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Reasonable employer — aid for joint and several liability of an entrepreneur for paying the remuneration of a subcontractor reasonable employer — aid for joint and several liability of an entrepreneur for paying the remuneration of a subcontractor

construction works contract investor contractor subcontractor joint and several liability of the investor reasonable employer

Tyt. tomu: Założenie racjonalnego prawodawcy w polskim porządku prawnym. Księga Jubileuszowa z okazji siedemdziesięciopięciolecia Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

The implementation of joint and several liability of the investor to the Polish Civil Code (CC) was to be a remedy for payment problems of subcontractors that had not received their remuneration for construction works that they had conducted. By agreeing to conclude a subcontracting agreement, the investor was to jointly and severally be liable with the contractor for paying the remuneration of the subcontractor. The manner of drawing up Article 6471 of the CC did not allow for achieving the goals assumed by the employer, thus it was necessary to refer to the paradigm of a reasonable employer. Only then was that provision able to gain an acceptable and internally consistent content.

Wydawnictwo Uniwersytetu Wrocławskiego

ISSN 0137-1134 ISSN 0239-6661

10.19195/0137-1134.120.90

PAd P 101660 II

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3978. Przegląd Prawa i Administracji 2020, 120, cz. 2, s. 549-558

Czasopisma Naukowe w Sieci (CNS)

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