The Common Frame of Reference – The Perspective of a new Member State

Prof. Ewa Łȩtowska 1 , 1  and Aneta Wiewiórowska-Domagalska 2 , 2
  • 1 Polish Academy of Science.
  • 2 PhD candidate Utrecht University, co-worker of the Polish Civil Law Codification Commission.


For Poland – not only a new member of the European Union, but also a young democracy – EU plans concerning the future of private law have been received with great interest, especially given the background of the legal system, which is still in the process of changing and adjusting to new socio-economic realities. At the same time, Poland suffers from a deficit of information concerning the vision and the process of the europeanization of private law. The first part of this article gives an overview of the current situation of the Polish legal system – it analyses the state of affairs in Poland after 1989 (II), defines the most important problems of the legal system (III), and its greatest challenges (IV). The second part of the article presents a Polish perspective on the harmonisation of private law in general, and on the Common Frame of Reference in particular.

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This journal deals with contract law and serves as a pan-European platform for discussion and analysis. Since the early 2000s when this journal was created, European Contract Law has come to encompass an increasingly comprehensive body of law. The importance and breadth of the field and the methods and questions involved are such that ERCL has established itself as the specialised European journal in this area.