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
Subject and Keywords:
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.