Contract Law In Poland
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Contract Law In Poland
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Author : Piotr Machnikowski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-20
Contract Law In Poland written by Piotr Machnikowski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Poland covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Labour Law In Poland
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Author : Zbigniew Hajn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-12-12
Labour Law In Poland written by Zbigniew Hajn and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-12 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Poland not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers' associations, workers' participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Poland, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Insurance Contract Law In Poland
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Author : Zdzisław Brodecki
language : en
Publisher:
Release Date : 1995
Insurance Contract Law In Poland written by Zdzisław Brodecki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Insurance policies categories.
Insurance Law In Poland
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Author : Zdzislaw Brodecki
language : en
Publisher:
Release Date : 2016
Insurance Law In Poland written by Zdzislaw Brodecki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in Poland. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen's compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting Poland. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.
Private International Law In Poland
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Author : Ewa Kamarad
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-20
Private International Law In Poland written by Ewa Kamarad and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Poland. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Poland. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Interpretation In Polish German And European Private Law
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Author : Bettina Heiderhoff
language : en
Publisher: Sellier European Law Pub
Release Date : 2011
Interpretation In Polish German And European Private Law written by Bettina Heiderhoff and has been published by Sellier European Law Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
In the daily work of lawyers, the interpretation of declarations of intent and contracts is a very difficult task, especially with regard to crossborder partners. This book contains informative proceedings from an international conference - held in Katowice, Poland - on the legal interpretation of private law in various legal regions. Topics include: the interpretation of foreign law by German courts * theories of interpretation in private law * the interpretation of contract under the German BGB and under the CFR * the interpretation of the juridical acts - a comparative perspective * the "common" interpretation of national law * iuris cogentis and iuris dispositivi rules/provisions in contract law and in corporate law * the relevance of circumstances in which the contract was concluded to contract interpretation under the DCFR (II. - 8:102) * Is there one true interpretation of a law? * Is the wording of the law a limitation for its interpretation?
It Law In Poland
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Author : Andreas Wiebe
language : en
Publisher:
Release Date : 2009
It Law In Poland written by Andreas Wiebe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Computers categories.
Introduction To Polish Law
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Author : Stanis?aw Frankowski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Introduction To Polish Law written by Stanis?aw Frankowski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.
Gain Based Remedies For Breach Of Contract
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Author : Daniel Zatorski
language : en
Publisher: Springer Nature
Release Date : 2023-02-15
Gain Based Remedies For Breach Of Contract written by Daniel Zatorski and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-15 with Law categories.
This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
Polish Tenancy Law And The Principles Of European Contract Law
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Author : Ewa Gromnicka
language : en
Publisher:
Release Date : 2013
Polish Tenancy Law And The Principles Of European Contract Law written by Ewa Gromnicka and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This report provides an introduction to the Polish law of tenancy and a brief analysis of the changes this field of law has experienced in recent years. The last decade has witnessed comprehensive law reform in Poland, particularly in the ambit of civil law and civil procedure, primarily to enhance consumer protection. In addition to difficulties arising from an overhaul of the judicial system and transformations wrought by the re-privatisation process, a general lack of clarity further remains with regard to the ownership of private property and to the doctrine of restitution. As a result, the application of the law in this field has been in a something of a general flux. The report offers a comprehensive overview of the historical background of civil law developments in Poland together with the particularities of the system as it functioned under the Communist rule, moving later to recount the recent law reforms and constitutional influences as exhibited since the adoption of 1997 Constitution. It addresses in more detail the basic structure and content of the current tenancy law together with the legal concepts of the lease contract and other forms of lawful possession of premises for housing purposes. Later on social regulations affecting private tenancy contracts are analysed. Then a summary account on 'tenancy law in action' is provided. It comprises economic considerations that influence the application of law in the field. Then it moves on to discuss the role of association of tenants and consumers and the alternative dispute resolution. In conclusion it provides account of the practice of tenancy law in Polish courts and the effectiveness of access to justice of the interested parties. The final part of the report consists of analysis of a set of hypothetical cases concerning conclusion of the tenancy contract (including the choice of tenant and formal requirements of the contract). This is followed by analysis of the issues of the duration and termination of the contract, rent and rent increase. Obligations of the parties in the performance of the contract and standard terms are part of a separate set of cases. The case studies are concluded by analysing the issues of the breach of contract and relationship between the Tenant and Third Persons.