Abstract

The legal institution of moderating contractual penalties is laid down in Art. 484 § 2 of the Polish Civil Code, in which it has been present from the beginning without any amendment. Although prima facie it would seem that due to the lack of an amendment the view of the practice as to this institution should be permanent and consolidated, such an assessment would be premature. For this reason, the article’s aim is to analyse the latest jurisprudence of the Supreme Court, which deals with the issue of moderating contractual penalties, and thus to present the current state of the practice as regards the nature of this legal institution. It is also advisable to look at the formal requirements of the request for moderation and the circumstances that are taken into account in connection therewith.