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Which court should hear a fraudulent transfer case against a third party or a case seeking to protect real performance of a contract?
To challenge a transaction by a debtor with a third party injurious to a creditor (fraudulent transfer action) or a contract by the debtor with a third party (action under Civil Code Art. 59), it is essential to file the properly drafted statement of claim with the court with proper venue geographically and for the subject matter. How to determine which court is proper to hear the case?
Which court should hear a fraudulent transfer case against a third party or a case seeking to protect real performance of a contract?
When the other party seeks to prevent performance of a contract
After conclusion of a preliminary agreement for sale or long-term tenancy of real estate, the owner refuses to conclude the final agreement, instead selling the property to another buyer or delivering the property to another tenant. Or imagine a contract for future delivery of rare, hard-to-find components essential for manufacturing, where the seller then enters into another contract promising to supply a direct competitor, preventing the supply to the original buyer. In such situations, does the original buyer have a claim other than for monetary damages for breach of contract, or can it enforce performance of the original contract?
When the other party seeks to prevent performance of a contract
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
The deepening crisis of debtor honesty means that today, more than ever, creditors face the risk that debtors will not only fail to pay their debts voluntarily, but will hinder enforcement by transferring assets to third parties. In such situations, a fraudulent transfer claim against the third party (sometimes called a “Pauline action”), known and applied in legal systems of many countries around the world, comes to the creditor’s rescue.
Fraudulent transfer claim against a third party: A basic instrument for protecting creditors against debtors’ insolvency
News from Poland—Business & Law, Episode 21: Resolving IT-related Disputes In Arbitration
In the newest episode of News from Poland—Business & Law, Jakub Barański from Wardyński & Partners’ Dispute Resolution & Arbitration practice discusses arbitration as a solution to the rising number of IT-related disputes.
 
News from Poland—Business & Law, Episode 21: Resolving IT-related Disputes In Arbitration
Bill amending the 10H Act to enlarge the area accessible to onshore wind farms is closer and closer to adoption
In recent months, the wind power sector in Poland has observed the progress of work on a bill to amend the Wind Energy Investment Act and certain other laws. It is much-awaited by the industry, due to the stringent “10H rule” still in force. On 15 June 2022, the Minister of Climate and Environment submitted the bill to the government’s Legal Committee.
Bill amending the 10H Act to enlarge the area accessible to onshore wind farms is closer and closer to adoption
The end of a device to evade the statute of limitations?
As of 30 June 2022, a summons to attempt a settlement, or commencement of mediation, will no longer interrupt the limitations period for claims. Instead, the limitations period will be suspended for the duration of these proceedings. Is this the end of an easy method to evade the statute of limitations? And have lawmakers carefully considered the consequences of suspending time limits that now usually expire at the end of the calendar year?
The end of a device to evade the statute of limitations?
New EU regulation on vertical agreements: Changes to distribution rules
Since 1 June 2022, a new Vertical Block Exemption Regulation from the European Commission has been in force, setting out the rules for application of EU competition principles to cooperation between suppliers and buyers, in particular distribution. Some forms of vertical collaboration that were previously allowed are now banned. Others have been brought under the protection of the block exemption, meaning that they are now allowed. Some changes can be considered revolutionary.
New EU regulation on vertical agreements: Changes to distribution rules
When indexation of contractual fees is not enough
What can a public procurement contractor do if contractual indexation does not make the amount of the contractual fee realistic, or if no indexation clause is provided for in the contract? In such a case, is modification of the contract an obligation or a right of the contracting authority?
When indexation of contractual fees is not enough
News from Poland—Business & Law, Episode 20: Property regimes for international couples living in Poland
This time Anna Olejniczak-Michalska from the firm’s Private Client practice discusses the topic of property regimes for international couples living in Poland.

 
News from Poland—Business & Law, Episode 20: Property regimes for international couples living in Poland
News from Poland – Business & Law, Episode 19: New Developers Act
In the newest episode of News from Poland Business & Law, dr Jakub Baranowski from Wardyński & Partners’ Real Estate practice discusses the major changes in Polish real estate law in 2022 with entry into force of the New Developers Act. It is designed to provide consumers with greater security in acquiring residential properties by greatly expanding the applicability of the statute, adding new security instruments, and modifying the procedure for removing defects.
 
News from Poland – Business & Law, Episode 19: New Developers Act