Indemnification of public-law liabilities in contracts under Polish law

Krzysztof JasińskiManaging Associate, GESSEL

Przegląd Prawa Handlowego 7/2018

Krzysztof Jasiński

The paper considers the issue of undertaking to indemnify against public-law liabilities under Polish law. It encompasses the analysis of sources of indemnification clauses in Polish law and the grounds for their application, with reference to their common law’s provenance and position in the Polish contractual relationships.

The analysis of art. 392 of the Polish Civil Code is carried out as the basic source of contractual hold harmless undertaking, with particular focus on the content of guarantor’s obligations. The Author characterises the nature of public-law liabilities as regards the possibility to release the obligee from his duty to perform such liabilities. The Author presents a solution that allows to minimize the risk of finding the indemnification clause regarding public-law liability unlawful.