Responsibility for delays in payments in commercial transactions during the SARS-CoV-2 virus pandemic Cover Image

Odpowiedzialność za opóźnienia w płatnościach w transakcjach handlowych w dobie pandemii wirusa SARS-CoV-2
Responsibility for delays in payments in commercial transactions during the SARS-CoV-2 virus pandemic

Author(s): Anna Kanarek-Równicka
Subject(s): Health and medicine and law, Commercial Law
Published by: Instytut Nauk Prawnych PAN
Keywords: delays in payment in commercial transactions; rebus sic stantibus; pandemy SARS-CoV-2;

Summary/Abstract: This study deals with the debtor’s liability for late payment in commercial transactions that arose as a result of the SARS-CoV-2 pandemic. Lack of timely payment for the goods or services delivered is a common phenomenon, usually due to the sole fault of the debtor. Restrictions on the functioning of economic activities that occurred as a result of the epidemic did not remain indifferent to those entities that have so far diligently fulfilled their obligations. These entities are looking for solutions that will allow tchem to avoid the negative financial consequences associated with the emergency. An example of such a solution is the institution rebus sic stantibus. The purpose of the article is to assess whether it is possible to use the rebus sic stantibus clause to reduce the debtor’s financial problems for arising and unforeseen delays in payments.

  • Issue Year: 223/2021
  • Issue No: 1
  • Page Range: 57 - 80
  • Page Count: 24
  • Language: Polish