Whether we are dealing with an employment contract or a services contractis determined not by its name, but by the features of the relationship between the parties. The problem arises when the legal relationship exhibits features specific to both relationships. How then to qualify the legal basis of employment?
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 bailiff […]
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 profit transfer […]
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 the borrowers. Today we present […]
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.
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.
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 […]
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 960/18) is announced. […]
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 as illegal, for […]
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 the bank which, in the […]