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Important regulations: regulations for entering into contracts

Send Print Download added: Patrycja Operacz | 2017-05-09 13:38:51
invest in poland, doing business, important regulations, regulations for entering into contracts

Contracts in Poland are based on the rules of the parties’ autonomy.

This is the main regulation for contractual law in the Polish Civil Code. Contract law deals with promises which create legal rights and obligations. Polish law does not require the same consideration as common-law systems. In the Polish legal regime, all parties must agree the essential terms, including the price and the subject matter of the contract. Nevertheless, parties are used to have written agreements in order to avoid any future disputes and to protect their interests by searching for a ‘golden middle solution’. Contracts in Poland may also be made by the word of mouth. However, there are exceptions to this rule, such as real estate sales or the sale of shares in a company, which requires acting in front of the notary in public.

 

Other law sources

There are also several private international law regulations that have been ratified and remain applicable in Poland, e.g. the European Parliament and Council Regulation No 1215/2012 (Brussels I bis) on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters. The United Nations Convention on Contracts for the International Sale of Goods – CISG of 11th April 1980 and the New York Convention of 1974 on the Limitation Period in the International Sale of Goods.

 

Contracts between Polish and foreign companies are covered by the Act on International Private Law of 4th February 2011. However the Act, in regard to the law applicable, will most probably redirect the parties to international regulations that Poland ratified.

 

Contracts between Polish and foreign companies are covered by the Act on International Private Law of 12th November 1965. However the Act, in regard to the law applicable, will most probable redirect the parties to international regulation that Poland has ratified.

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Source: Polish Investment and Trade Agnecy, Poland your business Partner. Invest in Poland, 2016.