Conciliatory proceedings (art. 184 and the subsequent articles of the Code of Civil Procedure) are a very useful tool. Their primary function as foreseen by the legislature is to allow the feuding parties to settle before the court, and thus amicably, without the need to institute time-consuming and expensive litigation. A court settlement is a… Continue Reading
Due to the continuing prevalence of electronic surveillance (covert listening) in the public and business sphere, as well as in the work of the investigation authorities, frequent discussions are taking place on the legality of eavesdropping and the disproportionate rights of various services to use this method in their operations.
In my last post on the criminal liability of legal persons, I promised to write a few more words about the prerequisites of this liability, procedure of adjudication and possible penalties. For now, it is knowledge that you need to familiarize yourself with for a “just in case” scenario. As I wrote, the criminal liability… Continue Reading
A legal person, known in earlier times as a moral person (from the Latin persona moralis) has become, at least under the modern criminal law, its opposite – an “immoral” person, who may be subject to criminal liability.
Several weeks ago, the media widely discussed the charges of corruption upon award of public contracts for the computerization of several state institutions. As usual, there were publicly discussed detentions, declarations announcing an absolute combating of corruption and information on the so-called developmental nature of cases. Penal proceedings in these matters are definitely pending and… Continue Reading
Today we are having a look at court experts. The issue of the competencies of court experts has emerged recently in the context of the work of an expert valuating a watch of government Minister Nowak. It was not a flattering episode.
Numerous changes affect the law in various fields. Civil and criminal procedures are no exception, but due to their continually unsatisfactory effectiveness, they are changed more frequently than other regulations. Some of the changes relate to one or more articles of the law. However, there are some articles in which much of the text is… Continue Reading
My last post was devoted to the notion of active repentance in penal and fiscal law, with the regret that it is often misunderstood, and even not understood at all in the practice of the prosecution authorities. However, one may ask the following question: if the entity expressing active repentance is sure that its understanding… Continue Reading
Recent amendments to the Code of Civil Procedure (“CCP”) entered into force on 7 July 2013¹. They are both an example of a good and fast response of the legislature to some of the problems encountered in the practice of the courts and law enforcement agencies and, in part, to effective legislative lobbying from legal… Continue Reading
The purpose of active repentance in penal and penal-fiscal law is to encourage the perpetrators of prohibited acts to disclose the fact of committing them, to prevent the consequences they may have and to terminate the “contact” with penal law without the conduct of any proceedings and without imposing penalties. The notion of active repentance… Continue Reading
I was inspired to write this post by a court case. In fact, a minor case regarding a dispute over a boiler.
The concept of an “ADR Pledge” has been known for at least last three decades. Mostly it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare that they will adopt a systemic approach to dispute resolution with more focus on mediation and ADR. ADR pledges have been… Continue Reading
In the issue of “Rzeczpospolita” of 7 May 2013, the newspaper’s editor Marek Domagalski’s article entitled “Republic of Judges” on the acquittal of Beata Sawicka, presented controversial arguments relating to the judiciary in Poland. These arguments should be discussed.
There have been numerous press reports recently that large retail chains will change the rules of cooperation with their suppliers. Moreover, blunt newspaper headlines proclaimed that “shelf payments are a thing of the past”. If this is correct, then the change in trade policies pursued by chains in Poland is a good example of a… Continue Reading
Much was written two years ago about the so-called acts to the detriment of a company described in art. 585 § 1 of the Commercial Companies Code¹, which is no longer valid. It coincided with penal proceedings against a famous businessman and legislative works on the amendment of the aforementioned provision. Lack of clarity and… Continue Reading
The efficiency of the procedures for review of commercial matters is often criticized. The meeting of the procedure and bankruptcy however brings problems which can deprive even the most determined to pursue their claim of hope. Additionally, bankruptcy can affect any party to the proceedings and bankruptcy can have a form of either liquidation bankruptcy… Continue Reading
The notion of the so-called “serving by default”, namely deeming a letter properly served although a participant of the proceedings has never collected it, is as we know very important in practice. On the one hand, it is hard to imagine the smooth running of court or administrative proceedings without it, on the other hand,… Continue Reading
Court judgments are rendered in this country in the name of the Republic of Poland. Even if the body of the judgment mandatorily provides the composition of the court, the only ‘trademark’ apparent on the judicial decision is the crowned eagle, the Polish national emblem. The judgments contain, but do not bear, the names of… Continue Reading
It is difficult to negate the importance of so-called European funds for the development of the Polish infrastructure within the last few years. From the point of view of the settlement of disputes, this field is increasingly interesting for two fundamental reasons: as a consequence of the number of contracts carried out with EU support,… Continue Reading
The civil proceedings before the Polish common courts are conducted in Polish. Unlike in many European countries, Polish law does not allow any second language in the proceedings. Poland is a party to the Hague Convention of November 15, 1965 on the service abroad?? of judicial and extrajudicial documents in civil or commercial matters. As… Continue Reading
Holidays are a time of laziness, slowing down and relaxing. Even though contemporary Polish law doesn’t know the meaning of judicial vacation, in practice one can see the slowing down of the functioning of the courts, which in this exceptional case is probably not causing the parties impatience and aggravation.
I was inspired to write this by an interview published in Rzeczypospolita newspaper with Prof. Julie MacFarlane from the Law Faculty of the University of Windsor in Canada titled: “A lawyer cannot just be a brain on the stick [Polish title: “Prawnik nie może być tylko mózgiem na kiju”].
Court fees seem to be inseparable from the civil procedure. The Polish fee system in civil matters is regulated by the Act on court fees in civil law cases of July 28, 2005. The word “system” seems a bit far fetched here. Having read the Act and after a moment’s reflection, it is hard to… Continue Reading
The New World has been a target for centuries. Before, it used to be a more elusive place, a tricky destination. For example, to reach it, it took a month’s voyage across the ocean in a wooden vessel was required. Nowadays, the New World surrounds us. It is the World Wide Web. It is indisputable… Continue Reading