Teoretycznoprawne aspekty umownych terminów zawitych w umowie o roboty budowlane

Abstract

Nowadays, when drawing up construction contracts (in Poland and in other countries) next to the code regulations are increasingly used some general contractual patterns containing a detailed proposal for the creation of the rights and obligation of the contract parties. Among the provisions contained in the contractual patterns and often incorporated into the contracts are clauses imposing on one of the parties the requirement to fulfil specific obligations within the prescribed period and providing far legal sanctions for failure to meet abovementioned deadline. This type of provisions have raised many doubts for years, as failure to comply an obligation within the time limit leads to deprive the party of its contractual right to pursue a claim, what is determined by some commentators as contradictory with the rules of limitation. The dispute over the admissibility of the application of these clauses that have been in the doctrine and in the jurisprudence for years seems to end the latest position of the Supreme Court, which was analysed in this study.