TY - JOUR AU - Barylska, Michalina AU - Deka, Magdalena PY - 2021/12/30 Y2 - 2024/03/29 TI - Possibility of using rebus sic stantibus clause for the protection of parties of contractual relations affected by the effects of SARS-COV-2 JF - Acta Universitatis Lodziensis. Folia Iuridica JA - FOI VL - 97 IS - SE - Articles DO - 10.18778/0208-6069.97.08 UR - https://czasopisma.uni.lodz.pl/Iuridica/article/view/8998 SP - 143-156 AB - <p>This article deals with the problem of application of <em>rebus sic stantibus </em>clause, set forth in Art. 357(1) of the Civil Code, in conjunction with announcing by the Minister of Health a state of epidemiological emergency in the territory of the Republic of Poland, and, subsequently, the state of SARS-CoV-2 epidemic. This article aims to determine whether it is permissible to apply the foregoing clause in order to mitigate the effects of the pandemic that may affect a party to contractual relationships and also in relation to which contracts the foregoing clause shall be applicable. The authors analyse, under what circumstances it shall be possible to apply to a court the amount of performance or with a motion to terminate a contract. Attention was drawn to the necessity to have a narrow interpretation of the norm set forth in Art. 357(1) of the Civil Code. An opinion has been presented in this article that the effectiveness of <em>rebus sic stantibus </em>clause may be affected by an admissibility to formulate a claim in pursuance of Art. 357(1) of the Civil Code. of law with a motion to determine a manner of performing anobligation, with a motion to change the amount of performance or with a motion to terminate a contract. Attention was drawn to the necessity to have a narrow interpretation of the norm set forth in Art. 357(1) of the Civil Code. An opinion has been presented in this article that the effectiveness of <em>rebus sic stantibus </em>clause may be affected by an admissibility to formulate a claim in pursuance of Art. 357(1) of the Civil Code.</p> ER -