| In Principle

An optional ground for exclusion from procurement proceedings, breach of an earlier public contract, is limited to three years after occurrence of the event that is basis for the exclusion. But a problem arising in practice is which event should be considered when calculating the three-year period. Termination of the contract by the contractor? Repudiation of the contract by the contracting authority? Or perhaps entry of a judgment for damages for breach of the earlier contract? The answer can be found in the ruling by the National Appeal Chamber of 26 August 2020 (case no. KIO 1781/20).

A creditor has a chance to obtain satisfaction through a fraudulent transfer claim even if the debtor disposed of its assets before the claim arose. The intention to injure future creditors is demonstrated by the foreseeability of insolvency, and thus the debtor’s expectation of becoming insolvent with respect to potential creditors.

The Act on Acquisition of Real Estate by Foreigners of 24 March 1920, which has been in force in Poland continuously for over 100 years, greatly limits the acquisition of real estate in Poland by foreigners, by requiring them to obtain prior consent from the Minister of Interior and Administration. Conclusion of a real estate acquisition agreement without a required permit is subject to the most severe sanction, resulting in invalidity of the transaction. However, the act permits certain departures from the strict requirement of ministerial consent.

It will soon be 10 months since the United Kingdom withdrew from the European Union. Although Brexit has formally already occurred, the real-life consequences are barely noticeable. But the transition period in force since the beginning of February 2020 is inexorably coming to an end, and it appears less and less likely that before it expires at the end of 2020 the parties will manage to reach an agreement governing the future relations between the UK and the EU.

It is looking increasingly likely that an agreement governing relations between the UK and the EU after 31 December 2020 will not be reached in time. This could cause some legal turbulence.

The Brexit transition period is coming to an end. Whether or not it is still possible for the UK and the EU to reach a new trade agreement, many businesses operating on both sides can expect a number of uncertainties and challenges. Fortunately, one of the issues that will remain stable is the choice of law in contracts. Here Brexit will result in only technical changes.

A hard Brexit would leave choice of law rules largely intact, but remove the UK from convenient EU procedures for recognition and enforcement of judgments.

The EU provides tools for efficient police and judicial cooperation in criminal matters. But those instruments may no longer be available to the authorities if there is a hard Brexit.

The UK ceased to be a member state of the EU on 31 January 2020, and EU law will cease to apply to the UK when the transition period expires on 31 December 2020. This means that from 1 January 2021, the Dual-Use Regulation will not apply to the UK.

On 31 January 2020, the UK ceased to be a member state of the EU, and since then has not participated in EU decision-making processes or the work of EU institutions. The transition period provided for in the Brexit withdrawal agreement ends on 31 December 2020. Until then, all EU rules (with some exceptions not related to family law) still apply to the UK, as they do to EU member states. But how will divorce, maintenance, child and parental authority issues look from the start of 2021?

The transition period during which UK nationals are generally treated under EU law as citizens of other member states expires on 31 December 2020. This raises more and more questions and doubts about the legality of stay of UK citizens and their family members, both those already residing in Poland and those still planning their arrival.

Employment contract, contract of mandate, or sole proprietorship (individual business activity): these are the most common forms of cooperation with individuals in Poland. In this article, we explain the tax and social insurance burdens for individuals working under an employment contract and contract of mandate. In the next article, we will discuss different forms of business income taxation.