The 1987 Sino-Polish Treaty on Legal Assistance in Civil and Criminal Matters is Not Applicable to Judgments of Hong Kong

By an order made on 6 March 2012, the Court of Appeal dismissed the complaint of V. M., filed against the order of the Regional Court in W. declaring the judgment of a District Court of the Special Administrative Region of Hong Kong to be enforceable in Poland. An appeal in cassation was lodged with the Supreme Court against the former order by V. M.

The appeal was based on two major grounds: a violation of Article 16 of the 1987 Treaty between the People’s Republic of Poland and the People’s Republic of China on legal assistance in civil and criminal matters in conjunction with Articles 27 and 29 of the Vienna Convention on the Law of Treaties, and a violation of the relevant provisions of the Polish Code of Civil Procedure relating to the recognition and enforcement of foreign judgments. Read more

Posted on 18/05/2014 by Szymon Zaręba in International

Actio de effusis vel deiectis – the boundaries of flexibility

Article 433 of the Polish Civil Code embraces the classical construction of liability for damages caused by objects or liquids falling out from a room. Following the classical pattern of the Roman actio de effusis vel deiectis, the Code tightens considerably the liability in comparison to Article 415 CC, setting out a general obligation to compensate for damage caused by an unlawful deed, as long as the culprit remains in the wrong. The peculiar tort in question, on the other hand, awards the right to claim compensation from every person who occupies the room, regardless of their fault (which clearly rates this provision in the Polish doctrine under what is known as “liability upon the risk basis”). Among the relieving circumstances, the statute rates only force majeure, the exclusive fault of the victim or a third party for whose deeds the resident does not bear liability. Read more

Posted on 17/05/2014 by Mateusz Grochowski in Contract Law

Transmission servitude – a new limited real right

On 3 August 2008, a new regulation was introduced in the Polish Civil Code in Articles 305 (1) – 305 (4), creating a new legal institution (a new limited real right), namely the transmission servitude. A transmission servitude is established for the benefit of a business entity. It constitutes an encumbrance (in the strict sense of the word) of the servient real property, (a real property necessary for the sake of transmission, e.g. to locate transmission utilities). The legislator did not specify who the business entity may be, but the legal doctrine has developed the concept of “transmission entity”. Read more

Posted on 17/05/2014 by Grzegorz Matusik in Property Law

Does comparative advertising need to be up to date?

In its judgment of 10 October 2012 (case No I ACa 856/12),[1] the Appeal Court in Krakow found that comparative advertising may compare prices from a different dates, and that companies may continue their advertising even if the competitor changes the prices. It is only necessary to provide customers with precise information on the dates when the prices being compared were valid.

In the contentious advertisement, the operator of a chain of supermarkets, Tesco, compared the prices of a large number of fast-moving goods with prices applied by operators of various discount markets. The advertising campaign was carried out using the phrase “Discount prices” and included methods such as a promotional newspaper and many other forms associated within Tesco markets: posters, comparative price tags on the shelves and under particular products. Read more

Posted on 17/05/2014 by Michał Strzelecki in Competition

« Previous 1 2