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Kubas Kos Gałkowski | Poland | 4 Jul 2023
Set-off claim in Polish civil proceedings conducted under general rules
In 2019, the legislator introduced procedural restrictions on raising a set-off claim in proceedings by adding article 203 to the Code of Civil Procedure. It was noted that the purpose of the new regulation was to prevent the abuse of this claim. Court practice indicated that a set-off often constituted a mere procedural ploy without a factual basis and that raising this claim was aimed only......
Wardyński & Partners | Poland | 15 Jun 2023
“Strict” warranty liability: A risky convention
In M&A practice, and elsewhere, share transfer agreements customarily provide for the seller’s warranty liability, for example, for breach of…
Wardyński & Partners | Poland | 1 Jun 2023
Conversion of state court proceedings into arbitration proceedings
On 1 July 2023, another major amendment to the Polish Civil Procedure Code enters into force. The changes involve general provisions, consideration…
Kubas Kos Gałkowski | Poland | 9 May 2023
Supreme Court's position on agent's information claims
In a recent judgment, the Polish Supreme Court addressed an interesting issue concerning the relationship between an agent's information claims and the expiry of the limitation period for a claim for payment of a commission. The Court answered the question of whether it is possible for an agent to successfully pursue information claims aimed at determining the commission due to them, even if......
Wardyński & Partners | Poland | 23 Feb 2023
Limitation periods in a contract for a specific work
The statute of limitations for claims arising from a contract for a specific work is regulated differently from the general rules. Pursuant to Civil…
Wardyński & Partners | Poland | 9 Feb 2023
The investor’s lack of cooperation and rescission of a construction contract
Cooperation between the parties is essential to implement many contracts. This is particularly so in the case of a construction contract or a…
Wardyński & Partners | Poland | 3 Nov 2022
Claim for a guarantee of payment for construction works: Practical problems
A request for a payment guarantee may appear on an investor’s desk suddenly, causing numerous complications. Sometimes, contractors make such a…
Wardyński & Partners | Poland | 26 Aug 2022
A debtor disposes of assets before the debt falls due: Can the creditor pursue a fraudulent transfer claim against a third party?
An investor and a contractor sign a construction contract. Before the contractor begins work, the investor disposes of valuable assets, from which…
Wardyński & Partners | Poland | 26 Aug 2022
Establishing the invalidity of a fraudulent agreement as an alternative to ruling it ineffective under Civil Code Art. 59
A year has passed since a counterparty entered into an agreement with a third party preventing actual performance of a contract previously entered…
Wardyński & Partners | Poland | 14 Jul 2022
Acknowledgement of debt: What does the debtor’s behaviour mean?
Recently, the Supreme Court of Poland commented on the subject of acknowledgement of debt, and at the same time gave some general guidance on how to…
