Circumvention of Law in Polish Private Law

Born 1987; 2011 Master of law, Adam Mickiewicz University in Poznan, Poland; 2012 LL.M., McGill University, Montreal, Canada; 2016 PhD (Passau); 2024 Habilitation (Augsburg); 2013-24 research and academic assistant at the Law Faculty of the University of Augsburg; assistant professor, University of Gdansk, Poland.

• 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