Monitor Prawa Handlowego

no. 4/2012

Debate on whether potestative condition can be inserted in an agreement governed by Civil Code

Marcin Chomiuk
Autor jest radcą prawnym w kancelarii prawnej JARA and PARTNERS Sp.k. w Warszawie.
Abstract

The debate which is currently underway between civil law practitioners canters on the use of conditions whose occurrence depends on the actions of one of the contractual parties. An insertion of such conditions where it is not in line with Polish civil law can have far-reaching practical implications. The problem has prompted the author to analyse the relevant jurisprudence.