Legal Advice – Law Firm Blog

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

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...

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court

Maintenance tables 2025 - controversy, a new approach and a European perspective

Maintenance tables are nothing more than standardised summaries of indicative child maintenance amounts, intended to serve as an auxiliary tool when determining the level of payments. Their idea is to indicate a recommended maintenance amount based on objective criteria – primarily the income of the liable parent and the number and age of the children. 💡 Key takeaways The first proposal for maintenance tables…

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New opening in the judiciary - Minister Waldemar Zurek's plans [non-political comment].

Minister of Justice Waldemar Żurek has announced wide-ranging organisational changes in the justice system, focusing on staffing and improving court efficiency. Within his first few days in office, he took decisive personnel action: removing 46 court presidents and vice-presidents from their posts across the country. Simultaneously, he revoked the secondments of 9 judges delegated to work in the Ministry of Justice (another such secondment awaits... ).

New opening in the judiciary - Minister Waldemar Zurek's plans [non-political comment]. Read More »

how much does it cost to write a lawsuit?

How much does it cost to have a lawyer write a letter, lawsuit or contract?

Are you planning to put up an apartment or premises for rent in the near future and you are not sure whether you will be able to cope with all the formalities? Would you like to be sure that your interests are well protected? Do you have a problem with a tenant and don't know how to enforce your rights? Regardless of how confident you feel in legal issues related to property management, you should consider using legal services.

How to conduct successful contract negotiations in one day. 9 extremely effective ways to speed up negotiations.

In business, negotiations are the fundamental way of concluding more significant commercial agreements. In protracted negotiations of less important and essential clauses of an agreement, subsequent versions and amendments are sent back and forth. We present 9 extremely effective ways and techniques for conducting negotiations quickly, which you can apply even if you are not a lawyer or a professional business negotiator. …

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possession of an apartment, a detailed article on this subject

How to acquire ownership of an apartment by usucaption?

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…

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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 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 »

a clock in the field symbolizing the possession of real estate

Adverse possession of real estate and claims for arrears of rent

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...

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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 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...

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tablets - changes in pharmaceutical law

The morning-after pill without a prescription – will the President of the Republic of Poland sign the amendment to the Pharmaceutical Law?

In February 2024, work began in the Sejm on a bill amending the Pharmaceutical Law, aiming to introduce widespread access to emergency contraception (the so-called "morning-after pill") without a prescription. Currently, such a preparation can only be obtained after receiving an e-prescription. What does the project envisage and will it come into effect? 💡 Key takeaways The Pharmaceutical Law amendment project proposes to facilitate access…

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How to win a case in court? – A guide for non-lawyers

Success in a court case is really about achieving the most favourable outcome for you. This requires strategy, keeping your emotions in check, and close cooperation with a professional representative. Below are 5 practical tips from an experienced lawyer that will significantly bring you closer to winning – even if the ultimate victory turns out to be… no judgement being made. 💡 Key Takeaways Not …

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How to value a company: Valuation tips and methods

Valuing a company is a crucial process of immense importance in the business world. Whether, as an entrepreneur, you are planning to sell your life's work, or you are an investor looking for valuable opportunities – understanding how to value a business or shares in a company is absolutely essential. In the following article, we discuss the most popular valuation methods. 💡 Key takeaways There is no single perfect method…

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Permission to operate a pharmaceutical wholesale store

Paid training leave for a pharmacist – basic rules. What about unused leave?

The coming into force of the Act on the Pharmaceutical Profession has granted pharmacy employees a new, important employment right – paid training leave of up to 6 days per year, intended for the implementation of continuing professional development obligations. Due to the modest content of the regulations, this new entitlement is raising many doubts in the market. We explain who is entitled to the leave, how to account for it, and whether unused days…

Paid training leave for a pharmacist – basic rules. What about unused leave? Read More »

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

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...

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?

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...

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Facebook / IG – subscription. How to make an informed decision about advertising?

Meta, the owner of Facebook and Instagram, has presented European users with an unprecedented choice: either agree to tracking and personalised advertisements, or pay tens of zlotys per month for access to the service. This is the result of relentless pressure from the European Union, which is tightening privacy protection regulations. We check whether a paid subscription offers real protection for your data. 💡 Key takeaways The introduction of a paid...

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

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...

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The concept of good privatization of health care: synergy of freedom and regulation

The concept of healthcare privatisation and private health insurance often sparks controversy and debate regarding the state's role in providing medical care. However, public discourse frequently features populism and oversimplified slogans. In the following article, I present an alternative vision for healthcare privatisation that optimally combines market freedom with wise state regulation. This is a proposal for those in power...

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CJEU judgment C-520/21 – full text

Full text of the historic judgment of the Court of Justice of the European Union (CJEU) of 15 June 2023 in Case C-520/21 (Arkadiusz Szcześniak v Bank M. SA), which ultimately blocked banks' claims for remuneration for the unauthorised use of capital in Swiss franc loan cases. 💡 Summary of the judgment Preliminary ruling on unfair terms in consumer contracts (Directive 93/13/EEC). Case …

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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 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…

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stethoscope

Neocate reimbursement – why doctors should not be intimidated.

For over a dozen months, the medical community has been terrorised by the scandalous practices of the National Health Fund (NFZ). NFZ officials, with ruthless scrupulousness, are imposing enormous fines on doctors for prescribing the essential Neocate substitute milk to young patients with food allergies, in order to save their health. The system forces medics to pay back money from their own pockets, saving the state budget at the expense of malnourished children. 💡 Key takeaways…

Neocate reimbursement – why doctors should not be intimidated. Read More »

How to sell a pharmacy? article

The role of a lawyer in pharmaceutical law cases

Pharmaceutical law is one of the most rigorous and complicated areas of the legal system, where patient safety and the business's existence or non-existence for pharmacies or manufacturers are at stake. We explain why the support of a specialised lawyer is crucial at every stage of the pharmaceutical market – from drug development, through opening pharmacies, to defence against the Provincial Pharmaceutical Inspectorate (WIF) and the National Health Fund (NFZ). 💡 Key takeaways...

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legal services for companies in Warsaw

Image crisis and protection of personal rights of a legal person

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…

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How to sell a pharmacy? article

New rules and conditions for running a pharmacy – how to adapt existing pharmacies to the new regulations?

In December 2022, a brand-new regulation from the Minister of Health came into force, setting out the basic conditions for operating a pharmacy. It replaced the archaic provisions from 2002. Although the act is intended to improve quality in theory, in practice it imposes a series of costly and rigorous technological, record-keeping, and warehousing obligations on pharmacy owners. What do pharmaceutical entities have to contend with? 💡 The most important…

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Recommendations of the President of the Office of Competition and Consumer Protection published! How to mark an advertisement on the Internet?

The President of the Office of Competition and Consumer Protection (UOKiK) has finally dispelled doubts surrounding the rules on hidden advertising on social media by publishing official recommendations for the industry. Influencers who ignore the obligation to clearly label commercial collaborations (including barter arrangements and gifts) face fines of up to 10% of their annual turnover. We explain the key rules and the most common mistakes when labelling sponsored posts. 💡 Key takeaways: Labelling commercial collaborations is mandatory …

Recommendations of the President of the Office of Competition and Consumer Protection published! How to mark an advertisement on the Internet? Read More »

Taxation of income from abroad – a practical guide

Do you earn money in Germany, Norway or Dubai, but have family in Poland, pay for accommodation there or run a business? Be warned, because the Polish tax authorities can demand payment of income tax on your foreign earnings at any time. We explain how tax residency is determined, what the "centre of vital interests" actually is, and who genuinely needs to worry about double...

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Resolving conflicts between company shareholders or management board members 

When a paralysing conflict arises between shareholders or board members in a company, it is primarily the business's operations and finances that suffer. An uncontrolled "war at the top" can push a highly profitable company to the brink of collapse. We present a tried and tested, 7-stage model for managing owner conflicts and 8 effective legal dispute resolution mechanisms. 💡 Key takeaways The key to exiting...

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New sales tax on online platforms

From 2023, the EU directive DAC7 comes into force, which has imposed an unprecedented obligation on digital platform operators (such as Allegro, OLX, Vinted or Booking) to automatically report data on sellers' transactions to tax authorities. Does this mean the definitive end of untaxed online sales? We explain who and on what basis the National Revenue Administration will scrutinise. 💡 …

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picture order for payment

I received a payment order, what next?

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…

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Termination of the contract for a specified period

Legal services for companies – 4 reasons to use legal assistance

Are you wondering if your company truly needs a lawyer during its dynamic growth phase? Our answer is: good legal services are not an unnecessary expense, but an investment shield that prevents costly conflicts, protects against severe sanctions, and safeguards your hard-earned profits. Discover the 4 key reasons why it's worth establishing a permanent relationship with a professional business law firm. 💡 Key Takeaways The greatest strength…

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legal services for companies

Good legal services for companies. What should it look like?

A good business lawyer can not only save a company money on fines and lost lawsuits, but can even accelerate its market development by light years. We'll tell you what qualities to look for when choosing an external law firm and why many years of business experience are just as important for a legal advisor as a solid knowledge of the law. 💡 Key takeaways The foundation…

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legal services for companies in Warsaw

How to choose a good lawyer – 4 important features

Finding a lawyer is no problem these days. However, choosing a specialist who not only recites dry legal statutes but also "gets" business, can think outside the box, and can de-escalate conflicts before they even arise, is a real challenge. We advise on what to pay particular attention to so that your company's legal services cease to be a painful cost and become a solid …

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Credit Holidays – in detail, difficult questions and answers

Faced with rapidly rising interest rates, which have driven up mortgage repayments – often by as much as 100% – the legislator has introduced an unprecedented lifeline: the so-called statutory repayment holiday. The new regulations allow borrowers to defer repayment of up to eight loan instalments between 2022 and 2023. We explain, step by step, exactly what requirements must be met and what pitfalls borrowers may encounter …

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Control from the National Health Fund – control of reimbursed prescriptions, appeals, reimbursement

The National Health Fund is increasingly demanding that pharmacies and doctors repay huge sums for drug reimbursements due to microscopic formal errors (e.g. a missing signature next to the stamp). We reveal the NFZ's tactics when selecting a "control sample" and advise on how to win a court battle for your money, citing the latest, favourable case law for medical professionals. ...

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Influencer and the law - how to act legally and not expose yourself to the Office of Competition and Consumer Protection (UOKiK) inspection? A guide for influencers

The era of "anything goes" on social media has come to an end. The Office of Competition and Consumer Protection (UOKiK) has deployed its heaviest artillery against influencers promoting so-called scams and using undisclosed advertising. How to correctly label sponsored posts and stories to avoid paying tens of thousands of zlotys in fines? Here's a guide to the Office's guidelines. 💡 Key takeaways Any benefit provided by a brand – including…

Influencer and the law - how to act legally and not expose yourself to the Office of Competition and Consumer Protection (UOKiK) inspection? A guide for influencers Read More »

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

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 »

New fine rates – what should drivers remember?

If someone entered 2022 with momentum, they will soon have to take their foot off the gas pedal. Along with popping champagne corks, the prices of fines for traffic offenses have also skyrocketed. From the beginning of January this year, new regulations changing the existing rates came into force. So let's see what negative consequences will result for drivers if they do not comply with road rules.

Is the lease agreement for commercial space in a shopping mall de facto a lease agreement for premises?

Since the beginning of the SARS-CoV-2 virus pandemic, we have been accompanied by: uncertainty about the health of our own and our loved ones, constant fear about jobs, as well as financial losses that are directly related to numerous restrictions on running a business. This article analyzes the legal situation of the catering and retail industries, which - due to the fact that they rent premises in shopping malls subject to trade bans - are currently in a particularly difficult economic situation.

How to write a notice of termination?

It's hard to find a person who hasn't dealt with a contract at all in their life. We commonly conclude contracts such as: employment contracts, loan contracts, contracts for the purchase of a house/apartment or a car, apartment or house rental contracts, contracts for the provision of telecommunications services, construction works, contracts for specific work or commission. Therefore, it seems that the concept of a contract has already become firmly established in our consciousness. However, one may wonder whether there is an equal awareness of the consequences arising from such an agreement. Unfortunately, still few people know how to influence its content (even before its conclusion) and protect their own interests as effectively as possible.

Amendment of the so-called COVID Act. How will the new regulations affect the current situation of shopping mall tenants?

The regulations of the so-called COVID Act significantly interfere with civil law relations. Article 15ze of the Act, which concerned the termination of relationships arising from agreements for the use of retail space in commercial facilities with a sales area exceeding 2,000 m², had significant consequences for tenants of shopping centres. Many tenants took advantage of this mechanism, leading to...

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how much does it cost to write a lawsuit?

Immediate alimony 2021 – new project

Are you planning to put up an apartment or premises for rent in the near future and you are not sure whether you will be able to cope with all the formalities? Would you like to be sure that your interests are well protected? Do you have a problem with a tenant and don't know how to enforce your rights? Regardless of how confident you feel in legal issues related to property management, you should consider using legal services.

legal advisor Warsaw

GDPR clause in CV 2021

GDPR, or the General Data Protection Regulation, is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the directive 95/46/EC. The regulation has been in force in the legal systems of the European Union member states since May 25, 2018.

The obligations regarding the protection of personal data arising from the regulation apply to all entities that process personal data in connection with their business activities. In the event of a breach of obligations under the GDPR, the violating entity may be fined up to EUR 20,000,000 or 4% of its total annual worldwide turnover.

Employment contract agreement and annex

What is an amending agreement and an annex to an employment contract, and how does an amending notice differ from them?

The pandemic has put the world in a completely new reality. Its very few positive aspects include the (in most cases forced, but still) popularization of remote work and the development of activities in the online "format". Being able to work from home and thus not having to travel to and from the office every day has allowed many people to gain additional valuable time for their family or simply for themselves. Remote work has become a permanent feature even in companies that previously could not imagine such a possibility.

legal support

Legal services – let us help you. How should you prepare for a meeting with a lawyer?

We live in times when the need to meet with a lawyer has in some way been "disenchanted". Just a dozen or so years ago, such a meeting was a somewhat embarrassing and intentionally hidden occasion. Many people were even afraid to admit to using legal advice, treating it as a sort of "disgrace". The association aroused by a meeting with a lawyer was almost immediately associated with suspicion of some kind of abuse or participation in the so-called "suspicious underworld". As comic as it may sound, the fact remains that the use of legal advice was not as common and widely available as it is today.

immediate alimony

Alimony in 2 weeks, i.e. immediate alimony

Immediate alimony is a project of the Ministry of Justice. The ministerial proposal was to establish the minimum amount of alimony that the entitled person would be entitled to before the final amount of alimony was awarded and the time for considering the case by the court would not exceed two weeks. This solution operates, among others, in Germany.

attorney Kłodziński

Where do you not have to wear masks from Saturday, October 10, 2020?

The rapid and avalanche-like increase in SARS-CoV-2 infections in Poland in autumn 2020 forced the authorities to take massive action across the country. From October 10th, a new regulation of the Council of Ministers was issued, which irrevocably repainted the map of Poland. Traditional regionalisation (the so-called slow emergence of zones) gave way to a single top-down assumption – the whole of Poland immediately became a huge, warning…

Where do you not have to wear masks from Saturday, October 10, 2020? Read More »

e-book reader

Can I share purchased e-books with family and friends?

For several years now, electronic versions of books have been becoming increasingly popular. In the era of the pandemic and with facilitated digitisation, the e-book market share is growing by several tens of percent, much to the delight of modern bookstores, allowing for wider access to culture without leaving home. Since we treat e-books today in exactly the same way as their cardboard original, can we legally after reading them…

Can I share purchased e-books with family and friends? Read More »

Difficulties caused by Covid-19

How to obtain a reduction in the rent of a restaurant due to the COVID-19 pandemic.

We often hear encouraging comments that landlords understand the situation of tenants, agreeing to renegotiate lease terms and even terminate contracts by mutual consent. Such cooperation is undoubtedly the most desirable situation. Sometimes, however, some people need to be convinced to sit down at the table, showing that both sides have very strong legal arguments in this dispute.

The place is closed due to COVID19

Termination of the lease of a restaurant due to the Covid-19 epidemic – is it possible?

We often hear encouraging comments that landlords understand the situation of tenants, agreeing to renegotiate lease terms and even terminate contracts by mutual consent. Such cooperation is undoubtedly the most desirable situation. Sometimes, however, some people need to be convinced to sit down at the table, showing that both sides have very strong legal arguments in this dispute.