Monthly Archives: May 2014

New rules regarding the concentration of procedural material

May 18th, 2014 (No Comments)

By Act of 16 September 2011 (Dz. U. 2011, no 233, item 1381) a vast reform of general and enforcement proceedings was adopted by the Polish Parliament. The Act entered into force on 3rd May 2012. Among many changes introduced by this Act, an emphasis should be put on the new rules of presenting facts […]

Rights to a bus and the beginning of the end of formalised copyright transfer

May 18th, 2014 (No Comments)

Copyright transfer, as regulated in Articles 41-68 of the Polish Act on Copyrights and Related Rights of 9 February 1994 (Polish Journal of Laws 2006.90.631 – hereinafter referred to as “Copyright Act”) is extremely strict and formalised. Current regulations are designed to protect the creator against business and the media industry, which are considered as […]

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

May 18th, 2014 (No Comments)

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 […]

Liability of Legatees of Specific Bequests for Estate Debts under the Polish Law of Succession

May 18th, 2014 (No Comments)

The Act Amending the Civil Code and Several Other Acts of 18 March 2011 (Dz.U. No 85, item 458) introduced the construction of a specific bequest to Polish law. This institution – based on the Roman law concept of legatum per vindicationem – was not regulated in the Civil Code of the Republic of Poland […]

Actio de effusis vel deiectis – the boundaries of flexibility

May 17th, 2014 (No Comments)

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 […]

The Regulation of Motherhood in the Polish Family and Guardianship Code

May 17th, 2014 (No Comments)

The regulation introduced to the Polish Family and Guardianship Code by the law of 6 November 2008, which entered into force on 13 June 2009 (the newly added section “Motherhood” encompassing Articles 619 – 6116; Journal of Laws of 2008 No 220 item 1431), is entirely devoted to the hitherto ignored issue of maternal descent. […]

Transmission servitude – a new limited real right

May 17th, 2014 (No Comments)

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 […]

Does comparative advertising need to be up to date?

May 17th, 2014 (No Comments)

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 […]

Let’s start!

May 12th, 2014 (No Comments)

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 […]