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 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 by Michał Strzelecki in Competition

Let’s start!


We hope that our internet site – on private law in Poland – is the start of something big ahead. So why now, why about civil law, and why in English?

The contemporary legal discourse does not need only “thick books”, but requires also more flexible ways of informing about legal concerns – like blogs and internet websites. They alter the paradigm of exchanging legal information, departing from the traditional, solely analytic discourse, into more diverse ways, responding to newly-arising needs. Read more

Posted on by Ewa Łętowska in General Issues
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