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the so-called acts to the detriment of a company described in art. 585 § 1 of the Commercial Companies Code¹, which is no longer valid.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
because they are complicated and thus challenging, because they last so long that become a legend, but it happens that although apparently easy and short, they are so original and interesting that we remember them. And I want to tell you about the case just like.
Much information has been recently published in the press regarding the amendment to the Code of Civil Procedure. One of the titles was “Entrepreneur as an ordinary citizen [Polish: „Przedsiębiorca jak zwykły obywatel”]. The article has explained that since May 3, 2012, onerous formalities that have been the curse of entrepreneurs, in particular the so-called… Continue Reading
It was not a long time ago, a bit more than 20 years ago, when the Warsaw courts were all in one place – in a monumental building at 127 Leszno Street (called Świerczewskiego then). The labor courts were located in the buildings of the mortgage court. There were 500 advocates in Warsaw and only… Continue Reading
If you are just reading this post, it cannot be accidental. This is a new blog that is interesting for lawyer-practitioners and litigators, but not only, we believe. From now on you have an open invitation to join us at the table at which my outstanding colleagues are already seated. It is going to be… Continue Reading