Cywilne prawo - zobowiązania - przyrzeczenie "bezwarunkowej zapłaty" - abstrakcyjna czynność prawna. Glosa do wyroku SN z dnia 14 maja 2015 r., I CNP 30/14

Authors:

• Andrzej Szlęzak

Abstract

In the Supreme Court's decision commented above it was held that the contract whereby one of the parties has 'unconditionally' promised to pay a certain amount is void: (1) because it does not define the legal basis (causa) of such payment; and (2) because the term 'unconditionally' suggests an abstract legal transaction. The author disagrees with such a view. The circumstances disclosed in the reasoning show that an 'unconditional' promise to pay was related to some outlays made by the parties in favour of a company in which they were shareholders, so their legal transaction was not abstract; furthermore, as the said contract does not belong to the so-called 'formally causative' legal transactions, there was no legal requirement to disclose therein the legal basis of such a promise. Finally, the mere use of the term 'unconditionally' does not automatically qualify the parties' transaction as abstract; the significance of the said term should first be established with reference to the interpretative guidelines set forth in Art. 65 of the Civil Code.