Disputes and restructuring
Articles on commercial disputes, pursuing claims, business restructuring and insolvency.
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REBUS SIC STANTIBUS vs COVID-19?
Article 357¹ of the Civil Code provides that where an extraordinary change in circumstances makes performance excessively difficult or threatens one party with a severe loss not foreseen when the contract was concluded, the court may, after considering…
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Restructuring law: an opportunity amid the challenges of an epidemic
Restructuring and insolvency obligations: material set in the pandemic context, corrected to distinguish loss of liquidity from the three-month presumption.
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Separate procedure for commercial cases
At the outset, the bill’s authors assume that participants in commercial dealings act professionally. They therefore require parties to follow a rigid procedural framework. This speeds up proceedings but also makes the outcome dependent on detailed knowledge of the rules governing commercial proceedings…
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Civil Procedure Code amendment: commercial proceedings return (1/2)
Separate proceedings in commercial cases are not new to Polish law. The former rules applied until 3 May 2012. Seven years after their repeal, the Polish legislature is returning to a separate procedure…
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Civil Procedure Code amendment: limits on deemed service
The civil procedure reform will introduce far-reaching changes, including the long-announced reform of service of statements of claim and other documents requiring recipients to defend their rights. The bill abandons the decades-old…
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Limitation: changes for new and existing claims
New rules on limitation of claims of a proprietary nature have applied since 9 July 2018. The main change is shorter limitation periods. Consumers and businesses are also treated differently.