Object

PLMET:

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Title:

Applying the 20.1 Sub-Clause of the Fidic Conditions of Contract under Standards of Polish Civil Law

Creator:

Jaworski, Bartłomiej

ORCID:

0000-0002-8673-996X

Subject and Keywords:

FIDIC   legal nature of FIDIC conditions of contract   FIDIC conditions of contract   construction works   legal standards of Polish civil law  
FIDIC   charakter prawny warunków kontraktowych FIDIC   warunki kontraktowe FIDIC   roboty budowlane   normy prawne polskiego prawa cywilnego

Abstract:

FIDIC conditions of contract are patterns of contractual agreements for project or construction works widely used in the world. They were designed to facilitate the implementation of construction investment for all participants. The construction practice of many countries of the world (including Poland) uses those commonly recognized international standards, although their legal nature differs in each country which uses them and it is often hard to determine the place of the FIDIC conditions of contract in national legal systems. This problem also applies to our country because the norms of civil law in accordance with the directly expressed principle of freedom of contracts allows the introduction of the FIDIC conditions of contract into agreements to perform design or construction works, but there is still a problem of some FIDIC provisions being inconsistent with the standards of the Polish civil law. An example of such incorporation of FIDIC conditions of contract causing doubts of interpretation as to their compliance with the standards of Polish law can be the 20.1 FIDIC Sub-Clause discussed in this article. This regulation seems to contain provisions inconsistent with the standards of the Polish Civil Code. It seems that this regulation contains provisions inconsistent with the norms of the Polish Civil Code, whose possible legal consequences should be looked at more closely and to trace the case law of Polish courts in this regard. It can be said that the FIDIC conditions of contract are extralegal standards functioning in the legal order without the mediation of a reference standard. They are peculiar standards-patterns with a prenormative nature and which, although indirectly, are valid do not exist in the Polish legal order through legal norms. The significant conclusion results from the article considerations - the FIDIC conditions of contract, due to their not exactly specified legal nature, take effect only to the extent that it does not conflict with national standards.

Place of publishing:

Wrocław

Publisher:

University of Wroclaw. Faculty of Law, Administration & Economics

Contributor:

Kozłowski, Artur. Editor-in-Chief

Date issued:

2017

Resource Type:

text  
tekst

Detailed Type:

article  
artykuł

Identifier:

oai:repozytorium.uni.wroc.pl:131362   eISSN 2084-1264

DOI:

10.1515/wrlae-2018-0014

Language:

eng

Abstract Language :

eng

Relation:

Wroclaw Review of Law, Administration & Economics, vol.7, no.2, 2017, pp.14-23

Is version of:

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Access rights:

Attribution  
Uznanie autorstwa

License:

Creative Commons - Attribution (CC BY 4.0)  
Creative Commons - Uznanie autorstwa (CC BY 4.0)

Rights holder:

Copyright by Wroclaw Review of Law, Administration & Economics, published by Sciendo

Autor opisu:

WR U/PAdbg