Civil Law

Civil Law remains the focus of our attention. Many of the matters we deal with are based on them.

As enthusiasts of this field, we describe issues related to civil law on the blog of our Law Firm.

possession of an apartment, a detailed article on this subject

How to acquire ownership of an apartment by usucaption?

Acquiring ownership of an apartment does not have to involve only purchasing it from a developer or on the secondary market, which constitute the so-called a derivative method of acquiring property rights. It is also possible to acquire ownership of a residential premises in a primary manner, through the institution of adverse possession, but it is important that the apartment is previously separated, i.e. has a land and mortgage register (see...

How to acquire ownership of an apartment by usucaption? Read More »

or call the police

Do I need to call the police after an accident or collision? A practical guide!

Do I need to call the police after an accident or collision? Practical guide Do you need to call the police in the event of a collision? Should the police be called to an accident? When to call the police for an accident? The decision depends on the circumstances: injuries to the participants, suspicion of driving under the influence or the questionability of the perpetrator's guilt. This guide will help you understand when to call the police to the scene of a collision or accident...

Do I need to call the police after an accident or collision? A practical guide! Read More »

a clock in the field symbolizing the possession of real estate

Adverse possession of real estate and claims for arrears of rent

Adverse possession of real estate and a claim for arrears of rent. And more precisely: Adverse possession of real estate and remuneration for non-contractual use of it - a resolution of seven judges of the Supreme Court On April 3, 2024, the Supreme Court, composed of seven judges, adopted a resolution in response to this legal issue: Whether the former the owner may have a claim against the spontaneous possessor of the thing for...

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Sale of a repossessed vehicle by a lessor - how to combat the sale of a car at a lower price?

Financial problems often cause many consequences, like one move of dominoes - in the case of leasing a car, this often results in, among others, termination of the leasing contract by the financing party, i.e. the leasing company. After recovering the vehicle, the lessor will most often sell the leased item to another entity, unfortunately, often at a price much lower than the market value. How much is this…

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Renting an apartment without the consent of a co-owner or spouse

Renting a flat without the consent of the co-owner or spouse - what do you need to know? Renting a flat may seem like a straightforward process, but in the case of co-ownership, including a particular type such as matrimonial co-ownership, there are a number of legal issues that, when wishing to rent such a property yourself, you need to take into account. In the following article, we explain when it is possible to rent out a flat or other ...

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legal services Warsaw

Recognition of claim (recognition of debt). What's worth knowing?

What are the risks of recognizing a claim (recognition of debt)? Polish civil law provides that usually a creditor (e.g. a lender, a credit grantor, a lessor, a seller) has a limited time to pursue his/her receivables in court from the debtor (e.g. a borrower, borrower, tenant, buyer). If during this period he does not decide to take official legal steps against the debtor (in particular, he does not file a lawsuit), then ...

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Is the estate of a doctor who has a third party liability insurance policy at risk from the patient's claims?

What is liability insurance for a doctor? (if the doctor does not practice solely under an employment contract) If the patient suffers damage as a result of the doctor's culpable action or omission, he or she has the right to demand financial compensation from the doctor for the damage suffered (Article 415 et seq. of the Civil Code - hereinafter referred to as the Civil Code - hereinafter referred to as the Civil Code). , Article 4 of the Act on the Rights of…

Is the estate of a doctor who has a third party liability insurance policy at risk from the patient's claims? Read More »

Who will be the Prime Minister after the elections - did STS mislead the players?

STS - i.e. Star-Typ Sport - is the largest bookmaker and at the same time one of several legally operating entities offering the possibility of concluding bookmaker bets in the Republic of Poland. Players using the bookmaker's services have the opportunity to place bets both in a traditional form - at stationary sales points, and via a website or mobile application. Bets…

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Liability for damage caused by a driver under the influence of alcohol

In July 2023 The news spread in the media that in the former city of Polish kings, a sports car driver, significantly exceeding the speed limit (in that place it was limited to 40 km/h), lost control of the vehicle and hit the wall connecting the bridge with the boulevard. This was an action - while respecting the tragedy of the situation - that was undoubtedly contrary to the regulations and...

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CJEU C-520/21: Banks will have to pay customers, not customers paying banks

It is banks that will have to pay interest and compensation, not customers to banks. Today's judgment of the Court of Justice of the European Union (CJEU) on Swiss franc loans brings important decisions for thousands of consumers who struggle with problems related to this form of financing. While considering preliminary questions submitted by a Polish court to the European tribunal in a case registered under reference number ...

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one star - bad ruling of the Supreme Court

Why did the Supreme Court decide to deprive a citizen of the right to a court?

Critical commentary on the decision of the Supreme Court of March 29, 2023, III CZ 427/22, stating that submitting a document to the court online does not produce any legal effects. Many court practitioners have known the topic and the problem itself for a long time. Sometimes on legal forums there was a question, sometimes a suggestion - what a lawyer should do or...

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How to hire a lawyer to prepare a lease agreement?

  Renting a flat or premises may seem like a simple task, but to be legally effective, it requires the conclusion of a legally binding, written lease agreement. Preparing these contracts is an art. Their proper content means that clients who have benefited from professional legal advice sleep much more peacefully. Finding a lawyer to prepare a lease agreement is crucial to ensuring protection…

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Family foundation – what is it? What opportunities does it create? Who can wear it?

Recently, President Andrzej Duda signed the act on family foundations, which determined its inevitable entry into legal circulation (in May 2023). This is a completely new and to some extent revolutionary institution that requires description in this article. What is a family foundation? Who will it be useful for? How to put it on? How does it work? Answers for …

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legal services for companies in Warsaw

Image crisis and protection of personal rights of a legal person

Everyone who runs a business knows how important image is. Sometimes, however, something can happen that will destroy it. And in an era when social media are very common, the risk of escalating such a situation by spreading information that destroys the trust of a given entrepreneur to wide - potentially unlimited - circles is enormous. Then we can talk about a full-fledged image crisis...

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picture order for payment

I received a payment order, what next?

A compendium of knowledge about payment orders, i.e.: I have received a payment order and what next? You should be concerned about receiving a payment order, especially if you did not expect to receive it. Approximately 7,200 people have this experience every day in our country. In this article, we present what a payment order is and how to defend against it. What is a payment order? What is…

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The end of the pandemic? – It's time to file for bankruptcy!

The Act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them ("Covid Act") introduced a number of ad hoc changes for the duration of the pandemic. They did not omit the provisions regarding the liability of obligated persons who are legally obliged to file for bankruptcy. Now that the legislator has decided to change the state of the epidemic...

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What is a commercial proxy and who appoints a commercial proxy?

According to data, a limited liability company is an increasingly popular organizational and legal form of running a business in Poland. The above undoubtedly results from the fact that a limited liability company, as a member of the catalog of capital companies - next to a joint-stock company and a simple joint-stock company - minimizes the risk of personal liability for the company's obligations, which gives it an advantage over partnerships (partnership, general partnership, limited partnership). , partnership Limited by shares). An equally important aspect is the reasonable amount of the minimum share capital, which is at least PLN 5,000.

Dispute with the developer over defects in the premises

1.Acceptance of the premises - the most important moment. On your own or with a professional? Any dispute with a developer should start with good preparation. The acceptance of the premises from the hands of the developer is considered to be one of the most important steps in the whole process of buying a flat. It is then that the purchaser should demonstrate the greatest possible perspicacity in order not to overlook any faults or shortcomings on the part of the developer. ...

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adverse possession of real estate

What is adverse possession of real estate?

Usucaption of real estate (including the right of antique) is one of the possibilities of acquiring ownership, regulated in Book Two of the Civil Code (CC) - ownership and other property rights. The provisions regarding adverse possession can be found in articles 172 – 176 of the Civil Code