The Origins of the Rules on Imputation of Payments in the Polish Law of Obligations

This article deals with the origins of the rules on imputation of payments in the Polish law of obligations. These rules apply to the situation when there exist more contracts of the same type of performance between the same parties, and the performance of the debtor does not allow the discharge of all obligations. The article focuses primarily on the regulation existing in the Polish Code of Obligations of 1933. The authors of this Code faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was a great opportunity to create original new solutions. The importance of the way in which the authors of the Polish Code of Obligations created it, can also be seen in the analyzed rules on imputation of payments. This article first outlines Roman solutions as a common benchmark for European codifications of the Civil Law; then those codifications and drafts which were relevant to the rules got adopted in the Polish Code of Obligations. Finally, the article is aimed to show to what extent the regulations of the Code of Obligations have influenced the rules in the Polish Civil Code of 1964.

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6_Śródła regulacji zarachownia świadczenia w polskim prawie zobowiazań.pdf

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