Legal Nature of the Investor's Consent to the Conclusion of the Agreement with Sub-contractor

Author:Slawomir Dominik Szejna
Position:PhD Student, Faculty of Law, University of Silesian, Poland
Pages:105-114
SUMMARY

Author of present article presents and comments on the divergent views of doctrine and judicature concerning the legal nature of the investor’s consent to the conclusion of the agreement for subcontracting, arose from the introduction of the provisions of Article 647 § 2 and 3 to the Polish Civil Code with Act dated 14 February 2003 amending the Act - the Civil Code and other acts.

 
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Abstract
: Author of present art
judicature concerning the legal
n
subcontracting, arose from the in
Civil Code with Act dated 14
Author refers also to the joint
subcontractor and to the formal r
agreement between t he contracto
for the payment of salaries inve
because it protects the interests o
the test makers institution may u
insolvency of contractors through
Keywords: subcontracting;
cons
1. The Personal Nature
Agreements for Constr
Until the introduction of
(hereinafter referred to as
agreements for subcontrac
such possibility. This pos
definition of agreement c
facility, not its execution
shall execute the construct
(Okolski, 1976, p. 100; Zie
1
PhD Student,
Faculty of Law
Tel.:+48 32 359 24 00,
Correspo

Sławomir SZEJNA
1
article presents and comments on the divergent views of doctrin
nature of the investor’s consent to t he conclusion of the agreeme
e introduction of the provisions of Article 647
1
§ 2 and 3 to the
4 February 2003 amending the Act
– the Civil Code and o
ther
int responsibility of the investor and the contractor towards f
al requirements of giving the investor’s consent to the conclusion
ctor and the sub
contractor.
The institution of joint and several li
nvestor s ubcontractors, is in the Polish private la w remedy imp
ts of subcontractors by the insol vency of construction contractors.
y use other countries to protect the interests of subcontractors again
ugh the introduction of these regulations into their legal systems
onstruction works
contracts; specific legal structure
re of the Obligations Performance Result from
struction Works Execution
f the provision of Article 647
1
to the Polish Civil C
as the Civil Code), the contractor was free to enter
racting, unless the construction works agreement excl
osition was justified by the doctrine that,
since statu
t construction works emphasizes on handing over o
this means, that it is immaterial whether the contr
ction works by himself or by third parties (subcon
trac
Zielinska, 2009, p. 180).
aw, University of Silesian, P oland
,
Bankowa 12, Katowice, P
ponding author: sszejna@o2.pl.
AUDJ, vol. 9, no. 1/2013, pp. 10
Legal Nature of the Investor’s Consent
the Conclusion of the Agreement with
Sub-contractor
RIDICA
105

trine and
ment for
e Polish
her acts.
s further
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l liability
mportant
rs.
Thus,
ainst the
om the
il Code
ter into
xcluded
tatutory
of the
ntractor
ractors)
, Poland
,
105
-114
ent to
ith

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