Kilka kwestii o FIDIC'a
AbstractThe aim of this paper is to point out several legal problems that may appear during the preparation and execution of FIDIC-based contracts in Poland. Due to the Anglo-Saxon origin of FIDIC contracts and the mandatory rules of Polish law, the application of some of the FIDIC provisions in their original form brings about various consequences such as nullity of the clause itself, replacement of the clause with Polish mandatory provisions of ius cogens nature, or nullity of the whole contract. An example of such a provision is a subclause 20.1 regarding contractor’s claims against an employer. Here the issue of time bar and statute of limitations in respect to the notification of the contractor’s claim is discussed. The author also draws attention of the reader to the problems concerning translation of the original version of FIDIC contracts into Polish and arrives at the conclusion that FIDIC contracts must firstly be carefully adapted by the parties before they are applied to the Polish legal system.
|Journal series||Radca Prawny. Zeszyty Naukowe , ISSN 2392-1943, (0 pkt)|
|Publication size in sheets||0.55|
|Keywords in Polish||FIDIC, umowa o roboty budowlane, subklauzula, roszczenie, umowny termin zawity, przedawnienie, swoboda um|
|Keywords in English||FIDIC, construction works contract, subclause, claim, contractual final date, limitation period, freedom of contracts|
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