Obowiązek działania zgodnie z kontraktem, w duchu wzajemnego zaufania oraz współpracy. Klauzula 10.1 NEC w świetle prawa polskiego

Abstract

An obligation to act in accordance with a contract, in a spirit of mutual trust and business cooperation. Clause 10.1 of NEC in the light of Polish law This article presents the characteristics of the NEC contracts and an examination of clause 10.1 contained in such contracts. As these publications, as well as the competing FIDIC Conditions of Contract, originate from the Anglo-Saxon legal culture, the article provides a detailed analysis of clause 10.1 of the NECs, which introduces general rules of conduct for the participants with reference to Polish law. The aforementioned clause imposes an obligation on the parties to act in accordance with the contract, in the spirit of mutual trust and business cooperation. The analysis of the concepts present in the clause in question and of the Polish legal doctrine has produced the conclusion that expressing such a standard of conduct explicitly in the NEC template is not needed in Polish jurisdiction due to the correspondence of these rules of conduct with the values and princi-ples governing the national legal system.