UWAGI O WYKŁADNI PRAWA CYWILNEGO

Abstract

The paper is a polemics with the conception that i f the application o f a linguistic interpretation of a civil law provision uniformly denotes its meaning, such an interpretation is absolutely binding and precludes any referral to the method, systematic or functional, of that interpretation. The author postulates that in either o f those situations, all three methods of interpretation must be used in order to achieve a reconstruction o f a given legal norm. Therefore it cannot be excluded that the meaning of the norm reconstructed on the basis o f the systematic and functional method, may be different from what can be achieved based on the linguistic provision only. The most recent judicial decisions of the Supreme Court seem to follow that concept.