Instytucja antycypowanego niewykonania zobowiązania w prawie polskim w kontekście doktryny anticipatorybreach of contract – o konstrukcji art. 492(1) kodeksu cywilnego (analiza prawno-porównawcza)

Abstract

Various aspects of the anticipated (expected) breach of duties under the contractual relationship have been the subject of discussion for years on the basis of the Polish Civil Code of 1964, which had not provide a general legal basis entitling the creditor to terminate the contract before it becomes due. This situation has changed with the entry of the amendment of May 30, 2014 – implementation of Article. 492 1 of the Civil Code was an important legislative step, which requires a comprehensive comment. A comprehensive linguistic and functional analysis of the said provision, regulating an inevitable non-performance, however, requires a broader view, especially from the perspective of the common law system (as an institution of Anglo-Saxon origin) or other international regulations (which are a source of inspiration for the Polish legislator). Both legal and comparative verification not only facilitates a fuller understanding of the nature of the anticipatory breach institution itself, but above all, allows to realize the consequences and a number of contentious issues involving the practical application of the institution of art. 492 1 of the Civil Code from the perspective of participants of the legal and economic market.