Published: 2025-12-29

A few remarks on appropriate application of the law

Jacek Jaworski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.4.09

Abstract

“Appropriate application” is a reference to the application of other legal provisions. This article attempts to redefine this concept in terms of its understanding in the legal doctrine practiced in Poland to date and highlight the aspect of reference to a single provision (i.e. the micro scale), or to multiple provisions (i.e. the macro scale). The findings show that non-application cannot be considered appropriate application. The application of specific provisions, even in an appropriate manner, must involve at least partial implementation. In the case of a reference to multiple provisions, it is possible for a given provision to be waived, provided that another provision will still apply.

Keywords:

appropriate application, direct application, general clause, recognition, undefined concept, scope of application, legal grounds

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Citation rules

Jaworski, J. (2025). A few remarks on appropriate application of the law. Zeszyty Prawnicze, 25(4), 195–217. https://doi.org/10.21697/zp.2025.25.4.09

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