Open AccessLiquidated damages for failure to pay or delayed payment of remuneration to subcontractors — comments on the background of the resolution of the Supreme Court of 30 June 2020, III CZP 67/19
Author(s) -
Cyprian Herl
Publication year - 2021
Publication title -
studenckie prace prawnicze, administratywistyczne i ekonomiczne
Language(s) - English
Resource type - Journals
ISSN - 1733-5779
DOI - 10.19195/1733-5779.35.3
Subject(s) - remuneration , damages , payment , supreme court , law , jurisprudence , civil code , procurement , business , political science , finance , marketing
The subject of this work is the issue of the admissibility of stipulating liquidated damages for failure to pay or delayed payment of remuneration to subcontractors in the light of article 483 par. 1 of the Civil Code, which allows stipulating contractual penalties only in non-pecuniary obligations. The basis for the considerations is the content of the resolution of the Supreme Court of June 30th, 2020 (III CZP 67/19), which took a firm position in the ongoing legal discourse. This publication is a comparison on the basis of the previous jurisprudence and the doctrine of the relationship between liquidated damages defined in article 483 par. 1 of the Civil Code, and liquidated damages provided for in the Act of 29th January 2004 — Public Procurement Law.