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Category: Blog

Compensation and reimbursement in Poland

Compensation and reimbursement in Poland

I had a car accident in the centre of Szczecin; I am a victim of medical error; I had an accident at work-to I need a lawyer to claim for compensation? I was asked such questions recently by a client that came originally in a completely different case. The answer, in theory, should be “no”, […]

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Legal portion – Adwokat Sienkiewicz – Szczecin

Legal portion – Adwokat Sienkiewicz – Szczecin

Legal portion is a form of protection of close relatives of a testator, who would inherit after the deceased, but for some reason were ommitted in the last will or connot claim theit legal portion because of the fact that testator made donations that decreased the amount of the inheritance assets. Legal portion The circle […]

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Suit for a divorce in Poland

Suit for a divorce in Poland

Divorce in Poland is a type of case reserved for a jurisdiction of District Courts that hear cases in first instance, according to article 17 pt. 1 Civil Procedure Code (further as CPC). On the basis of article 47 § 2 pkt 2 letter a of CPC these cases are heard by one professional judge […]

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Contractual penalty

Contractual penalty

Contractual penalty is defined in article 483 of Civil Code, which states that it is possible to reserve the right to claim compensation of damages stemming from non-performance or improper performance of non-pecuniary obligation will be effected by payment of a specified amount (contractual penalty).

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Unworthiness of inheritance

Unworthiness of inheritance

Unworthiness of inheritance means that on the grounds of a court ruling heir is deprived the right to inherit after a particular testator. The grounds to consider someone unworthy are mentioned in article 928 of Civil Code and are of moral and ethical character.

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Bank enforcement title (BET) contra investment (securisation) funds

Bank enforcement title (BET) contra investment (securisation) funds

Bank enforcement title was out-of-court enforcement title issued on the basis of banking books or other documents associated with banking operations. On 14th April 2015 The Constitutional Court ruled, that banking law provisions allowing banks to issue bank enforcement title and to initiate on the basis of them enforcement proceedings violate the constitutional principle of […]

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A next of kin with respect to differences between the genders

A next of kin with respect to differences between the genders

A next of kin in criminal procedure is defined in article 115 § 11 od Penal Code. According to this regulation a next of kin is a spouse, an ascendant, descendant, brother or sister, relative by marriage in the same line or degree, a person being in an adopted relation, as well as his spouse, […]

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Affiliation – part I – an action to establish paternity

Affiliation – part I – an action to establish paternity

Establishment of paternity may occur in judicial proceeding by submitting an action to establish paternity or by acknowledgment of paternity. Cases regarding affiliation are in the district court’s jurisdiction and are proceeded in the separate mode – the issues of the relations between parents and children.

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Inheritance law – part V – Division of succession assets part. II

Inheritance law – part V – Division of succession assets part. II

Division of succession assets is regulated by Chapter IX Section IV of the Second Book of the Civil Procedure Code and consequently should lead to the liquidation of co-ownership, which by its nature should be a transitional state. Division proceedings In the petition for a division the petitioner should name the decision on confirmation of […]

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Inheritance law – part IV – division of succession assets part I

Inheritance law – part IV – division of succession assets part I

The division of succession assets can occur on the basis of an agreement between all of the heirs, or on the basis of court ruling, issued on the demand made by any heir. In the event when the real estate is a part of the succession, the agreement on the division shall be made in […]

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