O sensie gospodarczym umowy o zwolnienie dłużnika z obowiązku świadczenia – uwagi polemiczne

Authors:

• Andrzej Szlęzak

Abstract

The author disagrees with Magdalena Wilejczyk's interpretation of the agreement set forth in Article 392 of the Polish Civil Code (hereinafter, the „CC”) in terms of a contract obligating a „third party” to replace its creditor in rendering performance in favour of such creditor's creditor. The author is of the opinion that the said agreement is a „guarantee-type” agreement, obligating the debtor (a „third party” under Art. 392 CC) to redress the damage incurred by its creditor should the creditor of the third party's creditor demand (and receive) performance from its debtor. Further, the author disagrees with Magdalena Wilejczyk's belief that a necessary feature of a „guarantee-type” agreement is a „third party's” right of recourse towards its creditor should such „third party” render performance in favour of its creditor's creditor.