Occurrence of standard agreement in business transactions is already a common practice. Companies in most contracts concluded with their contractors use the previously developed standard agreement. Pawel Dyrduł, lawyer from law office KG Legal Kiełtyka Gładkowski Sp.p with its registered office in Krakow, discusses the issue of using this “instrument” in business transactions.
A standard agreement
There is no legal definition of a standard agreement in the Polish legal system. However, on the basis of legislation and economic practice, one can attempt to define this concept. The standard agreement will be understood as contranct previously made by the contractor, which will, in principle, be identical for each client. This a standard agreement can thus be repeatedly used by the trader to conclude an agreement with a contractor. A standard agreement refers to a contract whose terms are to remain constant. Changes which only be made are the contractor’s data, the date of conclusion of the contract. Currently, the practice of using a standard agreement in business is very common. For example, banks, insurance companies, telecom operators, electricity providers, etc. are developing and using a standard agreements.
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Deadlines
The Polish Civil Code has undergone significant amendments. The most important change as a result of the amendments is the change in the statutory limitation periods of claims. The current ten-year limitation period for property (monetary) claims will be 6 years. However, the limitation periods for claims for periodic and business-related claims will still be 3 years, hence it does not change.
Changes for consumers
The amendment of the Civil Code introduces a different position of the entrepreneur and the consumer, defining the second as a weaker party of legal relations and establishing separate regulations for limitation of claims in respect of consumers, thus improving their legal situation. The new law will no longer allow an entrepreneur to satisfy the claims against the consumer after the expiration of the limitation period. However, there has been added the possibility of the court not to take into account the expiry of the limitation period against the consumer, if the principle of fairness requires it. In such case, the court will have to consider: the length of the limitation period, the time from the expiration of the limitation period to the date the claim was made and the nature of the circumstances that caused the claimant not to make the claim.
The modified legal provisions also include the regulation concerning the sale of second-hand goods to a consumer. The new regulations set forth that the limitation period for claims under warranty cannot end before the lapse of two years from the date of delivery of the item to the buyer.
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KG LEGAL KIEŁTYKA GŁADKOWSKI discusses legislative changes that take place in the tourism industry in connection with the new act that introduces new EU regulations into Polish law. These changes relate primarily to the terms of offering, selling and implementing tourist events and related travel services on the territory of the Republic of Poland, as well as abroad and requirements towards the Polish Tourism Guarantee Fund.
Link to the article: http://mojafirma.infor.pl/zakladam-firme/biuro-podrozy/778111,Nowe-prawo-branzy-turystycznej-od-1-lipca-2018-r.html
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There has entered into force new law in Poland according to which all companies in Poland will be obliged to file their financial statements in electronic form. The companies whose management board is composed only of foreigners need to be at guard, because according to new provisions, if a management board consists only of foreigners, the person who represents the company will be obliged to apply for and be assigned with the Polish Resident Identification Number. If such a number is not assigned, the financial statement will have to be submitted to the Court Register by a proxy.
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The Ministry of Development is finalizing the work on the Act on the principles of supporting new investments in Poland, which is said to replace the Act on Special Economic Zones. The new law will come into force beginning of February 2018.
The new investment rules are to be important mainly for small and medium-sized enterprises in Poland as well as for foreign entrepreneurs operating in Poland. The change is to be primarily the territorial scope of investments, which have been supported by the Polish government so far and the factors influencing the decision to start a given investment are to be redefined.
The Ministry of Development also intends to extend investment incentives across the entire country, which until now were only valid in special economic zones. Tax reliefs would depend on the location and the nature of the investment in Poland, as well as on the quality of newly created jobs.
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