is a theoretical and practical justification for distinguishing circumvention of law from other causes of defects in legal transactions and its explicit legal regulation based on the comparison of Polish, German and European law, jurisprudence, and legal literature. The author concludes that circumvention of law is an independent legal institution in Polish private law.
Table of contents:
Introduction§ 1 Research questions
§ 2 Research goals
§ 3 Methodology
§ 4 Scope of the study
§ 5 Terminology
Part 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 law
Part 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 Conclusions
Part 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 Conclusions
Conclusions
Bibliography
Subject index 
