- Tytuł:
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Liquidated damages in Polish civil law
Odszkodowanie umowne w polskim prawie cywilnym - Autorzy:
- Mielniczek, Tomasz
- Słowa kluczowe:
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penalty clause, liquidated damages, mitigation, function of penalty clause, excessive amount
Object of this thesis is to analyse institution of penalty clause regulated in Polish Civil Code, taking into account its compensatory nature in the first place. Key issues were raised as function of penalty clause, its characteristics, range of compensation due to creditor and mitigation. Thesis includes analysis of liquidated damages, regulated in Polish Code of Obligations, as it is predecessor of penalty clause .Penalty clause is legal institution which arouses a lot of controversies in doctrine and judicature, there is lack of unified views in this matter. This state is highly undesirable taking into consideration significance of penalty clause in business transactions. Study includes present doctrine achievements in this matter and newest judicature. - Pokaż więcej
- Dostawca treści:
- Repozytorium Uniwersytetu Jagiellońskiego