Fulfillment of an Obligation to the Person who Bears a Receipt Issued by the Creditor: Origins of the Regulation in Polish law

This article deals with the origins of the Polish regulation on fulfilling an obligation to the person bearing a receipt issued by the creditor. The article focuses primarily on the regulation set forth in the Polish Code of Obligations of 1933 and its impact on the Polish Civil Code of 1964. The authors of the Code of Obligations 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 for them to introduce new, original solutions. The importance of the way in which the authors of the Polish Code of Obligations addressed this issue can also be seen in the analyzed rules on the fulfillment of an obligation to the person bearing a receipt issued by the creditor. This article first presents the origins of this legal construction in the first German Commercial Code (Allgemeines Handelsgesetzbuch of 1861) and then looks at codifications and drafts which were relevant to the provisions adopted in the Polish Code of Obligations. Finally, the article seeks to demonstrate to what extent the regulations of the Code of Obligations have influenced the provisions of the Polish Civil Code of 1964.

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