Notification Obligation Concerning the Bank Agent’s Remuneration and the Binding Force of Article 761 § 1 in fine of the Civil Code: Commentary on the Judgment of the Court of Appeal in Warsaw of 18 January 2019 (VII AGa 467/18, Legalis no. 2668772)

Abstract

The commentary rejects the view adopted in the commented judgment according to which the claim for submitting a declaration to the agent with information on the commission due is not actionable (Article 7615 § 1 of the Civil Code). The author accepts the possibility of demanding a declaration on the commission due of the agent importance even though the claim for such a commission is already barred by the statute of limitation. As he indicates, Article 7615 in fine of the Civil Code should not be regarded as a mandatory rule. The commentary upholds the view that the information referred to in Article 7615 of the Civil Code may contain secrets of the principal’s enterprise. The author also upholds the view that Article 459 § 2 of the Civil Code does not apply in the case of providing excerpts from the principal’s commercial books on the basis of Article 7615 § 2 of the Civil Code. In addition, he indicates the validity of this view also in the case of other information covered by the scope of this provision.

Keywords

• umowa agencyjna
• pośrednik bankowy
• prowizja
• tajemnica przedsiębiorstwa