TY - JOUR
TI - Compensation for recovery costs – selected issues
AU - Matejko, Witold
TI - Compensation for recovery costs – selected issues
AB - 
	The subject of consideration is the right of the creditor to demand a flat-rate compensation for recovery costs from the debtor, established in the Act on Prevention of Excessive Delays in Commercial Transactions. Since its introduction into the Polish legal order, this right has given rise to significant interpretative doubts, particularly concerning the prerequisites for rendering the compensation immediately due and payable, the debtor’s ability to defend against this claim, and the issue of including the compensation in the costs of the lawsuit or in the value of the subject matter of the dispute in court proceedings. These doubts, in the author’s opinion, are largely due to the shortcomings of the legal regulation of compensation, which does not include in its scope many important issues, as well as its highly autonomous nature, which in turn prevents the analogous application of solutions concerning other legal institutions.
VL - 2023
IS - 1 (34)
PY - 2023
SN - 2392-1943
C1 - 2720-3670
SP - 23
EP - 39
DO - 10.4467/23921943RP.23.002.18261
UR - https://ejournals.eu/en/journal/radca-prawny/article/rekompensata-za-koszty-odzyskiwania-naleznosci-wybrane-zagadnienia
KW - compensation for recovery costs
KW - commercial transactions
KW - delay
KW - pay period
KW - interest rates for the delay
KW - Act on Prevention of Excessive Delays in Commercial Transactions