Abstract

The article dicusses the problem of applying the rebus sic stantibus clause, laid down in Art. 357¹ of the Civil Code, in connection with the regulation of the Minister of Health on the introduction on the territory of the Republic of Poland of the state of epidemic emergency, and subsequently the state of the SARS-CoV-2 virus epidemic. The authors analyse the circumstances in which it is possible to request the court to amend the mode of performance of an obligation, change the amount of consideration, or terminate a contract, taking into account current social and economic conditions. The article presents the view that temporary financial problems of market participants are not independently covered by the hypothesis of Art. 357¹ of the Civil Code, while the institution regulated in this provision may – providing additional conditions have been met – lead to judicial interference in non–monetary liabilities. The article draws attention to the problem of applying Art. 357¹ of the Civil Code and presents the view that under current conditions the rebus sic stantibus clause is not effective in protecting market participants, whose factual and legal situation has deteriorated significantly as a result of the epidemic.