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07/31/2021

Rental safe for the lender

Many landlords struggle with dishonest tenants. Court procedures leading to an eviction order are lengthy. How can property owners better look after own sake? Particular protection applies especially to tenants of premises intended for residential purposes and covers, inter alia, prohibition of eviction in winter and entitlement to social housing, which is the responsibility of the municipality. The […]

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06/22/2021

Groups of companies in the Commercial Companies Code

One of the key last proposals of changes to the Commercial Companies Code is the introduction of the holding law (groups of companies). What will the parent company be now entitled to? The existing regulations of the Commercial Companies Code referred only to contractual holdings – when the parent company and the subsidiary entered into a management or […]

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05/08/2021

THE BALANCE THEORY – SETTLEMENTS BETWEEN PARTIES OF THE CHF LOAN

As soon as a CHF loan agreement is declared invalid, the problem of mutual settlements between the borrower and the bank arises. Courts adjudicate on the mutual obligations of the parties according to the balance theory or the two-conditional theory. The fact which of them will become the basis for the settlement is of great importance for […]

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04/22/2021

PRECAUTIONARY MEASURES IN A COURTCASE CONCERNING A CHF LOAN

The more difficult situation of the banking sector and the established jurisprudence regarding the invalidity of Swiss franc contracts make the courts more willing to agree to borrowers’ applications and suspend the repayment of loan installments for the duration of the process.

It may take several years for your case to be resolved legally. The precautionary measures make it possible to suspend the loan repayment obligation for the duration of the court proceedings.

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02/19/2021

BREAKTHROUGH RESOLUTION OF THE SUPREME COURT ON CHF LOANS

The chances of CHF loan borrowers for favorable settlements of court disputes with banks are growing day by day. Although last year was favorable for borrowers – everything indicates that it can be even better! The Supreme Court took a position on the side of the borrowers on an important issue, which is mutual settlement between the parties in the event of the annulment of the loan agreement. So far, there have been no unified views among judges on it.

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11/05/2020

GDPR CLIENTS LIST

LIST OF COMPANIES FOR WHICH OUR LAW OFFICE HAS IMPLEMENTED GENERAL DATA PROTECTION REGULATION (GDPR): IT INDUSTRY, INTERACTIVE AGENCIES: empressia REAL ESTATE: Property & Homes sp. z o.o. TRAINING: DT Institute PRODUCTION: Poligrafia Janusz Nowak sp. z o.o. INTERNET SERVICES: dopoznania.pl Hausengel International Polska sp. z o.o. sp.k. IMPLEMENTATION OF TECHNOLOGY: Bruker Polska sp. z o.o. RHL Service Sefar […]

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11/05/2020

CAN I BENEFIT FLAT RATE TAXATION WHEN RENTING SEVERAL PROPERTIES?

We raised this issue some time ago. The possibility of taking advantage of the milder taxation of 8.5%, described at the time, was not so obvious, and the regulations governing this issue were still interpreted in various ways. This situation may change after the judgment of the Supreme Administrative Court of August 13, 2020 (II FSK […]

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11/02/2020

More cases of Swiss Frank loans in courts

For a long time, we have been more and more intensively dealing with what we already started in February 2015 – i.e. cases regarding Swiss franc loans. Already 5 years ago, we concluded a settlement, which reduced the debt of our clients by 20,000 CHF. Lawsuits for recognition of clauses of loan agreements indexed to Swiss francs and denominated in Swiss francs […]

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11/02/2020

Swiss Franc loans: can the bank request the refund of the loan?

SWISS FRANC LOANS: CAN THE BANK REQUEST THE REFUND OF THE LOAN? Until now, the jurisprudence of the Courts on this issue has appeared to be cautious. Recently, however, more and more serious considerations have emerged as to what may happen after a possible agreement is declared invalid. District Court in Białystok (I ACa 447/17) dismissed the claim of […]

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