Legislator Case Law & Legislation
VI GC 177/14 AI generated

Court partially allowed claim by reducing excessive contractual penalty to half under Civil Code provisions.

Case Number VI GC 177/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially dismissed the plaintiff's claim for the full contractual penalty while awarding half of the claimed amount. The defendant argued for the full penalty based on the contract terms, but the plaintiff contended the delay was caused by construction work and the penalty was disproportionately high. The court ruled that the penalty was unreasonably excessive given the short delay and lack of proven damages, applying the statutory right to mitigate the penalty by half.

Legislator headnote

AI generated

Art. 484 ust. 2 k.c.; Art. 481 k.c.: Where a contractual penalty is unreasonably excessive, the court may mitigate it, typically by reducing it to half the amount claimed, provided the delay was not solely attributable to the debtor.

Keywords

AI generated
excessive contractual penalty mitigation of damages unreasonable penalty reduction contractual delay civil code mitigation

Cited Legislation

AI generated
Art. 484 ust. 2 k.c.
Art. 481 k.c.
Art. 100 k.p.c.

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