Civil Law - General Part WP-PRZ-PCO
The course involves a dogmatic and systemic analysis of the legal institutions comprising the general part of civil law, as regulated in Book I of the Civil Code. It forms the foundation of a legal education in civil law, essential both for analyzing specific civil law institutions and for applying civil law in judicial practice and legal advisory work.
The curriculum covers the general principles of civil law, the concept and structure of the civil law relationship—including its subjects, objects, and sources of origin—with particular emphasis on legal acts.
Detailed topics covered in the course are listed below:
Introductory topics
Civil law from a historical perspective
The concept of civil law
Civil law in the objective sense
Subject, object, and method of regulation
Civil law in the subjective sense
Theory of subjective rights
Sources of subjective rights
Purpose, content, essence, and nature of subjective rights
Scope of civil law
Temporal scope
Personal scope
Subject-matter scope
Spatial scope
Systematics of civil law
Principles of civil law
Sources of civil law
Civil law in historical sources
Civil law within the legal system
b) Civil law norms
Concept of a legal norm
Types of legal norms
c) Civil law relationship
Concept of a civil law relationship
Object, subject, and content of a civil law relationship
Types of civil law relationships – simple, complex, unilaterally individualized, bilaterally individualized
d) Subjective right
Concept of a subjective right
Types of subjective rights
Normative forms of subjective rights
e) Natural persons
Identity of a natural person
Marital status
Personal status
Place of residence (*domicilium voluntarium* and *domicilium necessarium*)
Beginning of the legal existence of a natural person – the *nasciturus* and their legal position
Legal capacity of a natural person
Commencement of legal capacity
Limitations on legal capacity
Extinction and cessation of legal capacity
Capacity for legal acts of a natural person
Full capacity for legal acts
Majority vs. minority
Limited capacity for legal acts
Partial incapacitation
Temporary advisor
Lack of capacity for legal acts
Total incapacitation
End of the legal existence of a natural person
Declaration of death – ordinary and qualified
Judicial confirmation of death
Grounds for drawing up a death certificate
Protection of personal interests
Prerequisites for the protection of personal interests
Concept of personal interests and personal rights
Claims for the protection of personal interests and their nature
Allocation of the burden of proof regarding the protection of personal interests
f) Legal persons and organizational units without legal personality granted legal capacity by statute
Concept of a legal person
Formation of a legal person
Legal capacity of legal persons
Scope of capacity
Limitations on capacity
Liability for obligations
Capacity to perform legal acts
Types of legal persons
The State Treasury and state legal persons
Municipal legal persons
Corporate and foundation-type legal persons
Termination of the legal existence of a legal person
Subsidiary liability of organizational units without legal personality
g) Objects of a civil law relationship
Things
Movables and immovables
Land (agricultural and non-agricultural), building, and premises (unit) immovables
Component part of a thing
Accessories
Fruits of things and rights
Money
Securities
Bills of exchange
Cheques
Intangible assets
Works, trademarks, inventions, industrial designs, utility models, rationalization solutions
Personal interests
Various forms of energy
Enterprise
In the subjective, objective, and functional sense
Agricultural holding as an object of a civil law relationship
Property (*mienie*) vs. assets (*majątek*)
h) Legal acts
Declaration of intent
Concept, essence, and types
Making declarations of intent
Interpretation of declarations of intent
Types of legal acts
Form of legal acts
Ordinary written form
Qualified written form
Notarial deed
Notarial certification of signature
Document with a certified date
Defects in the declaration of intent
Lack of awareness in forming and expressing a decision
Sham declaration (*pozorność*)
Mistake (fraud/deceit)
Threat (duress)
Content of a legal act
Essentialia ...of a legal act
Essential elements of a legal act (*essentialia negotii*)
Natural elements of a legal act (*naturalia negotii*)
Accidental elements of a legal act (*accidentalia negotii*)
Condition and time limit
Suspensive and resolutive
Initial and terminal
Defects of a legal act and their consequences
Conclusion of a contract
Negotiations
Tender procedure – tender and auction
Offer-based procedure
i) Representation
Statutory representative
Power of attorney
Commercial proxy (*prokura*)
j) Time limits
Statute of limitations (prescription of claims)
*Ratio legis* of the statute of limitations
Structure of the statute of limitations
Limitation periods
Running of the limitation period
Commencement
Suspension
Deferral of expiration
Interruption
Effect of the expiry of the limitation period
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Term 2025/26_Z:
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(in Polish) Dyscyplina naukowa, do której odnoszą się efekty uczenia się
(in Polish) E-Learning
(in Polish) Grupa przedmiotów ogólnouczenianych
Course coordinators
Term 2020/21_Z: | Term 2025/26_Z: | Term 2022/23_Z: | Term 2019/20_Z: | Term 2024/25_Z: | Term 2021/22_Z: | Term 2026/27_Z: | Term 2023/24_Z: |
(in Polish) Opis nakładu pracy studenta w ECTS
Term 2023/24_Z: (in Polish)
Opis ETCS: 3 punkty
Udział w wykładzie: 30 h;
Udział w ćwiczeniach: 30h
Przygotowanie do egzaminu: 30 h
Suma: 90 h
Liczba ETCS: 3 ECTS | Term 2024/25_Z: (in Polish) Udział w wykładzie: 16 h;
Przygotowanie do zajęć oraz do egzaminu: 94 h
Suma: 110 h
Liczba ETCS: 3 ECTS | Term 2025/26_Z: (in Polish) Udział w wykładzie: 16 h;
Przygotowanie do zajęć oraz do egzaminu: 94 h
Suma: 110 h
Liczba ETCS: 3 ECTS | Term 2026/27_Z: Lecture attendance: 16h
Exam preparation: 44h
Total: 60h
ECTS: 60/30 = 2 |
Subject level
Learning outcome code/codes
Type of subject
Preliminary Requirements
Learning outcomes
**PR_W01**
The student knows and understands the nature and significance of civil law as a branch of private law, its place within the legal system, and the basic concepts and institutions of the general part of civil law.
**PR_W02**
The student knows and understands the sources and nature of civil-law norms, including their place within the system of sources of law, as well as the basic historical and contemporary factors influencing civil-law regulations.
**PR_W04**
The student knows and understands the structure of a civil-law relationship, the way in which the basic institutions of the general part of civil law arise and function, and the relationships between these institutions.
**PR_W06**
The student knows and understands the basic methods of classifying civil-law relationships and civil-law institutions, as well as the interdependencies between them. The student also knows the basic legal information tools and systems used to retrieve information on civil law.
**PR_W07**
The student knows the basic methods and tools for creating civil-law norms and understands their significance for shaping civil-law regulations.
**PR_W08**
The student knows and understands the basic principles governing the enactment and application of civil-law norms and their significance for shaping social and economic relations.
**PR_W09**
The student knows and understands the main directions of historical and contemporary changes in the norms and institutions of the general part of civil law and their impact on the shape of civil-law relations.
Assessment criteria
**Fail (2.0)** – The student has not acquired sufficient knowledge of civil law to obtain a pass grade. The student is unable to identify, or incorrectly identifies, basic concepts, principles and institutions of civil law, and does not understand their basic functions or the relationships between them. The student obtains less than 50% of the total points available in the examination.
**Satisfactory (3.0)** – The student has acquired basic knowledge of civil law. The student identifies the main concepts, principles and institutions, knows their basic characteristics and can indicate their essential significance. The student understands the basic relationships between the institutions covered in the course; however, their knowledge is incomplete, and they have difficulty identifying more complex legal problems. The student obtains between 50% and 59% of the total points available in the examination.
**Satisfactory plus (3.5)** – The student has acquired a satisfactory level of basic knowledge of civil law. The student correctly identifies most basic concepts, principles and institutions and understands their functions and the most important relationships between them. The student can identify typical legal problems and indicate the basic rules applicable to them, although errors may occur when dealing with more complex issues. The student obtains between 60% and 69% of the total points available in the examination.
**Good (4.0)** – The student has acquired a good level of knowledge of civil law. The student correctly explains the significance of basic concepts, principles and institutions and understands their functions and the relationships between them. The student can distinguish between similar legal institutions, identify typical legal problems and indicate the appropriate rules for resolving them. Only a small number of errors occur in relation to more detailed issues. The student obtains between 70% and 79% of the total points available in the examination.
**Good plus (4.5)** – The student has acquired a very good level of knowledge of civil law. The student demonstrates very good knowledge of concepts, principles and institutions, correctly identifies the relationships between them and can apply their knowledge to analyse a variety of legal problems within the scope of the lecture. Only occasional errors occur in relation to specific details. The student obtains between 80% and 89% of the total points available in the examination.
**Very good (5.0)** – The student has acquired a very high level of knowledge of civil law. The student demonstrates comprehensive and well-organised knowledge of the concepts, principles and institutions covered in the lecture, understands their functions, the relationships between them and their significance for the regulation of civil-law relations. The student correctly identifies more complex legal problems and accurately identifies the principles and institutions relevant to their analysis. The student obtains between 90% and 100% of the total points available in the examination.
Assessment method: a test consisting of 20 multiple-choice questions and 10 single-choice questions.
Passing threshold: more than 50% correct answers.
A passing grade in the tutorials (minimum 3.0) is a prerequisite for admission to the exam.
Bibliography
Core reading:
*Civil Law: General Part*; Z. Radwański, A. Olejniczak; Warsaw 2023 (or a more recent edition) or
*Civil Law: Outline of the General Part*; A. Wolter, J. Ignatowicz, K. Stefaniuk; Warsaw 2020 (or a more recent edition)
Supplementary reading:
M. Habdas, M. Fras; *Civil Code with Commentary*; Warsaw 2018–2019
*Civil Law: General Part*; E. Skowrońska-Bocian; Warsaw 2007
*Outline of the General Part of Civil Law*; S. Grzybowski; PWN Publishing House, Warsaw 1985
*Outline of the Theory of Civil Law*; A. Stelmachowski; Warsaw 1997
*System of Private Law*, Vol. I and II; edited by Z. Radwański; C.H. Beck Publishing House
*System of Civil Law*; S. Grzybowski; PWN Publishing House, Warsaw 1977
*Commentary on the Civil Code*; Vol. I and II; edited by Krzysztof Pietrzykowski; C.H. Beck, Warsaw 2006
*Commentary on the Civil Code*; General Part, Vol. I; Stanisław Dmowski, Stanisław Rudnicki; LexisNexis Legal Publishing, Warsaw 2005
*Commentary on the Civil Code*; edited by E. Gniewek; C.H. Beck Publishing House, Warsaw 2019
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Term 2025/26_Z:
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Term 2026/27_Z:
Basic literature Supplementary literature: |
Notes
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Term 2025/26_Z:
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Term 2026/27_Z:
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Additional information
Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: