Evolution of Principles in the Polish Civil Law – the Principle of Transaction Security

Abstract

The article presents the ontology of law principles in the contemporary doctrine of the civil law. Then, the evolution was depicted concerning the principles in the Polish civil law during the transformation of socio-economic and legal system. The core of the article is constituted by deliberations on reconstruction mechanisms concerning the normative solutions which implement the principle of transaction security in the time of the Third Republic of Poland. The author analyzes the provisions of the Polish Civil Code concerning the protection of trust and contract loyalty (Art. 72, 72¹), the process of reconstruction of the security law, strengthening the position of the notary as a guarantor of the property transaction, the development of new public registers, e.g. the National Court Register or Pledge Register.