Indemnification clauses as a special mechanism for modifying contractual liability through allocation of risk and the issue of accessory contractual reservations securing their performance

Bibliogr. s. 72-74

The main subject of the article consists in extracting the indemnification provisions as sui generis clauses of extended liability regime agreed between the parties to a contract and in examining the possibility of securing the obligation arising from the indemnification clause by additional contractual instrument (e.g. a contractual penalty). The functioning of indemnification clauses in the Polish legal system has not been comprehensively discussed in the literature. The main discussion concerned the normative grounds for separating of that type of provisions, in particular in the context of Articles 391 and 392 of the Polish Civil Code. A little attention was paid to practical consequences of using this clauses by the parties. This article, in addition to the Author's statement regarding the definition, mode of action and effects of using indemnification clauses in Polish law, also concerns the admissibility of securing the obligation from the indemnification clause by an additional contractual provision (e.g. a contractual penalty) to strengthen the protection of the party benefiting from the indemnification.