The Regulation of Motherhood in the Polish Family and Guardianship Code


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. The reform is primarily a somewhat preventive reaction to the expansion of assisted reproductive technology (ART), which enables a woman who is either unwilling or incapable of carrying and giving birth to a child to provide her egg for fertilisation, which is then planted into another woman’s womb. One of the major social effects of the new technique is the possible split of the natural motherly “functions”, hitherto vested in one person, between the genetic mother, who provides the egg for insemination, and the biological, or surrogate mother, who carries and bears the baby.

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Posted on by Jakub Petkiewicz in General Issues

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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