Publication date: February 17, 2025
Definitions and types of defects that may burden movable property
A work of art, or a commodity that is the subject of trade may be subject to two types of defects, in accordance with the provisions of the Civil Code: a physical defect or a legal defect (5563 § 1 of the Civil Code). The defect of a sold item consists in the transfer to the buyer of an item that is not in accordance with the contract. Physical defects are based primarily on the lack of properties that such a thing should have due to the purpose specified in the contract or resulting from circumstances or intended use; lack of properties that the seller assured about; the impossibility of using the item for the purpose that was presented to the seller when concluding the contract and he did not raise any objection to such intended use; delivery of the item in an incomplete state and incorrect installation and start-up, if this was done by the seller or a third party for whom he is responsible, or by the buyer acting in accordance with the instructions received from the seller. These cases are only examples, in accordance with art. 5563 § 1 of the Civil Code, any inconsistency of the sold item with the contract is a physical defect, UNLESS it is a legal defect. Legal defects, which are usually less common, are also more difficult to resolve, as it is not enough to send the buyer a missing part or repair a broken table leg, as they are based on the legal status of the sold item – ownership, restrictions on use or disposal of the item; encumbrance of a third party right or non-existence of the right. Civil law allows the buyer, in the event of one or both types of defects, to submit a declaration of a price reduction or withdrawal from the contract. The seller undertakes to deliver a non-defective item for a specified price, so if he fails to fulfil his obligation, he should be held liable.
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Publication date: February 12, 2025
Accounting, bookkeeping and economic perspectives — how can they be managed and classified?
How to balance them against accusations of discrimination?
The article practically discusses the differences between a bonus and an award for employees. The article first of all lists the differences between them, how to record bonuses, awards – in accounting books. Then we will focus on the moments when we can talk about the occurrence of discrimination in the awarding of bonuses, how to tax them and awards. The principles of accounting, bonuses and awards for employees and other important information about them will be considered at the end of the article.
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Publication date: February 05, 2025
The Warsaw Stock Exchange (WSE) and NewConnect are key elements of the Polish capital market, enabling investors to trade securities and supporting companies in raising capital for development. The WSE is a regulated market where large and mature companies are listed, while NewConnect serves as an alternative market dedicated to young, dynamically developing companies. Both of these markets have their own specific rules, procedures and requirements that companies applying for a debut must meet.
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Publication date: February 05, 2025
In 2024, new regulations were introduced regarding the protection of whistleblowers. Under the Act on the Protection of Whistleblowers (Journal of Laws 2024.928 of 2024.06.24), which entered into force on 24 September 2024, people reporting violations of the law in the workplace gained special legal protection. Employers were obliged to create procedures enabling safe reporting of irregularities and to ensure the protection of the identity of whistleblowers. The new regulations also aim to counteract all forms of repression against reporting persons. These changes were introduced in order to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 (OJ EU.L.2019.305.17 of 2019.11.26) on the protection of persons reporting violations of EU law.
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Publication date: January 15, 2025
Practical comments under Polish and EU law
Entrepreneurs use various types of contracts in the course of conducting business activity. In business transactions, there are named contracts (i.e. regulated by the provisions of applicable laws) and unnamed contracts (i.e. contracts permissible due to the principle of freedom of contract, but not regulated in any applicable legal act). The type of contract depends on the characteristics of the legal relationship established between the parties. The name of the contract itself does not determine its nature, which is why a civil law contract may be recognized as an employment contract.
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