Publication at Faculty of Law |
2023
Abstract
The article deals with the question of whether Section 2820 of the Civil Code should be applied also in cases of so-called "trade credit insurance". It summarises and analyses the current case law of the Supreme Court relating to the provision.
The article also notes that some questions related to the provision of the Civil Code in question remain unanswered by the Supreme Court. One of them is whether, after the payment of the insurance benefit and the transfer of the insured claim to the insurer, the right to payment of the contractual penalty confirming the debtor's obligation to pay the insured claim in due time passes with it.