PRZYRZECZENIE PUBLICZNE - WYBRANE PROBLEMY SEMIOTYCZNE I DOGMATYCZNE
Date
2008
Authors
Advisor
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Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
PUBLIC PROMISE OF A REWARD: SELECTED DOGMATIC AND SEMIOTIC ISSUES
Abstract
Some of the achievements of the modem semiotics have been used in the paper to analyse the
regulations of a public promise of a reward as laid down in the Polish Civil Code (art. 919 and the
following). In the author’s opinion, public promise of a reward - contrary to the practically unanimous
opinion of civil law dogmatics - can be addressed to a definite subject, indicated by an individual
name. The paper also presents certain specific social functions that can be performed by the
institution of public promise. Public promise o f a reward, which should be considered as an
inducement to undertake a certain action, allows to realise some positively regarded situations, the
achievement of which would not be possible without the existence of a civil law contract.
However, a reward cannot always be considered as a “performance” in terms of civil law. Some
rewards require that certain conventional actions must be taken, and be based on rules which ensure
full voluntariness on the part o f the subject undertaking such an action. Consequently, this kind of
rewards cannot be enforced (in the meaning of the term) and the sanction for non-fulfilment of
a promise should be sought among the rules which regulate infringement of personal rights rather
than non-performance of a contract.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 4, s. 47-73
Seria
ISBN
ISSN
0035-9629