Zaliczka

Zaliczka is a form of prepayment used in Polish civil practice. It is an amount paid before the performance of obligations under a contract and is typically treated as part of the final price and deducted from what remains to be paid when the contract is fulfilled. In practice, zaliczka signals the commitment of the parties and helps secure the execution of the agreement, for example in transactions for goods, services, or real estate.

Zaliczka differs from other security instruments, such as zadatek (earnest money). A zaliczka is generally not intended as a penalty or a security against non-performance; it is an advance that is later credited against the price or cost of the contract. The consequences of non-performance depend on the contract terms and applicable law. If the contract is not performed for reasons attributable to the buyer or seller, the parties typically resolve the fate of the zaliczka in the contract, potentially returning the amount or applying it toward damages or the final price.

In many contracts, the zaliczka is refundable if the obligation cannot be performed through no fault of the recipient, whereas if a party breaches the contract, the other party may be entitled to keep the zaliczka or to offset it against losses, depending on the agreement and the governing law. Because the rules can vary by circumstance, the contract should specify how the zaliczka is to be treated if performance is delayed, altered, or canceled.

See also: zadatek, Polish Civil Code, prepayment.