Abstract

The gloss addresses the Supreme Court judgment of 2 June 2021, III CSKP 7/21. The commented judgment refers to the issue of making payment of all remuneration due to a contractor subject to a condition within the meaning of Art. 89 of the Civil Code and making the claim for payment of remuneration dependent on additional ancillary performances and acts of diligence in the works contract The author refers to the issue of understanding a condition depending on the will of the parties and admissibility of its reservation, while pointing to the views of the doctrine developed in this respect and the needs of business. Also raised is the subject of performance as a condition and documented acceptance of works. In the conclusions, the author indicates the need to recognize the possibility of a reserved condition depending on the will of the party as consistent with the current needs of economic turnover in relation to the maturity of the contractor’s claim while pointing out the deficiencies in the meaning of ancillary performances and acts of diligence in the commented judgment in relation to the definition of the potestative condition developed in the doctrine.