Abstract

In the comment to the resolution of the Supreme Court of 20 January 2022, III CZP 8/22, the opinion expressed therein was approved that the provision of the contract for establishing perpetual usufruct specifying the obligation of the perpetual usufructuary to pay a contractual penalty in the event of failure to develop the property within the specified period is invalid. In the opinion of the glossator, it is supported primarily by the arguments of functional (purposeful) and systemic inter-pretation. The judgment itself may contribute to the unification of the jurisprudence of commoncourts in cases involving the payment of contractual penalties in this respect.

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