Abstract

The gloss concerns the resolution adopted by a panel of seven judges of the Supreme Court on 20 November 2019 (III CZP 3/19). The Supreme Court indicated that it is unacceptable to reserve a contractual penalty in the event of withdrawal from a contract due to non-performance of a pecuniary obligation. The author of the gloss agrees with the thesis put forth by the Supreme Court. The content of the gloss contains additional arguments which, in the author’s opinion, support the thesis of the Supreme Court. The author has analysed and assessed two previous positions regarding the impact of the cause of withdrawal from a contract on the possibility of enforcing the contractual penalty stipulated in the contract. The author also draws attention to the importance of the resolution of the Supreme Court for the construction industry, in particular for the contractor or investor.