Admissibility of stipulating a contractual penalty in an agreement establishing perpetual usufruct in the event of failure to develop the property within the contractual period. Comment on the resolution of the SupremeCourt of 20 January 2022, III CZP 8/22

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.

Keywords

• agreement to establish perpetual usufruct
• contractual penalty
• perpetual usufruct
• failure to develop the property put into perpetual usufruct within the contractual period