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  1. 1 Zeszyty Prawnicze BAS

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  1. 1 Lackoroński B.

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  1. 1 2013

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Lackoroński B.
Zeszyty Prawnicze BAS
|
2013
|
issue 4(40)
11-28
PL
The article deals with the character of the right to reduce price due to physical or legal defects of the thing sold. An analysis of the provisions of the Civil Code, case law and literature leads to the conclusion that the right to reduce the price should be considered as a unilateral‑modification clause. The author critically assesses the recognition of this right as a claim. The argument for this opinion of the author is that in adjusting the literal interpretation of Article 560 § 1 of the Civil Code, he takes into account both the systemic interpretation and functional interpretation (including teleological one). The author notes, however, that a consistent and unified position of the Supreme Court in which it recognizes that right as a claim, in practice, definitely confers such a character thereon.
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