Civil Law

Dispute with the developer over defects in the premises

Taking delivery of an apartment from a developer sometimes resembles a minefield. With the difference that instead of explosives, we are looking for cracking floor screeds, damp walls, leaky terraces and corners that are on terms of frosty politeness with geometry at best. When a defect comes to light, the friendly sales patter can give way to formulas such as: "natural building movement", "permissible deviation" or "the matter has been passed on to the subcontractor". ...

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

Renting a flat without the consent of a spouse or co-owner - what do you need to know? Renting a flat may seem like a straightforward process, but there are a number of legal issues to consider when it comes to co-ownership, including a particular type such as spousal co-ownership. In the following article, we explain when it is possible to rent a flat or other premises without the consent of the co-owner. At the beginning ...

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possession of an apartment, a detailed article on this subject

How to acquire ownership of an apartment by usucaption?

    📋Table of Contents What is acquisition by prescription? How does the acquisition of property by prescription work? Who can claim acquisition by prescription? The possessor in good faith – the fundamental prerequisite for acquisition by prescription Good faith in the acquisition of an apartment by prescription Bad faith and acquisition of property by prescription Acquisition of property by prescription: good and bad faith, and the form of a property sale agreement How to determine good or bad faith in acquisition by prescription...

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or call the police

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

Do you need to call the police after an accident? A practical guide. Do you need to call the police to a collision? Should you call the police to an accident? When to call the police to a fender-bender? The decision depends on the circumstances: injuries to the participants, suspicion of drink-driving, or an unclear fault of the perpetrator. This guide will help you understand when calling the police to the scene of a collision or fender-bender is...

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a clock in the field symbolizing the possession of real estate

Adverse possession of real estate and claims for arrears of rent

    📋Contents Adverse possession of property and the claim for rent arrears Who is a factual owner? What is good faith as a prerequisite for adverse possession of property? What, on the other hand, is possession in bad faith for adverse possession? To summarise the issue of the time period for adverse possession – how many years does it take? Importantly, the Civil Code provisions provide for a presumption of good faith What is the claim of the property owner…

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

    Often, minor financial problems initially cause many consequences. Existing budgets crumble like dominoes because of them. In the case of a leased car, this often manifests itself, among other things, in the termination of the lease agreement by the financier, i.e. the leasing company. After repossessing the vehicle, the lessor most often sells the leased item to another entity, unfortunately, often at a significantly lower price…

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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?

    📋Contents What is professional liability insurance used for by a doctor? (if they do not practice exclusively under an employment contract) When will a professional liability insurance policy not protect a doctor? Insurance recourse How can a lawyer help? What is professional liability insurance used for by a doctor? (if they do not practice exclusively under an employment contract) In the event that a patient…

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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 will be bank clients, not banks, who will have to pay… interest and compensation. Today’s ruling by the Court of Justice of the European Union (CJEU) on Swiss franc loans brings important decisions for thousands of consumers struggling with problems related to this form of financing. When considering the preliminary questions asked by a Polish court to the European court in a case registered…

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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?

A critical commentary on the Supreme Court's decision of 29 March 2023, ref. III CZ 427/22, stating that submitting a document to court via the internet has no legal effect whatsoever. Many legal practitioners have long been aware of the subject and the issue itself. Sometimes, questions or suggestions would appear on legal forums, such as what a lawyer or citizen should do...

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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

    📋Table of Contents What is a reputational crisis? What actions should be taken when a reputational crisis occurs? And can it be possible to mitigate a reputational crisis acting on your own? Why is a lawyer needed in the infringement of an entrepreneur's personal rights? Different types of liability Protection of an entrepreneur's good name – legal aspects What specific legal provisions protect businesses and their...

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picture order for payment

I received a payment order, what next?

    📋Table of Contents What is a payment order? How does a payment order differ from a judgment? But in that case, can the person against whom the payment order was issued defend themselves? Is there any point in filing an objection to a payment order? What to do if I have received a payment order in an ex parte proceeding? What to do if I have received a payment order in a proceeding...

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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.

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