Post by account_disabled on Nov 12, 2023 6:14:06 GMT
Resolution of the Supreme Court of December , , ref. no. act III CZP / It is permissible to provide for a contractual penalty for delay in performance of the obligation in the form of a specific percentage of the agreed contractual remuneration for each day of delay, even if the final date for calculating the contractual penalty or its maximum amount has not been specified. Decision of the Supreme Court of September. file I CSK / The necessary content of an important clause stipulating a contractual penalty.
Is to specify the amount constituting the contractual penalty in the event of non-performance or improper performance of a non-pecuniary obligation. When determining the contractual penalty, it is allowed to use objective measures of the amount, e.g. a fraction of the value philippines photo editor of the item or a fraction of the total, if determining this amount is only an arithmetic procedure. The use of a legal structure assuming the future determination of the basis for calculating a contractual penalty is not consistent with Art. § in connection with joke. § of the Civil Code.
It is important that both the parties and the court hearing the case are able to calculate the amount of the contractual penalty, which should be possible to determine at the time of concluding the contract, and its amount should not require proof. Judgment of the Court of Appeal in Kraków of September. file I AGa The contractual penalty should be calculable at the time of concluding the contract, and its amount should not require proof. Decision of the Supreme Court of August
Is to specify the amount constituting the contractual penalty in the event of non-performance or improper performance of a non-pecuniary obligation. When determining the contractual penalty, it is allowed to use objective measures of the amount, e.g. a fraction of the value philippines photo editor of the item or a fraction of the total, if determining this amount is only an arithmetic procedure. The use of a legal structure assuming the future determination of the basis for calculating a contractual penalty is not consistent with Art. § in connection with joke. § of the Civil Code.
It is important that both the parties and the court hearing the case are able to calculate the amount of the contractual penalty, which should be possible to determine at the time of concluding the contract, and its amount should not require proof. Judgment of the Court of Appeal in Kraków of September. file I AGa The contractual penalty should be calculable at the time of concluding the contract, and its amount should not require proof. Decision of the Supreme Court of August