litigation

The owner does not always have to pay the holder for improvements to property

An interesting ruling was issued in a case we were handling. After the independent possessor of real estate turned the property over to the owner, it demanded payment for the expenditures it had made on the property, including construction of a building on the site. But does construction always raise the value of the property?

Rulings by Chinese courts more and more common in cross-border disputes

As the People’s Republic of China becomes an increasingly stronger player on the international scene, it is no surprise that rulings by Chinese courts are being issued more frequently in disputes arising out commercial cooperation with Chinese counterparties. This phenomenon will only grow in importance for European lawyers.

Change in rules for the investor’s joint and several liability in the construction process

A simplified procedure for notification of subcontractors, clarification of the rule on the investor’s objection to entrusting part of the work to a subcontractor, and limitation in the amount of the investor’s joint and several liability—all these changes are to go into effect on 1 June 2017.

Clause on choice of foreign law not always effective in consumer transactions

Traders offering goods and services online often provide in their general terms and conditions that contracts with consumers will be governed by the law of the country there the seller has its registered office. EU law basically allows such contracts, but the choice of law must not deprive the consumer of the protection afforded him by mandatory provisions of law which would have been applicable if the contract did not contain the choice of law clause.

Longer period for reopening civil proceedings

Under regulations in force from 15 February 2017, reopening of a civil proceeding ended in a legally final judgment can be sought within 10 years after the judgment became legally final. The previous regulations provided for a 5-year period for seeking reopening of proceedings.

It’s possible to defend effectively against contractual penalties

This is the conclusion flowing from a non-final judgment issued by the Poznań Regional Court on 2 February 2017 in a case involving one of the largest infrastructure projects in Poland, completed in December 2016.