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The attractiveness of investments in Poland and Polish tax law

Publication date: December 11, 2024

Poland, according to current data, is one of the fastest growing economies in Central and Eastern Europe. For years, it has attracted the attention of investors from all over the world. Its strategic geographical location, as well as membership in the European Union and the dynamically developing internal market make it an attractive place to invest your capital. However, the success of the investment depends not only on macroeconomic factors, but also on the legal and tax framework, which is the foundation for conducting business activity.

The aim of this article is to analyse the attractiveness of investing in Poland from a legal and tax perspective. It will discuss key legal aspects, such as the stability of the legal system and investor protection, as well as the tax system, including income taxes and available reliefs and incentives. Particular attention is also paid to the role of Special Economic Zones (SEZ) and the advantages that Poland offers compared to other countries.

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Does personal collection of goods conflict with the nature of distance selling?

Publication date: December 11, 2024

When it comes to online sale, some sellers do not allow personal collection of goods. Instead, the consumer is forced to use the services of a courier.

To understand the meaning of such a requirement, it is necessary to look at the definition of a distance selling contract in individual legal acts.

General legal nature of sales

Contracts in the law of obligations can be divided into two types – named and unnamed contracts. Named contracts are contracts that have been listed in the specific part of the code. These contracts are dominant in private law relations. Therefore, the legislator decided to include special provisions concerning them in the code, in order to better ensure the protection of the interests of the party and the security of trade. Unnamed contracts, on the other hand, are those that have not been listed in the specific part of the Civil Code, so they will depend only on the general principles of obligations and, above all, the will of the parties.

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Art and Cultural Heritage ABA Meeting – Presentation of KIELTYKA GLADKOWSKI

Publication date: December 10, 2024

Poland is a country that can boast a rich history and culture, and in the world we stand out above all for two works of art that are considered to be museum objects of the “zero” class. The first is the Gothic Veit Stoss Altar in the St. Mary’s Church in Kraków, and the second is the Renaissance portrait of Leonardo da Vinci “Lady with an Ermine”. These works, although created at a similar time, constitute two different faces of art – sacred and secular – and at the same time symbols of Polish cultural heritage. My presentation today will be devoted to the exceptional Czartoryski collection which this painting is a part of. I would like to draw particular attention to the specific legal situation of this art collection, which for decades has stirred controversy both in Poland and abroad.

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Limits of contractual liability for damage

Publication date: December 10, 2024

1. Introduction

Civil law is a set of norms concerning private law relationships that permeate the economic life of every society. Civil law consists of, on the one hand, absolutely binding norms that apply regardless of the situation, which means that there is no possibility of legally circumventing them, and on the other hand, relatively binding norms, the application of which can be excluded by means of an appropriate contractual clause or provision of a model contract. In addition, there are certain general principles of civil law that give meaning to individual norms.

What happens when these principles conflict? Resolving such a case requires a complex analysis. Recently, such an analysis was carried out by our lawyers’ team in the context of the cap-on liability clause known to Common Law legal systems, which limits ex contractu liability for damages to the amount accepted by the parties to the contract. Is it possible to translate it into a Polish law contract? How does it relate to the principle of freedom of contract and the principles of liability for damages? What does contractual liability look like in Polish law and how far can the parties to the contract go in modifying it? In this entry, we share with you our answer to this question based on the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 2024, item 1061, as amended; hereinafter referred to as the Civil Code or CC) and other legal acts.

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Recent changes in the Polish Civil Procedure – important issues for cross border cases and litigation

Publication date: December 10, 2024

The Polish legal system has recently undergone a number of significant changes, the most recent of which concern the Code of Civil Procedure. A few years ago, conducting an online hearing was impossible. Although the regulations allowed videoconferencing, it was limited to connections between courts, mainly used for questioning witnesses. The COVID-19 pandemic has significantly affected these regulations, leading to the introduction of the possibility of remote participation in hearings. Thanks to the amendment of the regulations in March 2020, remote hearings have become a reality, initially as a temporary solution, aimed at counteracting the effects of the pandemic.

Seeing the effectiveness and convenience of remote hearings, the legislator decided to permanently introduce this form to the Code of Civil Procedure. On March 14, 2024, an amendment came into force, which not only consolidates remote hearings as a standard procedure, but also introduces a number of other innovations. The aim of these changes is to streamline and accelerate civil proceedings, so that the justice system is more effective and accessible to citizens and entrepreneurs.

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