Acta Universitatis Danubius. Juridica, Vol 9, No 1 (2013)

Abstract

Author of present article presents and comments on the divergent views of doctrine and judicature concerning the legal nature of the investor’s consent to the conclusion of the agreement for subcontracting, arose from the introduction of the provisions of Article 647¹ § 2 and 3 to the Polish Civil Code with Act dated 14 February 2003 amending the Act – the Civil Code and other acts. Author refers also to the joint responsibility of the investor and the contractor towards further subcontractor and to the formal requirements of giving the investor’s consent to the conclusion of the agreement between the contractor and the subcontractor. The institution of joint and several liability for the payment of salaries investor subcontractors, is in the Polish private law remedy important because it protects the interests of subcontractors by the insolvency of construction contractors. Thus, the test makers institution may use other countries to protect the interests of subcontractors against the insolvency of contractors through the introduction of these regulations into their legal systems