Not much has been written on the „nature” of a guaranty contract, while many refer to a „guaranty” while addressing contracts which are not necessarily such. This happens in particular in the case of contracts to procure a determined state of affairs – these are not guaranty contracts, but „result-based contracts”, the non-performance of which is subject to ex contractu liability based on statutory general terms.
The article refers critically to the view that ex contractu liability for failure to procure the result stipulated in the contract arises irrespective of the debtor’s fault, e.g. even when the debtor acted with due diligence.
In turn, the „nature” of a guaranty contract is not that the debtor is expected to achieve the result identified therein but that the debtor is to render performance stipulated for the event when such result does not materialise – without, however, the debtor’s duty to procure that it does.
Pozostałe osiągnięcia naukoweArtykuły (zamknięty dostęp)Journal article
Contractual indemnities, i.e. the agreements obligating contractually to redress damage, are legal constructs of Anglo-American origin, whose reception to a domestic forum invites thoughts about the correctness and suitability of such reception, or wider – whether such agreements offer to the entities to be protected thereby more than guaranty contracts could offer.
In the author’s opinion – they do not; moreover, the limitations inherent in the compensatory nature of contractual indemnities cause that what could be achievable through the application of a guaranty contract is not available when the interested parties make use of an indemnity contract.
Pozostałe osiągnięcia naukoweArtykuły (zamknięty dostęp)Journal article
The author critically refers to two decisions of the Supreme Court pertaining to the interpretation of Article 115 of the Civil Code.
The first of them, the Resolution of 22 May 2024, while substantially correct, lacks convincing reasons; in turn, the other, the Judgment of 14 February 2025, while reasoned artfully, is substantially incorrect.
Pozostałe osiągnięcia naukoweArtykuły (zamknięty dostęp)Journal article
This data set consists of photographic and video documentation of the ritual of sending the souls of dead animals and plants to the afterlife (dongsingmul cheondojae) at Hyeondeok Temple, undertaken by the author on October 12, 2024. This research was conducted as part of the author's research trip to South Korea, as part of the MINIATURA 7 grant titled "Animal Death Rituals in Korea," a project funded by the Polish National Science Center (NCN; DEC-2023/07/X/HS1/01024) . The data set includes photographic images in the JPEG format and video files in the MP4 format, which were captured by the author and are described in English.
This dataset consists of a survey conducted on October 12, 2024 among participants in the ritual of sending the soul of dead animals and plants to the afterlife (dongsingmul cheondojae) to understand, among other things, their reasons for participating and their expectations of the ritual. This research was conducted during the author's research trip to South Korea as part of the MINIATURA 7 grant (DEC-2023/07/X/HS1/01024) entitled "Animal Death Rituals in Korea," a project funded by the Polish National Science Center (NCN). The dataset consists of 29 interviews (PDF, csv files) conducted in Korean and subsequently translated into English by the author.
