General information
For the purpose of our terminology, we consider as a Non-commercial Entity each entity that does not pursuits an economic activity.
Our offer for non-commercial entities consist in particular of:
- continuous legal advising;
- preparation of legal expertises and opinions;
- preparation and providing opinions on contracts, letters and other documents;
- external representation before the courts, authorities and other parties.
In the non-commercial sector the following matters belong to the most actual:
- public procurement,
- real-estate investment
- compensation trials/insurances
- consumer protection
- labour law
- mediation in dispute resolution
- receivables collection
- inheritance
We also cooperate with attorneys specialised in a criminal defence, so that we can offer to our Clients a full-scope of legal assistance.
Public procurement
Our advisory includes the principles of contracting according to the public procurement law. We advice the ordering party on entire process of granting procurements, that is from the moment of creation of SIWZ, through preparation of drafts of agreements and publication of announcements regarding these proceedings, up to eventual representation in the dispute resolution before the Public Procurement Office.
Real-estate investments
The decision on flat, land or house purchase is one of the most important Clients’ life decision. It involves usually a conclusion of credit agreement, financing the purchase and an establishment of a mortgage on the real-estate.
We have noticed several essential mistakes made by the buyers. The legal meaning of preliminary agreements is often underestimated although these agreements determine actually permanent conditions of transaction. The legal status of a real-estate is often not examined, mentions in land and mortgage registers are omitted or necessity of seller’s obligation to transfer the ownership right free from any encumbrances is underrated. As regards the subject – the flat, parties often notice no difference between the ownership of premises and the title to a cooperative flat.
While concluding the preliminary agreement the clients often assumes credit obligations purchasing – as said colloquially – “a hole in ground” that should be changed into their ideal home by the developer within few months. Taking such a risk shall be preceded by analysis of market’s economic situation and developer’s financial status.
Legal services rendered by us help to understand and estimate the risk connected with planned transaction and consequently enable our Clients to make intentional decisions.
Compensations trials / insurances
Your damage may result from diverse circumstances: car accident, theft, fire, breach of agreement, infringement of copyrights and others. A legal assistance seems often necessary for ensuring a due and timely coverage of the damage.
The sufferer requires a special attention particularly if the other party has a professional legal assistance on its disposal.
We represent our Clients successfully in negotiations both with entities liable for damage and with insurance companies.
Consumer protection
While buying in the store we’re rarely aware to become subject of special consumer’s rights and obligations.
When buying beyond the store, e.g. via internet, under determined conditions we have right to withdraw from agreement within 10 days from the day of receiving the goods. The similar rules are applied to certain consumer credits.
We are asked often:
- May I return the defective product to the seller?
- When is the seller entitled to reject our claims?
- How is the consumer protected while buying goods per internet?
Such questions inclined us to extend our offer to that field.
Labour law
The employee traditionally is treated as a “weaker” party of the employment relationship. Although a good-trusted and learned employee becomes more and more valuable, his/her rights are not always guaranteed in full scope. Therefore in Polish law an employee is provided with a range scope of measures of legal protection before breaching of his/hers right interests.
We are often asked:
- Am I entitled to the extra salary for the overtime work?
- Could the employer sack me without any reason?
- Was it fair to refuse me a jubilee award?
- Am I entitled to compensation because of my obligation not to engage in any competitive activity?
Our experience in employers’ advising we use with success in the representation of the other, weaker party of the relationship.
Mediation in dispute resolution
Although, the great number of disputes can be resolved amicably, the parties often are not able to find such a resolution independently. It is a consequence of several factors. Frequently, our real interests are not expressed properly, the will to resolve the dispute is covered with emotions connected with a difference of opinion and we also are unable to judge the situation objectively. Even being professional, it is difficult to be a good advisor in one’s own business.
Mediation corresponds to such needs – private, secret, informal negotiation of parties with the participation of independent mediator. The mediator does not represent any party, he is an organiser and moderator of conversations who supports the process of defining their real interests and reaching a consensus.
Especially significant are consequences of mediation. The settlement concluded due to this procedure, after the court confirms it, is as legally valid as the settlement concluded before the court. The refusal of performance of the confirmed settlement can directly cause issuing the enforcement clause.
Performing the function of mediator is one of the elements of our law firm’s offer.
Receivables collection
The refusal of due payment can happen irrespective of who owes us and for what claim.
The involvement of our law firm in negotiations with a debtor is a clear announcement that in the near future a creditor is determined to bring the case to the court and the court enforcement officer. The professional legal advisor is both a negotiator and a organiser of receivables collection. His advice often enables to save the time and costs of reaching result intended by a creditor.
We encourage also our Clients to decide on mediation proceedings carried out by our lawyers.
Inheritance
Differently than in the Far East cultures, in European culture the man’s death is kind of “taboo” subject. Usually, not only we are not prepared to it, but also we avoid bringing up this issue.
Our property will belong to someone someday. We encourage our Clients to decide by themselves on who that person will be.
It is worth knowing how to establish and amend our last will or how to dis-inherit relatives to whom we do not intend to give our property. Law of inheritance allows us to make legacies which enable for example to ensure a continuation of proper care for persons that we support or even for our beloved pets.
As regards the law of inheritance our responsibility is not only to advice but also to help in disputes resolutions that might occur both during indication of persons entitled to the inheritance and during division of the inheritance between entitled persons.