Post by account_disabled on Nov 12, 2023 6:03:14 GMT
The contractual penalty regulated in the contract constitutes an additional contractual stipulation which, in accordance with the principle of freedom of contract, may be introduced into the content of the contract. It constitutes a kind of guarantee that the debtor will fulfill the obligation. It should be borne in mind that the contractual penalty can only be in the form of money . The literature indicates that a contractual penalty also occurs when the debtor has accepted responsibility for non-performance or improper performance of an obligation due to circumstances for which he is not responsible under the law.
His liability is independent of fault, but based on the principle of risk - as a result, it also covers philippines photo editor liability for the effect caused by force majeure so P. Zakrzewski in Civil Code. Comment. Volume III. Commitments. General part art. A contractual penalty is a manifestation of general contractual liability and therefore the debtor cannot avoid fulfilling the obligation by paying it. Dispositive art. § allows such a possibility only with the creditor's consent. It should be noted, however, that if a contractual penalty is payable only in the event of failure to fulfill an obligation, the creditor cannot demand performance and payment of the penalty at the same time as T. Wiśniewski in Civil Code. Comment.
Volume III. Commitments. General part, ed. II, ed. J. Gudowski, Warsaw , art. . If you are wondering how to settle contractual penalties in business transactions, go to this article. Case law Judgment of the Court of Appeal in Szczecin of May. file I AGa / The institution of contractual penalty provided for in the Civil Code is a contractual provision modifying the principles of liability for damages for non-performance or improper performance of an obligation, provided for in Art.
His liability is independent of fault, but based on the principle of risk - as a result, it also covers philippines photo editor liability for the effect caused by force majeure so P. Zakrzewski in Civil Code. Comment. Volume III. Commitments. General part art. A contractual penalty is a manifestation of general contractual liability and therefore the debtor cannot avoid fulfilling the obligation by paying it. Dispositive art. § allows such a possibility only with the creditor's consent. It should be noted, however, that if a contractual penalty is payable only in the event of failure to fulfill an obligation, the creditor cannot demand performance and payment of the penalty at the same time as T. Wiśniewski in Civil Code. Comment.
Volume III. Commitments. General part, ed. II, ed. J. Gudowski, Warsaw , art. . If you are wondering how to settle contractual penalties in business transactions, go to this article. Case law Judgment of the Court of Appeal in Szczecin of May. file I AGa / The institution of contractual penalty provided for in the Civil Code is a contractual provision modifying the principles of liability for damages for non-performance or improper performance of an obligation, provided for in Art.