Civil Law remains at the centre of our interest. It is on these matters that many cases we handle are based. As enthusiasts in this field, we describe issues related to civil law on our Law Firm's blog.
Can one of the most popular civil law relationships, i.e. lease, still have any "secrets"? Is a person even aware that even by not concluding a contract in its most traditional written form, but only by making an oral agreement with another person, he or she is almost entering the realm of civil law?
Renting out a flat may seem like a straightforward process, however, in cases of co-ownership, including the specific type which is marital co-ownership, many legal issues arise that must be taken into consideration. In the following article, we explain when a flat or other premises can be rented out without the co-owner's consent. First, we describe issues related to the lack of a spouse's consent. Further on...
Renting an apartment without the consent of a co-owner or spouse Read More »
Acquiring ownership of a flat doesn't necessarily mean buying it from a developer or on the secondary market. It's also possible to acquire ownership in an original way, through the institution of usucapion, provided that a land and mortgage register has been established for the flat. 💡 Key takeaways Usucapion allows for the acquisition of ownership rights to a flat as a result of long-term, uninterrupted possession of it…
How to acquire ownership of an apartment by usucaption? Read More »
Do you need to call the police to a collision? Should you call the police to an accident? The decision depends on the circumstances: injuries to those involved, suspicion of driving under the influence, or disputes over the at-fault party's liability. This guide will help you understand when calling the Police to the scene is required, and when a driver's statement is sufficient. 💡 Key Information Calling the police is mandatory in cases of injuries to those involved…
Do I need to call the police after an accident or collision? A practical guide! Read More »
On the 3rd of April 2024, the Supreme Court, composed of seven judges, issued an important resolution: the loss of ownership of a thing due to acquisitive prescription does not extinguish the former owner's claim for compensation for the unauthorised use of it during the period preceding the expiry of the acquisitive prescription period. 💡 Key takeaways The Supreme Court ruled that a former owner who loses property due to acquisitive prescription retains the right to...
Adverse possession of real estate and claims for arrears of rent Read More »
Often, minor financial problems can have many consequences at first. In the case of a leased car, this often manifests as the termination of the contract by the leasing company. After repossessing the vehicle, the lessor most often sells the leased item, unfortunately, often at a price significantly lower than its market value. Based on our experience in defending aggrieved clients, we advise what to do in the event of a car being sold...
The statute of limitations is an institution that protects a debtor from being pursued indefinitely for debts. However, the limitations clock can be "reset" very easily as a result of an ill-considered acknowledgement of a debt. When does an acknowledgement of a claim occur, what are its consequences, and why do debt collection agencies rely on it so heavily? 💡 Key takeaways A creditor has a limited time to pursue their receivables. If…
Recognition of claim (recognition of debt). What's worth knowing? Read More »
Medical malpractice, misdiagnosis or improper therapy can result in enormous financial claims from the patient. Although having liability insurance is usually mandatory and provides a sense of security, there are situations (limits, exclusions, recourse) where the financial burden can ruin the doctor's own budget. We explain how doctors' liability insurance works and what it protects against...
Before the recent parliamentary elections in Poland (15 October 2023), the bookmaker STS offered players a political bet called "Prime Minister after the election". Although it was clear to most after the results were announced that Donald Tusk would take over the government, the bookmaker hastily settled the bets as lost, citing the fact that Mateusz Morawiecki was nominated by the President. We analyse the legal side of this dispute and...
Who will be the Prime Minister after the elections - did STS mislead the players? Read More »
In July 2023, sensational news spread through the media: a driver of a sports car in Krakow, significantly exceeding the speed limit and being under the influence of alcohol, lost control of the vehicle, crashing into an anti-flood wall. The entire incident ended tragically – with the death of the driver and his passengers. However, property damage remained. Who will pay for the damage caused in such a situation? The heirs or...
Liability for damage caused by a driver under the influence of alcohol Read More »
A landmark ruling by the ECJ in case C-520/21 puts banks in a difficult position, deciding that financial institutions, rather than consumers, may be forced to pay interest and compensation after a flawed contract is annulled. 'Frankowicze' (borrowers with Swiss franc-denominated loans) gain a powerful tool to demand benefits beyond the simple repayment of instalments paid. 💡 Key takeaways from the ECJ ruling In the event of a credit agreement annulment…
CJEU C-520/21: Banks will have to pay customers, not customers paying banks Read More »
Critical commentary on the Supreme Court's ruling of 29 March 2023 (case ref. III CZ 427/22) stating that the submission of documents to court via the internet (e-PUAP) has no legal effect. Due to extreme formalism, in an era of ubiquitous digitisation, citizens are being denied the right to have their cases substantively heard. 💡 Key takeaways from the Supreme Court's ruling In Polish civil procedure…
Why did the Supreme Court decide to deprive a citizen of the right to a court? Read More »
Renting an apartment or commercial property might seem like a simple task, but for its legal effectiveness, it requires a legally binding, reliable rental agreement. Often, templates downloaded from the internet hide pitfalls or even invalid clauses. We present a short guide on why and how to prepare to create a professional agreement with the help of a lawyer. 💡 Key takeaways Even half of the provisions contained in…
How to hire a lawyer to prepare a lease agreement? Read More »
President Andrzej Duda recently signed the Family Foundation Act, which ensured its entry into legal circulation on 22 May 2023. This is a completely new and, in many ways, revolutionary institution protecting Polish companies from fragmentation during the inheritance process. What is a family foundation, how does it function, and who benefits from it? The answers to these questions...
Family foundation – what is it? What opportunities does it create? Who can wear it? Read More »
In the age of social media, even a minor, unfortunate mistake by an entrepreneur can trigger a devastating avalanche within a few hours. Managing a serious image crisis is a company's game of survival. We explain why, in the face of "online hate," it's worth setting emotions aside and handing over the reins to a well-coordinated team – PR specialists and experienced lawyers. 💡 Key takeaways Personal…
Image crisis and protection of personal rights of a legal person Read More »
Collecting a registered letter from court with a payment order is a highly stressful experience that over 7,000 people in Poland face every day. Ignoring this letter means that within a few weeks, a bailiff will knock on your door, and the funds in your bank account will be blocked. We explain the key differences between summary proceedings and order for payment proceedings and advise you on how much time you have…
The Covid Law of 2020 froze the statutory obligation to report company insolvency, thereby protecting board members from the seizure of their private assets. With the consistent lifting of epidemic states, this "grace period" is coming to an end. We explain from when the ticking 30-day bomb for filing for insolvency will start ticking and what are the consequences of disregarding this deadline (including...
The end of the pandemic? – It's time to file for bankruptcy! Read More »
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.
Any dispute with a developer should begin with thorough preparation. The handover of a property from a developer is considered one of the most important steps in the entire process of buying a flat. This is when the buyer should demonstrate as much perceptiveness as possible to avoid overlooking any defects or omissions on the developer's part. 💡 Key takeaways The handover of a flat is the moment when…
Dispute with the developer over defects in the premises Read More »
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