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11.12.2024

NewsOur major court cases

Success in the adjustment clause dispute – on the role of proper clause drafting in contracts.

The instability of the market situation is prompting the increasingly widespread use of adjustment clauses in contracts. They make the remuneration or price agreed by the parties more resilient to the negative effects of economic changes, which is particularly important in the case of long-term contracts.

02.12.2022

Our major court cases

Civil proceedings: Correct drafting of the brokerage agreement

Only the correct wording of the brokerage agreement ensures the exclusive remuneration of the agent, and failure to perform it by the seller of the real estate and the correctly made assignment entitles to claim contractual penalties. The seller of the property could effectively avoid the error as to the effects of concluding the brokerage agreement and its interpretation imposed by the agent.

17.11.2022

Our major court cases

Securing the inheritance in Poland – guardianship of the inheritance – part II

The following article is a continuation of the first part. Click to go to it "Securing the inheritance in Poland - guardianship of the inheritance - part I" The tasks of the curator and the curator The guardianship of the inheritance is mainly about securing the assets left in the inheritance against loss of their value and obtaining possible benefits for the heirs. In other words, it is about maintaining the entire inheritance property through the personal and property efforts of the probation officer and obtaining funds that will increase the value of the inheritance by, for example, pursuing claims, including before the courts.

13.11.2022

Our major court cases

Securing the inheritance in Poland – guardianship of the inheritance – part I

Securing the inheritance in Poland - guardianship of the inheritance - selected information Inheritance property may be protected before it is passed on to heirs. What is the purpose of the guardianship of inheritance The guardianship of the inheritance serves to protect the inheritance - it is therefore about the period of "interregnum" that will arise between the moment of the testator's death and the moment of handing over the inheritance property to his heirs and is intended to maintain the inheritance property in its entirety and prevent the arbitrariness of some of the heirs. Therefore, guardianship of inheritance is described by Polish law as "management of inheritance not covered".

20.10.2022

Our major court cases

Changes to exploitation laws that benefit consumers

The provisions of the Civil Code on exploitation are an important tool to protect the interests of the weaker party to the contract. It is used by people exploited by the contractor due to their forced position (e.g. urgent need to repay debt), infirmity (e.g. due to serious illness) or inexperience (may be due to young age). The legislator aims to make it easier for these people to avoid the negative consequences of the concluded contract. The amendment to the Civil Code of June 30, 2022 significantly extended this protection.