Odpowiedzialność inwestora i wykonawcy wobec podwykonawcy w świetle art. 6471 § 5 Kodeksu Cywilnego
The Investor’s and Contractor’s Liability toward the Subcontractor in Light of Article 6471 (5) of the Civil Code

Summary/Abstract: The joint and several liability of the contractor and the investor for the payment of remuneration to the subcontractor is based on the premise that timely performance of obligations is a significant practical issue. Given the fact that the character of the aforementioned legal structure is specific, guaranteeing, and a break from the principle that contracts are only binding on the contracting parties, the construal of the grounds for liability for another person’s debts should be strict. Judicial decisions cited in this article reflect the existence of divergent approaches toward construing the investors’ consent as grounds for their several and joint liability. The dominant approach and its implications have warranted interference by the lawmakers.

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