Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error?
The purpose of this article is to present and assess the impact of the regulation Art. 6471CC on subcontractors in the construction market and outline doubts in respect of the contents of the regulations. The first part of the article shows reasons why the regulation concerned was enforced – unfair...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2018-12-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/21587 |
| _version_ | 1797839920275914752 |
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| author | Przemysław Mańke |
| author_facet | Przemysław Mańke |
| author_sort | Przemysław Mańke |
| collection | DOAJ |
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The purpose of this article is to present and assess the impact of the regulation Art. 6471CC on subcontractors in the construction market and outline doubts in respect of the contents of the regulations. The first part of the article shows reasons why the regulation concerned was enforced – unfair practices in the construction services market which had a detrimental impact on subcontractors. Furthermore, selected doubts are presented, those associated with the contents of the regulation in question and raised by the doctrine and jurisdiction, for example, the legal nature of the investor’s consent or the investor’s joint and several responsibility. It is important to indicate the contrast between the unprob-lematic legislative process and doubts disclosed during its application. The author of this article also depicts two proposed modifications, which appeared in doctrine. The impor-tant issue for this article is also a description of the amended text of this regulation and comparison to the previous one. In conclusion, it should be emphasized that art. 6471 CC is really important for the polish legal system but both the previous content of this regula-tion and the present one aren’t sufficient to guarantee the lack of doubts in interpretation
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| first_indexed | 2024-04-09T16:05:59Z |
| format | Article |
| id | doaj.art-1d8ed8beddfb403a90794b115f9c7c5f |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-09T16:05:59Z |
| publishDate | 2018-12-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-1d8ed8beddfb403a90794b115f9c7c5f2023-04-25T06:41:49ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762018-12-01810.14746/ppuam.2018.8.21Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error?Przemysław Mańke0Adam Mickiewicz University in Poznań, Faculty of Law and Administration The purpose of this article is to present and assess the impact of the regulation Art. 6471CC on subcontractors in the construction market and outline doubts in respect of the contents of the regulations. The first part of the article shows reasons why the regulation concerned was enforced – unfair practices in the construction services market which had a detrimental impact on subcontractors. Furthermore, selected doubts are presented, those associated with the contents of the regulation in question and raised by the doctrine and jurisdiction, for example, the legal nature of the investor’s consent or the investor’s joint and several responsibility. It is important to indicate the contrast between the unprob-lematic legislative process and doubts disclosed during its application. The author of this article also depicts two proposed modifications, which appeared in doctrine. The impor-tant issue for this article is also a description of the amended text of this regulation and comparison to the previous one. In conclusion, it should be emphasized that art. 6471 CC is really important for the polish legal system but both the previous content of this regula-tion and the present one aren’t sufficient to guarantee the lack of doubts in interpretation https://pressto.amu.edu.pl/index.php/ppuam/article/view/21587art. 6471 CCprotection of subcontractorsinvestor’s consentjoint and several responsibilitylegislator’s error |
| spellingShingle | Przemysław Mańke Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza art. 6471 CC protection of subcontractors investor’s consent joint and several responsibility legislator’s error |
| title | Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? |
| title_full | Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? |
| title_fullStr | Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? |
| title_full_unstemmed | Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? |
| title_short | Art. 647(1) CC – Important Protection of Subcontractors in the Construction Works Contract or the Legislator’s Error? |
| title_sort | art 647 1 cc important protection of subcontractors in the construction works contract or the legislator s error |
| topic | art. 6471 CC protection of subcontractors investor’s consent joint and several responsibility legislator’s error |
| url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/21587 |
| work_keys_str_mv | AT przemysławmanke art6471ccimportantprotectionofsubcontractorsintheconstructionworkscontractorthelegislatorserror |