Prawo Zamówień Publicznych

no. 3/2023

Settlement (Articles 917-918 of the Polish Civil Code) in civil law and in the Public Procurement Law

DOI: 10.32027/PZP.23.3.1
Małgorzata Pyziak-Szafnicka
Prof. dr hab. Katedra Prawa Cywilnego WPiA UŁ
Abstract

Settlement is one of the typical agreements regulated by the Polish Civil Code (Articles 917-918), a way of removing doubts and resolving disputes arising between parties of different legal relations. Through mutual concessions, the parties redetermine the shape of their relations, which allows them to avoid a court trial. A settlement does not require any special form and its content is the result of a free decision of the parties. The Public Procurement Law allows the settlement of disputes arising from specific orders (Article 591 clause 1). However, the range of settling the content of a public procurement is restricted by regulations on acceptable changes to a contract. In any case, settlements must be in writing in order to be valid.

Keywords
settlement, (mutual) concessions, establishment of legal relations, dispute resolution, out-of-court procedure