| Abstrakt: |
Is it possible to compel a creditor to accept partial performance of a contract, even if parties of a contract have not agreed on such a method of performance? A comparison of the contemporary regulations with the view developed and finally expressed in Justinian's Digest - D. 12.1.21 (Julian, book 48 of his Digest) supports the view that in the sixth century AD a solution was found which is still in force in practically all civil codes. According to it, the compelling of a creditor to accept a partial performance is generally not allowed, apart from clearly defined exceptions. Meanwhile, the 1964 Polish Civil Code departed from the solution adopted in the "mainstream of European legal orders" and, although this is not a sufficient basis for its evaluation, nonetheless this decides about its uniqueness. [ABSTRACT FROM AUTHOR] |
