Civil law is an area of law covering a broad spectrum of issues, from legal capacity, through contracts and obligations to inheritance law.

Below are issues of civil law, which most commonly appear with regard to business activities and also cases involving individuals

Contract Law

A contract is a source of rights and obligations between parties, it defines relationships between cooperating entities. Contractual binding provides legal security of transaction, which in turn is a solid foundation for further economic operations undertaken by entrepreneurs.

The content of the concluded agreement determines the capabilities of a given entrepreneur within the scope of the arrangement whereas the way the contract is performed affects the way the entrepreneur is perceived as a business partner. Thus it is even more important for the contracts concluded by your own company to reflect your will including objectives and expectations related to agreement. Advice on contract law can improve your economic turnover within your company and help to get a true competitive advantage.

Our firm will help you to conclude agreements that are both formally correct and consider your needs and interests in the best way possible. We will review the agreement, indicate and evaluate the risk related to specific contractual provisions as well as suggest additional provisions that benefit you the most.

Our firm can draft and evaluate a wide range of documents, including

  • all civil agreements: sales agreements, task-specific contracts, assignment agreements, lease and leasing agreements, etc.;
  • agreements related to running the company, such as contracts of employment, managerial contracts, agreements with board members and members of the supervisory board;
  • agreements for co-operation in trade and marketing, franchise agreements, distribution agreements, advertising contracts, sponsorship agreements, consortium agreements, factoring contracts, assignment of rights;
  • agreements related to intellectual property and copyright, including copyright transfer and license agreements;
  • agreements within the scope of banking law, including: loan agreements, bank guarantee agreements, contracts for accounts and deposits, acquisition contracts, broker agreements.

 

Real estate

Real estate – land, buildings and premises – is one of the most important, if not the most important component of assets, both for individuals and enterprises. Both trading, and the very ownership of property is connected to numerous legal aspects, which an appropriate understanding of contributes significantly to the management of the real estate. Often it will also reduce costs related to its ownership or possession. Furthermore investments carried out efficiently, will result in tangible gains for the company, as an erected structure can quickly benefit the investor.

In our office we assist property owners in creating models of property management which are tax efficient, legally secure and organizationally efficient. We also carry out all administrative and court proceedings related to investment processes, as well as representing clients before the authorities and courts in cases of public law contributions related to property.

Our lawyers provide assistance in numerous property – related issues:

  • we institute and carry out proceedings aimed at part recovery of property tax; we advise you on accounting matters including tax depreciation;
  • we draft and provide opinion on agreements for the release for perpetual usufruct, we advise with regards to the rights and obligations of the usufructuary and we represent our clients in matters of termination of payment for perpetual usufruct;
  • we provide advice on the issues of joint ownership, we effectively handle proceedings for repossession of a property or its part, abolishment of joint ownership, as well as a return of payments and benefits related to property;
  • we offer comprehensive legal advice regarding joint property management, for the benefit of co-owners, the management, and housing communities of housing associations;
  • we represent our clients in matters of usucaption of property (i.e. when ownership of property is gained by possession of it beyond the lapse of a certain period of time);
  • we offer comprehensive legal assistance in matters of easement or mortgage including proceedings aimed at entry or deletion of encumbrances;
  • we effectively handle all proceedings related to the construction process such as changing the status of the plot, division of the plots, obtaining building permission and authorization to use;
  • we formulate and evaluate developer agreements and agreements of separation of premises, we also effectively handle court proceedings separating the premises;
  • we offer comprehensive legal assistance in matters of expropriation and remuneration for expropriation and we represent clients in court;
  • we draft and evaluate all agreements related to properties, such as sale, donation, lease, hire, lending, perpetuity, construction works contracts.

 

Infringement of personality rights

Personality rights are understood as non material values related to the personality of every individual, which are generally recognized by society as requiring special protection.

Among these values there are:

  • health;
  • freedom;
  • honor;
  • freedom of conscience;
  • privacy;
  • name and pseudonym;
  • image;
  • secrecy of correspondence;
  • remembrance for the dead ;
  • scientific, artistic invention and rationalization work.

It needs to be stressed, that personal, as well as legal means of protection apply to both individuals as well as legal entities including commercial law companies. The law protects those persons before a breach of essential goods, in particular against the dissemination of false information on their activities, which can act against the renown of the company.

Recently, public awareness related to the protection of personality rights has grown substantially and disputes related to it often enter other areas of law, in particular those connected to mass media, such as newspapers, or television.

As part of our assistance, we offer the following services:

  • we identify infringements of personality rights and indicate appropriate legal measures dealing with the infringements;
  • we develop the most beneficial strategy of action against infringements of personality rights considering specificity of the protection of the given right;
  • we offer comprehensive legal advice in the area of civil and criminal law, as well as the specific areas of the law (e.g. press and copyright law) that enhance the protection of personality rights;
  • we present our client's position and claims in disputes with opposite parties;
  • we represent our clients in all court proceedings related to the protection of personality rights.

 

Compensation and damages in conjunction with an accident

Each person who suffered loss or harm has the right to appropriate compensation. At the same time, it often happens that individuals or entities responsible for the coverage of losses or compensation, evade responsibility or grossly understate paid compensation or damages.

With the appropriate support given, one is far more likely to receive compensation, which corresponds to the level of harm or injury.

Our lawyers carry out proceedings aimed at obtaining the appropriate compensation. In particular we represent our clients in negotiations with the entity responsible, as well as in all proceedings, including court, which provide our clients with the adequate compensation and damages.

As part of our activities, we offer the following services:

  • we identify entities responsible, the degree of the loss and on behalf of our clients we carry out the claim settlement process before the insurance company;
  • we effectively carry out court proceedings aimed at a ruling for compensation for injury, moral loss, or the death of next of kin;
  • we effectively carry out court proceedings aimed at ruling pension for the loss of the ability to work, increase of needs, and reduction of future prospects e.g. as a result of a disability;
  • we effectively carry out court proceedings aimed at a ruling for compensation for material losses such as damage to a car or costs related to treatment;
  • we represent our clients in all court proceedings.

 

The partner responsible for civil law and inheritance is legal counsel Michał Kłodawski