W kierunku ograniczonej normatywnie sankcji sędziowskiej jako proporcjonalnej reakcji na wadliwość czynności prawnych (umów) w nowoczesnym obrocie prawnym

The main objective of the theoretical and legal considerations is to indicate the direction of modernization of the legality control mechanism in modern legal transactions, which is still based on the traditional, dogmatic sanction of invalidity by operation of law (ex lege) of the legal consequences of a defective legal act (contract), as a non-compliant act with the law or moral norms Because of the disproportionate and ineffective nature of this sanction in the new conditions, jurisprudence and legislation aptly direct their attention towards the normatively limited structured discretion derived from the common law tradition as a proportional and flexible response to the defectiveness of a legal act (contract). The statutory judicial sanction, which became the basis for the judicial system’s reform in common law countries, also found expression in the EU model law (PECL, DCFR), and also influenced the construction of sanctions for the defectiveness of legal acts (contracts) in the new projects of the civil code