Legal Advice – Law Firm Blog

childcare picture

What happens to the child in divorce?

    📋Table of Contents What the court decides on divorce when there are children in the family. Parents "don't want to" and parents "can't" – these are two different situations. When parents simply don't want to look after the child. When objective reasons mean parents cannot look after the child. When conflict is destroying the child (custody battle). What if…

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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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court

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

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

    📋Table of Contents Child Maintenance Tables 2025 – controversies, a new approach and a European perspective What are child maintenance tables intended to be and where did the controversies come from? Minister Żurek's decision: halting work and a new beginning Advantages of introducing child maintenance tables (with correct calibration) Potential threats and challenges associated with child maintenance tables The need to link the tables with other family law reforms …

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.

How to successfully negotiate a contract in one day: 9 extremely effective ways and techniques for rapid negotiation that you can use, even if you're not a lawyer or a professional business negotiator. Since you're here, you're probably wondering – how to speed up contract negotiations? In business, negotiations are the fundamental way of concluding important commercial agreements. In prolonged...

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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...

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 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...

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

    📋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…

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

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 broad access to emergency contraception (so-called 'morning-after' pills) without a prescription. Currently, such a preparation can only be obtained after receiving a prior prescription (e-prescription) from a doctor. What does the draft, already adopted by the Sejm, which is currently being processed in the Senate, foresee...

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

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

    Above all, remember that success, meaning winning a court case, is achieving the most favourable outcome possible in that case. Judging what the most favourable outcome is in a given case depends on the evidence each party has gathered, how they managed to present it, and the analysis of the factual situation in terms of applicable regulations…

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How to value a company: Valuation tips and methods

Company valuation is a crucial process that usually holds great importance in the business world. Regardless of whether you are an entrepreneur looking to sell your company or an investor looking for valuable opportunities, understanding how to value a company or enterprise is extremely important. In this article we will discuss various assessment methods, steps to value a business or shares in a company...

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Permission to operate a pharmaceutical wholesale store

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

    📋Table of Contents New Pharmacist-Employee Entitlement Pharmacist Entitled to Paid Training Leave Paid Pharmacist Training Leave vs. Paid Training Leave under Labour Code Provisions Scope of Paid Pharmacist Training Leave Unused Paid Pharmacist Training Leave Do I Need a Lawyer? New Pharmacist-Employee Entitlement With the entry into force of the Act of 10 December 2020 …

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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…

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

    From yesterday, Poles on Facebook and Instagram, which are very popular internet services from the company Meta, have the option to choose between paying to use the service without ads or watching ads. This option was introduced by Facebook and Instagram in response to European Union regulations targeting these services regarding data collection for advertising purposes. …

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

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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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 discussions about the state's role in providing medical care. Today, confusion was caused by a Confederation member, who, despite identifying as a representative of a party with libertarian beliefs, put forward populist demands. Unfortunately, they have somewhat compromised libertarian thought with this, on an issue that requires a much deeper…

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CJEU judgment C-520/21 – full text

    📋Table of Contents Legal framework EU law Polish legislation Main proceedings and preliminary ruling Regarding the request to reopen the oral proceedings Regarding the preliminary ruling Regarding the admissibility of the question and the Court’s jurisdiction to answer it JUDGMENT OF THE COURT (Fourth Chamber) of 15 June 2023 (*) References for a preliminary ruling – Unfair terms in consumer contracts – Directive …

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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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stethoscope

Neocate reimbursement – why doctors should not be intimidated.

For several months now, the medical community, and therefore the lawyers cooperating with them, have been witnessing the extremely scandalous practice of the National Health Fund, which shifts the costs of reimbursement of milk for the youngest patients onto doctors. We are talking about the Neocate milk replacer, which is available in a form for newborns (up to 12 months of age) and a variant for children, which is difficult to obtain in Poland...

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How to sell a pharmacy? article

The role of a lawyer in pharmaceutical law cases

The following article describes the role of lawyers specializing in pharmaceutical law and the benefits we try to bring to society. In particular, the pharmaceutical industry and its employees. Pharmaceutical law is one of the most complex areas of law today. It is practically a separate area of law. It is in this field that the legislator adopts and the executive power intensively implements…

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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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How to sell a pharmacy? article

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

    Please note: due to legislative changes, this article has become partially outdated. The link below leads to a post describing the changes introduced in July 2023: Changing rooms in pharmacies – is it necessary, or even possible? Discussion of the proposed requirements for premises of medical device suppliers. On 18 November 2022, a regulation was announced…

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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?

    📋 Table of Contents Recommendations of the UOKiK President – general information Definitions not arising directly from the act Recommendations of the UOKiK President – commercial cooperation Recommendations of the UOKiK President – self-promotion Recommendations of the UOKiK President – gifts Recommendations of the UOKiK President – methods of marking advertisements What are the legal consequences? Summary For several months now, the legal community interested in the topic …

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Taxation of income from abroad – a practical guide

    Many compatriots decide to leave Poland in search of better earnings. Attractive job offers with high salaries are enticing, but not everyone remembers the need to declare such income for tax purposes. Some income must be taxed in Poland, other income only in the country where it is earned, and sometimes, unfortunately, in both countries. How to correctly determine tax liability and…

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Resolving conflicts between company shareholders or management board members 

In many companies there is a "war at the top". When there are strong internal frictions and disputes in a company, its business and financial results usually suffer. In this article, based on our experience, we present a model for managing this type of crisis. In our law firm, we run a practice in which we focus on…

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New sales tax on online platforms

    Are you selling items on online platforms or offering property rentals on them? From January 1st, 2023, you may have to pay tax on this income! The new law signals the virtual end of freely earning money online without paying tax. Popular online platforms that enable the sale of various items or property rentals will be able, and in fact, are obliged...

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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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Termination of the contract for a specified period

Legal services for companies – 4 reasons to use legal assistance

Every company (whether a beginner or a long-established one known on the market) needs several specialists who will help in various aspects of its operations. The key areas are finance, legal needs, marketing, etc. In most industries, the most key specialists that business needs are marketers, accountants and lawyers. Of course, an accountant is crucial to the company's finances, charts, ...

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legal services for companies

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

From this article you will learn: what are the features of a good business lawyer and how to know that this lawyer will be suitable for your company why a good lawyer and cooperation with the best and most efficient law firm possible are necessary for every company operating on the market what to consider choosing a lawyer to provide legal services to your company...

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

legal services for companies in Warsaw

How to choose a good lawyer – 4 important features

How to choose a good lawyer - 4 important features Not only finding but also choosing a lawyer who suits your needs is a difficult process during which many different factors must be taken into account. At some point in their lives, many people find themselves in a situation where they need the services of a good lawyer, or even the best one possible. Independently from …

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Credit Holidays – in detail, difficult questions and answers

    📋 Table of Contents What type of loan agreement entitles you to take advantage of credit holidays? I have entered into a mortgage agreement which allows me to take advantage of credit holidays – what other conditions must I meet? Can I take credit holidays for a flat that I am renting? For what period can I obtain a suspension of loan repayment? Several mortgage agreements…

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

    📋Table of Contents Control from the NFZ – what does a refund prescription check look like? What to do when the NFZ demands a refund? What to do if the NFZ wants a refund? How to write an appeal? Regarding objections to the NFZ’s post-control report NFZ control of pharmacies: a practical example – lack of signature on prescription Summary Table of Contents Control from the NFZ – what does it look like…

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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

📋Table of Contents Influencer and influencer marketing Unfair advertising, or how to label content online? Labelling in the description of a photo/video/other material Labelling within the content itself Scams, or how not to deceive your audience What to do if the Office of Competition and Consumer Protection (UOKiK) contacts an influencer? In recent weeks, the topic of influencer activity and influencer marketing has been heated almost to boiling point, in the aspect of…

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 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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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?

Amendment to the so-called COVID Act. How will new regulations affect the current situation of shopping centre tenants? Introduction 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 commercial space, predicted significant consequences for shopping centre tenants.

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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?

    New restrictions in the fight against the COVID-19 pandemic – a commentary on the new ordinance of the Council of Ministers, i.e.: WHERE ARE MASKS NOT REQUIRED? IMPORTANT: THE BELOW ANALYSIS OF THE LEGAL STATUS PREPARED BY A COLLEAGUE FROM OUR LAW FIRM CONSIDERED THE LEGAL SITUATION AS OF 9 OCTOBER 2020, HOWEVER, THIS HAS CHANGED – key changes in force from 16 October 2020, according to…

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, so-called e-books, have become increasingly popular, especially now, during the coronavirus pandemic, when leaving the house increases the risk of infection, and libraries are often closed or their use is restricted. The e-book market has grown by several tens of percent, to the delight of modern online bookstores and the immense sorrow of those...

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.