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The use of a standard agreement in business transactions

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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Starting from 9 July 2018 – shorter limitation period of claims in Poland – only 6 years, instead of 10 years.

Starting from 9 July 2018 – shorter limitation period of claims in Poland – only 6 years, instead of 10 years.

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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Starting from 9 July 2018 – shorter limitation period of claims in Poland – only 6 years, instead of 10 years

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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New article in the Polish press about touristic and sports law

 

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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Audit of the economic credibility of an employment agency for a German client

At the request of a German client, KG Legal verified a Polish employment agency addressed by a foreign entity operating in the field of employing workers from India in Poland for jobs related to steel and mining industry in one of the largest economic zones in Poland. A positive audit aimed to provide credibility conditions for the foreign client which opens effective cross-border cooperation. Foreign business entities wishing to cooperate with the Polish employment agencies, first of all, pay attention to the presence of employment agencies in public business registers (Register of Entrepreneurs of the National Court Register, Register of Employment Agencies) and to the conditions for issuing a certificate on registering an entity in the register entitling to provide services as an employment agency in Poland.

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