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2017 | 26 | 4 | 877-912

Article title

Wykładnia klauzuli zastrzegającej kary umowne za opóźnienie w wykonaniu zobowiązania niepieniężnego

Title variants

EN
The interpretation of a liquidated damages clause enforced in the case of a delay in the performance of non-cash obligations

Languages of publication

PL

Abstracts

EN
Clauses of contract which determine the obligation of payment a contract penalty for default (for each day) in case of delaying of a subject of acceptance by a contractor are commonly used in building contracts. Understanding of such clauses doesn't cause doubts. Quid iuris when the parties of a contract decide to use a penalty clause for delay, not for default? Does it mean that the contractor becomes strict liable? The answer to such a question is the main point of this article. If we want to find the answer for this, we have to use the interpretation of law, mainly the interpretation of the article 473 § 1 of the Polish Civil Code and the interpretation of declarations of intend in the eyes of directives which are enclosed in the article 65 of the Polish Civil Code. The result of such analysis is the critical opinion of the case-law of Polish courts which states that such clause (the penalty clause for delay) gives the contractor any possibility of not paying contract penalties.

Year

Volume

26

Issue

4

Pages

877-912

Physical description

Contributors

  • Nicolaus Copernicus University in Toruń

References

Document Type

Publication order reference

Identifiers

YADDA identifier

bwmeta1.element.desklight-9583ce1d-eace-4d1c-ba95-9209a1951190
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