Contractual clauses

Contractual clauses are standardized formulas used in contracts, having effects characteristic of a given clause. They are universal, because by their nature it follows that they can be used in various contracts – very often with unchanged content. What distinguishes them from the substantive part of the contract is their “template” character. They are an essential part of the contract, often avoiding any ambiguities that could arise during its application. Contractual clauses are usually placed at the end of the contract in a section known as “final provisions”. An example can be a severability clause, the task of which is to uphold the remaining provisions of the contract in the event that some part of a contract turns out to be contrary to the law or the principles of social coexistence – it is a kind of repetition of Art. 58 § 3 of the Civil Code.

Maksymilian Marciniak, Lawyer