Abstract

The Supreme Court resolution of 28 April 2022 r. (III CZP 40/22) refers to several issues that are significant from the viewpoint of contract law. First of all, it provides an opportunity to look more closely at the characteristics (nature) of a relationship within the meaning of Art. 353¹ of the Civil Code, i.e. the nature of an obligation as one of the preconditions for restricting the freedom of contract. The key doubt, however, is associated with the need to clarify the relationship between the nature of an obligation referred to in Art. 353¹ of the Civil Code and impermissible contractual clauses. The properties of both constructions from the viewpoint of national law as well as the EU character of claims arising in connection with impermissible contractual clauses need to be considered. konstrukcji z perspektywy prawa krajowego, jak też unijny charakter roszczeń wywodzonych z przepisów o niedozwolonych postanowieniach umownych.