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Deduction of receivables under contractual penalty

In a resolution dated 5thNovember 2014 (ref. act III CZP 76/14) the Supreme Court resolved the matter of a possibility of effective deduction of a contractual penalty, which period for compliance has not been registered.

In said resolution the Supreme Court agreed with the view that the debt arising from a contractual penalty shall be due immediately upon summoning the debtor to fulfil his obligation.

The above means that before the deduction of receivables under contractual penalty the debtor must be summoned to pay. Thus, the statement of deduction of perpetual receivables without previous demand for its payment will be ineffective, because such claim shall be deemed not due.

 

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