Abstract

The commentary concerns the judgment of the Court of Appeal in Kraków of 8 May 2018 which addresses many significant issues concerning price reduction. The Court of Appeal found it admissible for price reduction to take into account the amount resulting from temporary inability to use an apartment because of its defects. The Author of this commentary indicates that in the process of price reduction it is not acceptable to take into account the amount connected with temporary inability to use the good for the time of repair, the cost of repairing or removing the defects. In the opinion of the Author, payment of these costs could be claimed by the buyer under the provisions concerning liability for improper performance of obligation by the seller. Art. 560 § 3 of the Civil Code clearly sets out the proportion by which price should be reduced. In addition, the study refers to the doctrine of price reduction adopted under Art. 50 of the United Nations Convention on Contracts for the International Sale of Goods, which introduces a price reduction mechanism similar to Polish legal solutions.