The amendment to the Polish Code of Civil Procedure was passed by
the Parliament on July 4, 2019. It is currently awaiting the President’s
signature. The draft amendment to the Code of Civil Procedure provides for
numerous changes to the current form of civil procedure, especially when it
comes to regulations concerning entrepreneurs. The new law, created at the
initiative of the Ministry of Justice, is to restore separate proceedings in
commercial cases, removed from the Code in 2012. The draft provides for the
introduction of a new section entitled “Proceedings in commercial
cases”. It is to deal with civil matters between entrepreneurs in the
scope of their business activity.
The first change
introduced by this amendment will be the so-called preparatory proceedings –
obligatory and less formal meetings taking place outside the courtroom to
resolve the dispute at an early stage. Their aim is to get the parties to
reconciliation and settlement, and the court chairman has the task of pointing
out to the parties the ways and effects of the out-of-court resolution of the
dispute. These meetings should be considered an attempt to introduce the idea
of arbitration to the Polish civil procedure.
In April
2019 in Poland there has entered into force the Act on the submission of
certain official documents in member states of the European Union. This Act is
to ensure the application in Poland of the Regulation (EU) 2016/1191 of the
European Parliament and of the Council of 6 July 2016 on promoting the free
movement of citizens by simplifying the requirements for presenting certain
public documents in the European Union, including by abolishing the requirement
of legalization and apostille. The documents that qualify to this simplified
procedure are, among others:
Private Client desk of KIELTYKA GLADKOWSKI LEGAL (ranked as Leading Law firm in Private Client sector by the Legal500 EMEA for the consecutive years) has developed its legal services for HNW individuals and their businesses as well as Next Gen Wealth on the Polish market, particularly in cross border cases.
We are now a proud member of Private Client Community of the project ThoughtLeaders4 Private Client.
ThoughtLeaders4 is a platform for professionals in the Private Client desk sector for panel sessions and networking events.
As a part of KIELTYKA GLADKOWSKI networking in ThoughtLeaders4 Private Client Community we plan to provide legal advice in wealth management; succession planning; investments across different asset classes; legal support in creating trust funds and tax optimization, as well as advice and support on business and corporate structuring.
The article describes in details the cross-border case of parental abduction handled by KG Legal Kiełtyka Gładkowski. It also includes an expert comment made by the founding partner, Jakub Gładkowski: “As a rule, under the Hague Convention, the court should order the return of the child to the country from which he or she came, in order to restore the original state from before the departure, so that the competent court of the country from which the child left, could settle all the parental matters regarding the family in its competent jurisdiction. However, there are two exceptions to this rule according to art. 13 of the Hague Convention, namely the case when the remaining parent did not exercise parental authority over the abducted child or when the child return would pose a grave risk for the child (mental or physical) or would otherwise place the child in an unbearable situation”.
