Niewykonanie a nienależyte wykonanie zobowiązania – wybrane uwagi

Abstract

The article presents the issues of establishing a border between ranges of concepts such as performance, non-performance, and misperformance of an obligation. These terms are used inconsistently and interchangeably, although they are not synonymous. Attention was also drawn to a widespread problem of referring to the infringement of the obligation performance only due to the identification of both concepts. The difficulty which arises not only in the theory of law but also in the application of the provisions of the law also causes defining the duties whose non-fulfillment by one of the parties to the legal relationship will result in non-performance of a provision. The aim of the author was to show a controversial issue and point out examples of solutions to the indicated practical problems.