Abstract

Contrary to many views, the expression of equivalence is not art. 487 § 2 of the Civil Code, but norms outside the regulation of mutual agreements, i.e. art. 5, 58 § 2, 388 of the CC and art. 15 section 1 point 4 of the Act on Combating Unfair Competition. These provisions serve either to restore violated equivalence (Article 388 of the CC), or to restitute – under regulations on unjustified enrichment – benefits received by the parties to an agreement deemed invalid due to the conflict of its provisions with the principles of social coexistence or the law (Articles 5, 58 § 2 of the CC and Article 15 Section 1 point 4 of the ACUC). Equivalence is incorrectly identified with the concept of payment. The first notion is broader in nature and includes objective as well as subjective elements. The latter however is purely objective.