Comparison of the regulation of contractual penalties and related questions in the Czech and Polish legal orders

• Authors: Adam Świerczek
• Languages of publication: EN

Abstracts

EN

This article deals with the presentation of the contractual penalty concept which is regulated in the Czech as well as Polish Civil Code. Then the two are compared, namely their individual aspects, in regard to the aforementioned measure within both legal systems. The first part primarily focuses on the interpretation of the content of measures of contractual penalty and the identification of elementary differences. What follows is the analysis of the functions of contractual penalties, again with emphasis on the comparison of the function of the Czech and Polish contractual penalties. The next part deals with the relationship of the contractual penalty with damages. This stage then deals with to what extent the contractual latitude may be applied in the Polish legal system when setting up the contractual conditions for the application of contractual penalty as well as the compensation of damages resulting from violation of obligation. In conclusion there are presented measures similar to contractual penalty such as penalties and interest on late payments, especially from the Polish legal code’s point of view.

Keywords

EN

contractual penalty; comparison; Polish Civil Code; Polish legal system; contractual penalty function; damage compensation; interest on late payment

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2021
• Volume: 11
• Issue: 3
• Pages: 428-439
• Document type: ARTICLE

Contributors

author

Adam Świerczek

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