Data początkowa naliczania odsetek za opóźnienie w zapłacie odszkodowania i zadośćuczynienia
The starting date of charging interest for delay in payment of damages and compensation for moral harm

Summary/Abstract: Determining starting date of charging interest for delay in payment of damages and compensation for moral harm is one of the controversial issues in the jurisprudence of the Polish courts and legal doctrine. According to one view, interest can be awarded only from the date of the verdict. According to the opposite position, it can be granted before the judgement, i.e. from the day on which a claim becomes due and payable as a result of a request of payment or special regulations. The former has a better justification due to the nature of compensation obligations. The debtor in these obligations is not obliged to return determinate amount of money, but to compensate for damages in specific goods. For this reason, before the final court’s verdict the sum of money to pay changes all the time. Moreover, the effect of awarding interest before the verdict is a double valorization of damages, which is unfair to the debtor.

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