Liability for inherited debts in Polish law
In deciding whether to accept an inheritance, either where there is no will or on the basis of a will, it is worth remembering that a successor who inherits an estate assumes rights, as well as liabilities of a deceased existing at the moment of death.
Seller's representations and warranties
The significance of representations and warranties by the seller in transactions involving the sale of shares
Jan Ciećwierz: "Peace through strength" is good business policy
An interview with Jan Ciećwierz, a partner at Wardyński & Partners who co-heads the Dispute Resolution & Arbitration practice, about the need to secure trade receivables.
Sale of real estate under threat of execution
A debtor can be guilty of hindering enforcement of a court order even when the order does not exist yet.
Things to bear in mind when retaining title to goods sold
A seller may secure payment of the purchase price by reserving title to goods in the sale agreement, even if the goods are delivered to the buyer. Reservation of title must be made in writing with a certified date.
Where there's a will there's a way
The Notarial Register of Wills, recently rolled out by Poland’s National Council of Notaries, makes it easier for creditors to locate a will and establish the legal successors of a deceased debtor.
European order for payment
Anna Zielińska from the Dispute Resolution and Arbitration practice group at Wardyński & Partners explains how to pursue undisputed monetary claims against foreign debtors.
Release of registered pledge by the pledgee as grounds for lapse of pledge
A registered pledge lapses when the pledgee submits a statement releasing the pledge, explains Dr Jarosław Grykiel from the Transactions group at Wardyński & Partners. Deletion of the pledge from the register is merely a declarative act.
Stronger position of creditors
It may be possible to obtain quicker, cheaper payment of debts secured by a bank guarantee, insurance guarantee, bank letter of credit or bank surety.
Better to file petition to enforce claim before the debtor is declared bankrupt
Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.
