The contemporary market of antique auctions is developing dynamically, which is influenced by online platforms, the growth of collecting and the development of the art market. Online auctions attract collectors and investors, but they also raise legal and tax problems related to the interpretation of VAT and the protection of copyright. Various items – from books to letters and manuscripts – are subject to different regulations, which introduces inconsistency in taxation, e.g. book publications have reduced VAT, and historical documents are taxed differently, which creates difficulties for auctioneers and buyers.
Another problem is fees, such as the hammer fee, added to the price and including VAT, while the lack of consistent rules for its calculation complicates the process. Speculative auctions are also a specific issue, which can lead to tax abuse. The aim of the analysis is to discuss key legal and tax issues on the antique auction market, indicate differences in taxation and challenges related to the hammer fee and speculative auctions, and also propose unification of regulations for greater transparency and consistency of regulations.
Poland, according to current data, is one of the fastest growing economies in Central and Eastern Europe. For years, it has attracted the attention of investors from all over the world. Its strategic geographical location, as well as membership in the European Union and the dynamically developing internal market make it an attractive place to invest your capital. However, the success of the investment depends not only on macroeconomic factors, but also on the legal and tax framework, which is the foundation for conducting business activity.
The aim of this article is to analyse the attractiveness of investing in Poland from a legal and tax perspective. It will discuss key legal aspects, such as the stability of the legal system and investor protection, as well as the tax system, including income taxes and available reliefs and incentives. Particular attention is also paid to the role of Special Economic Zones (SEZ) and the advantages that Poland offers compared to other countries.
When it comes to online sale, some sellers do not allow personal collection of goods. Instead, the consumer is forced to use the services of a courier.
To understand the meaning of such a requirement, it is necessary to look at the definition of a distance selling contract in individual legal acts.
General legal nature of sales
Contracts in the law of obligations can be divided into two types – named and unnamed contracts. Named contracts are contracts that have been listed in the specific part of the code. These contracts are dominant in private law relations. Therefore, the legislator decided to include special provisions concerning them in the code, in order to better ensure the protection of the interests of the party and the security of trade. Unnamed contracts, on the other hand, are those that have not been listed in the specific part of the Civil Code, so they will depend only on the general principles of obligations and, above all, the will of the parties.
Poland is a country that can boast a rich history and culture, and in the world we stand out above all for two works of art that are considered to be museum objects of the “zero” class. The first is the Gothic Veit Stoss Altar in the St. Mary’s Church in Kraków, and the second is the Renaissance portrait of Leonardo da Vinci “Lady with an Ermine”. These works, although created at a similar time, constitute two different faces of art – sacred and secular – and at the same time symbols of Polish cultural heritage. My presentation today will be devoted to the exceptional Czartoryski collection which this painting is a part of. I would like to draw particular attention to the specific legal situation of this art collection, which for decades has stirred controversy both in Poland and abroad.
Civil law is a set of norms concerning private law relationships that permeate the economic life of every society. Civil law consists of, on the one hand, absolutely binding norms that apply regardless of the situation, which means that there is no possibility of legally circumventing them, and on the other hand, relatively binding norms, the application of which can be excluded by means of an appropriate contractual clause or provision of a model contract. In addition, there are certain general principles of civil law that give meaning to individual norms.
What happens when these principles conflict? Resolving such a case requires a complex analysis. Recently, such an analysis was carried out by our lawyers’ team in the context of the cap-on liability clause known to Common Law legal systems, which limits ex contractu liability for damages to the amount accepted by the parties to the contract. Is it possible to translate it into a Polish law contract? How does it relate to the principle of freedom of contract and the principles of liability for damages? What does contractual liability look like in Polish law and how far can the parties to the contract go in modifying it? In this entry, we share with you our answer to this question based on the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 2024, item 1061, as amended; hereinafter referred to as the Civil Code or CC) and other legal acts.
