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Acknowledgement of debt: What does the debtor’s behaviour mean?
Recently, the Supreme Court of Poland commented on the subject of acknowledgement of debt, and at the same time gave some general guidance on how to interpret a debtor’s statements and behaviour. This is a key practical issue, as action by the debtor can cause interruption of running of the statute of limitations on the claim. Therefore, debtors should be cautious about what they state to creditors. Conversely, in many cases, creditors can take advantage of the debtor’s behaviour to improve their legal position.
Acknowledgement of debt: What does the debtor’s behaviour mean?
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?
Coverage required for third-party liability insurance of healthcare providers
According to Polish and EU law, performance of certain services requires civil liability insurance. Such an obligation is imposed on entities performing healthcare activities, for which Polish law has specified the minimum amount of coverage. Can such coverage be exhausted by a medical loss?
Coverage required for third-party liability insurance of healthcare providers
When (part of) a consortium wants to go to court
For many years, the consortium has been a familiar form of cooperation between businesses pursuing public contracts. But this construction still raises legal questions, especially when a dispute arises and goes to court. Because this structure is deceptively similar to an ordinary partnership, sometimes it is unclear which members of a consortium may participate in court proceedings. The Supreme Court of Poland examined this issue in its judgment of 30 June 2021 (case no. III CSKP 75/21).
When (part of) a consortium wants to go to court
Can a contractual penalty be cut by 99%? When?
Contractual penalties are a common instrument for sanctioning failures to perform non-monetary obligations (e.g. completing construction on time). Contractual penalties can be cut by the courts, but generally the Polish Civil Code indicates only the grounds for mitigating a contractual penalty. The details must be sought in the legal literature and the case law. Indeed, the regulations do not even provide guidance on how much contractual penalties can be reduced. Thus each case should be treated individually, guided by the principles discussed below.
Can a contractual penalty be cut by 99%? When?
Will high court fees for conciliation be cut?
Increased court fees for an application for a summons to conciliation have been in effect since August 2019. They were intended to prevent the use of settlement proceedings solely to interrupt the running of the limitations period. Has this effect been achieved?
Will high court fees for conciliation be cut?
Should we be preparing for a Russian-Belarusian investment arbitration offensive?
After Russia threatened to expropriate foreign investors withdrawing from that country because of the war with Ukraine started by Russia and Belarus, we have seen an avalanche of commentaries encouraging wronged enterprises to prepare lawsuits against Russia in investment arbitration proceedings.
Should we be preparing for a Russian-Belarusian investment arbitration offensive?
Interrogation of a foreigner as a witness before the Polish civil court
A summons from a Polish civil court to testify at a hearing identifies the parties to the dispute, what is at stake in the dispute, and the court before which the case is pending. At the end of the summons there is a notice of the penalties for failing to comply with the summons. How to react to such summons and what it means in practice for a person who received it?
Interrogation of a foreigner as a witness before the Polish civil court
What is “use of a motor vehicle,” and what does it mean to the insurance industry?
The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged.
What is “use of a motor vehicle,” and what does it mean to the insurance industry?
Defects and payment: Handover dilemmas
When is the investor required to pay for the performance of work? How do identified defects relate to this obligation, and when can handover be refused? These questions cause many difficulties in practice and are the basis for numerous, often very complex and long-running disputes. Recently, this issue was addressed by the Supreme Court of Poland. The interpretive direction it affirmed may help market players, including construction contractors, to whom these findings may apply by analogy.
Defects and payment: Handover dilemmas
News from Poland—Business & Law, Episode 13 (part 2): interrogation of a foreigner as a witness
Stanisław Drozd and Konrad Grotowski carry on explaining what to expect if you are a foreigner testifying as a witness before the Polish civil court.
News from Poland—Business & Law, Episode 13 (part 2): interrogation of a foreigner as a witness
News from Poland—Business & Law, Episode 13 (part 1): interrogation of a foreigner as a witness
This time Stanisław Drozd and Konrad Grotowski explain what to expect if you are a foreigner testifying as a witness before the Polish civil court. The second part of the film will be published in January next year.
 
News from Poland—Business & Law, Episode 13 (part 1): interrogation of a foreigner as a witness