Obowiązek informacyjny wykonawcy wynikający z art. 651 k.c. a obowiązek współdziałania inwestora i jego sankcjonowanie

Abstrakt

In a construction works contract, the Polish Civil Code imposes on a contractor as debtor a peculiar, though incidental and instrumental to its principal performance (i.e., correct and timely execution of the construction works), obligation to immediately inform the investor of any obstacles that hinder or may hinder the proper performance of the works (hereinafter referred to as the information obligation). Having in regard numerous interpretative ambiguities and fragmentary analysis concerning the information obligation in the Polish legal doctrine and jurisprudence, this paper aims at a comprehensive interpretation of sanctioned and sanctioning norms that constitute the information obligation as well as their systematization. Taking into account the nature of the legal relationship arising from the construction works contract (on which we elaborate extensively in the paper), we strongly believe that the style of the abovementioned norms interpretation and application should mainly rest on the general principle of the law of obligations, which is the principle of cooperation between the parties to legal civil relationships.

Therefore, we also attempt to determine whether a similar obligation corresponding to the contractor information obligation is to be borne by the investor. Therefore, this study leads to the reconstruction of the model of legal cooperation between the parties to the construction works contract. Implementing the said model in legal practice could result in increasing the effectiveness of construction works contracts performance.