Skip to main navigation menu Skip to main content Skip to site footer

ISSUES IN CIVIL LAW AND CIVIL PROCEDURE

Vol. 120 (2020): Założenie racjonalnego prawodawcy w polskim porządku prawnym. Księga Jubileuszowa z okazji siedemdziesięciopięciolecia Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Notion of the law-maker’s rationality in the field of company law

DOI
https://doi.org/10.19195/0137-1134.120.83
Submitted
July 1, 2020
Published
2020-07-01

Abstract

The notion of law-maker’s rationality has to play a paramount fulfilling role in the area of law’s interpretation, concerning commercial law in Poland, especially facing a contemporary epoch of ‘overdone legal provisions‘. The notion of law-maker’s rationality (including the textual contents underpinning such a notion) would rather provide the actors who use to apply the law (so: mostly the actors with practical approach) with an ‘appliance’ for their realization of legal provisions in a proper and most fact-conform way considering any sets of factual circumstances in concrete cases. Choosing of court rulings as parade examples makes us perceive that the courts — during their ref-erence to such a notion — focus on the only one aspect of that notion or they just rely generally on the notion of rationality (as a whole). The model application of the notion of law-maker’s rational-ity would rather not lead to any situation where the actor who uses to apply the law could make ref-erence to such a notion in a blank way instead of providing the justification speaking for their legal opinion (interpretative output). The actor (-s) is (are) not open to resign from any effort to might be in a position to describe on how the particular elements (constituting such a notion in textual aspect) do influence the applicable understanding of said legal provisions in their concrete case.