XVII International Congress of Comparative Law in Utrecht – Complete Polish Reports

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“Polish Private Law” publishes the next collection of Polish reports – from the XVII Congress of Comparative Law in Utrecht (2006). The reports provide information on various aspects of the Polish legal system – including problems of private law and civil procedure – relevant from the comparative perspective. We are thankful to the Łódź University Press for their steady and kind cooperation in this respect.

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Posted on by Mateusz Grochowski in General Issues

The Judgment of Paris

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Not taking into consideration faulty verdicts and irrational politics in the judicial system, especially inconsiderate cadre decisions and rash judge nominations, has catastrophic consequences for the judicial system, as well as for the whole country. It’s a shame, that the same mistakes are repeated so many years later. The opinion that because people do not have divine perfection, they want to be closer to gods so they repeat their mistakes does not seem to be appropriate.

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Posted on by ACUS in Civil Procedure, General Issues

In search for a remedy to facilitate the work of a judge: “electronic” judicial opinion

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The ability to issue an electronic judicial opinion was introduced to the Polish legal order by an amendment to the Code of Civil Proceedings (herein: CCP) – of 29 August 2014, which has been binding since 27 October 2014. The new way of providing grounds for judicial decisions was created by two articles: Article 328 § 11 and Article 331 § 2 CCP. According to the first of them, if the court’s session is recorded using electronic means, the judicial opinion can be delivered after announcing the verdict, and recorded along with the other elements of proceedings in the courtroom. In that case, the judge is no longer obliged to give brief oral reasons for his or her decision (which would be required if the traditional written motives were to be produced as the “main” opinion). Due to the second provision, if the e-motives have been produced, the parties obtain the judgment along with the transcript of the opinion – which is considered to be legally equal to the delivery of the written justification in the traditional model of giving the judicial opinion.

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Posted on by Iwona Rzucidło-Grochowska in Civil Procedure, General Issues

Banking Enforcement Titles non-constitutional and derogated from the Polish legal system

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On 14 April 2015, the Polish Constitutional Tribunal rendered a ruling that triggered a great commotion on the Polish market of banking services. The Tribunal declared Article 96 sec. 1 and Article 97 sec. 1 of the Banking Act – regulations constituting Banking Enforcement Title – as contrary to the principle of equality (case No P 45/12). In response to the judgment, the state legislator derogated this instrument from the Polish legal system with effect from 27 November 2015.

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Posted on by Aleksandra Bolibok in Civil Procedure, Consumer Law, General Issues

XVIII International Congress of Comparative Law in Washington – Complete Polish Reports

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“Polish Private Law” is pleased to present a complete set of Polish Reports from the XVIII International Congress of Comparative Law, hosted in 2010 in Washington D.C. The publication of the electronic version has been carried out in cooperation with the Łódź University Press – for which we owe sincere gratitude. For materials from the XIX Congress in Vienna, see: http://polishprivatelaw.pl/xix-international-congress-of-comparative-law-in-vienna-complete-polish-reports/#more-6635

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Posted on by Mateusz Grochowski in General Issues

Current Problems of Due Diligence & M&A – Prof. Klaus J. Hopt

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Civil Law Department at the Faculty of Law and Administration of the University of Warsaw invites everyone interested in private and company law to the open lecture of Prof. Klaus J. Hopt

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Posted on by Karolina Pasko in Company Law, Contract Law, General Issues

A preliminary question from the Polish Supreme Court to the CJEU (case C-367/15)

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The Civil Chamber of the Supreme Court of Poland referred its second preliminary question to the CJEU (following a previous one reported previously on Polish Private Law). This time it addressed issues of intellectual property protection, against the background of the 2004/48/EC directive of 29 April 2004 on the enforcement of intellectual property rights. The Court confronted this act with the domestic remedies in the case of copyright infringements, concluding that the possibility to award damages without ascertaining the real amount of loss, as set forth in the Polish regulation, is not compliant with the EU rules, excluding penal measures in these terms.

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Posted on by Mateusz Grochowski in General Issues, IP Law

Conference: 30 Years of European Product Liability Law

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The Conference will be held on 15th October 2015 at the Faculty of Law, Administration and Economics University of Wrocław). Its aim is to discuss whether regulation presently in force in European Union Member States concerning liability for loss caused by defective products, as implemented under Council Directive of 25 July 1985 (85/374/EEC) on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, remains, after thirty years, an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users.

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Posted on by Nina Baranowska in Consumer Law, General Issues

Unilateral termination of contracts under Polish law

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The discussion about provisions relating to the unilateral termination of contracts becomes controversial already at a terminological level. It has been noted, not only in Polish literature, that the terminology used in this field in various national laws is ambiguous and may be misleading (P.S. Atiyah, An Introduction to the Law of Contract, Oxford 1995, p. 398). The power to unilaterally bring a contract to an end may be defined as the right to terminate, withdraw from, cancel or rescind a contract. Certainly, the unilateral termination of a contract is not as uniform as could be sought-after. Thus, it is important to set out the terminological background before presenting the legislative framework for the unilateral termination of contracts under Polish law.

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Posted on by Karolina Pasko in General Issues

The seller’s claims regarding the defective nature of the thing sold – a new quality?

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The Consumer Rights Directive (CRD) required businesses across the EU to comply with its requirements from 13 June 2014. EU Member States have takenvarious approaches to implementing the new legislation. The Polish Act on Consumer Rights, which transposes the CRD, came into force on 25 December2014.  The newly introduced Article 576 (1) of the CC provides that, if the thing did not have the characteristics it should have had in accordance with its intended purpose or in accordance with assurances made in public, or has been issued in an incomplete condition, then the seller that incurred the costs as a result of the consumer exercising its rights under a warranty for physical defects, may request the redress of the damage suffered from one of the previous sellers, as a result of the actions or omissions of which the thing became defective.

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Posted on by Aleksandra Kunkiel-Kryńska in Consumer Law