Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error?

• Authors: Przemysław Mańke
• Languages of publication: EN

Abstracts

EN

The purpose of this article is to present and assess the impact of the regulation Art. 6471CC on subcontractors in the construction market and outline doubts in respect of the contents of the regulations. The first part of the article shows reasons why the regulation concerned was enforced – unfair practices in the construction services market which had a detrimental impact on subcontractors. Furthermore, selected doubts are presented, those associated with the contents of the regulation in question and raised by the doctrine and jurisdiction, for example, the legal nature of the investor’s consent or the investor’s joint and several responsibility. It is important to indicate the contrast between the unprob-lematic legislative process and doubts disclosed during its application. The author of this article also depicts two proposed modifications, which appeared in doctrine. The impor-tant issue for this article is also a description of the amended text of this regulation and comparison to the previous one. In conclusion, it should be emphasized that art. 6471 CC is really important for the polish legal system but both the previous content of this regula-tion and the present one aren’t sufficient to guarantee the lack of doubts in interpretation

Keywords

EN

art. 6471 CC; protection of subcontractors; investor’s consent; joint and several responsibility; legislator’s error

PL

art. 6471 CC; protection of subcontractors; investor’s consent; joint and several responsibility; legislator’s error

• Publisher: Uniwersytet im. Adama Mickiewicza w Poznaniu
• Journal: Adam Mickiewicz University Law Review
• Year: 2018
• Volume: 8

Dates

published

2018-12-15

Contributors

author

Przemysław Mańke

Identifiers

DOI

10.14746/ppuam.2018.8.21