Law Firm in Warsaw — Attorneys & Legal Advisors

The scope of services includes in particular:

legalization of residence of foreigners by obtaining a permanent residence permit, temporary residence, residence for humanitarian reasons, tolerated stay, residence of a long-term resident of the European Community, as well as issuance of a residence card,

assistance in obtaining refugee status,

assistance in obtaining Polish citizenship,

issues concerning the return procedure,

counselling on establishing and conducting business activity in the territory of the Republic of Poland, including drafting contracts,

issues related to obtaining a work permit,

providing legal advice.

As part of our services we provide:

representation in proceedings before public administration authorities - including the Governor, the Office for Foreigners, the Head of Foreigners' Affairs, the Commander of the Border Guard Post - in proceedings before administrative courts and common courts, also in appeal proceedings,

drafting and submitting the relevant applications, documentation and pleadings necessary to effectively obtain the relevant permits.

2. POINT 1. PERMANENT RESIDENCE

A permanent residence permit shall be granted to a foreigner for an indefinite period of time, upon his/her application, if:

is a child of a foreigner who has been granted a permanent residence permit or a long-term resident's EU residence permit remaining under his/her parental authority:

born after a permanent residence permit or an EU long-term resident's residence permit was granted to that foreigner, or

born during the period of validity of a temporary residence permit granted to that foreigner or during the period of that foreigner's residence on the territory of the Republic of Poland on the basis of a residence permit for humanitarian reasons or a permit for tolerated stay or in connection with the granting of refugee status or subsidiary protection, or,is a child of a Polish citizen remaining under his/her parental authority, or

is a person of Polish origin and intends to settle permanently on the territory of the Republic of Poland, or

is married, as recognised by the law of the Republic of Poland, to a Polish citizen and remained in that marriage for at least 3 years before the day on which he/she applied for a permanent residence permit, and immediately before submitting the application he/she resided continuously on the territory of the Republic of Poland for at least 2 years on the basis of a temporary residence permit granted in relation to his/her marriage to that Polish citizen or in relation to the acquisition of refugee status, subsidiary protection or a humanitarian residence permit, or

a residence permit for humanitarian reasons, or,

is a victim of trafficking in human beings within the meaning of Article 115 § 22 of the Penal Code and:

resided on the territory of the Republic of Poland immediately prior to the submission of an application for a permanent residence permit for a period of not less than 1 year on the basis of a temporary residence permit for victims of trafficking in human beings,

has cooperated with law enforcement authorities in criminal proceedings for an offence referred to in Article 189a § 1 of the Penal Code,

has a well-founded fear of returning to his or her country of origin, orimmediately prior to the submission of his/her application for a permanent residence permit,

has continuously resided on the territory of the Republic of Poland for a period of no less than:

5 years on the basis of being granted refugee status, subsidiary protection or on the basis of a residence permit for humanitarian reasons, or

10 years on the basis of a tolerated stay permit granted pursuant to Article 351(1) or (3), or

4 years on the basis of a temporary residence and work permit granted for a purpose referred to in Article 114(1a), and has a source of stable and regular income sufficient to cover his/her subsistence expenses and the subsistence expenses of his/her dependent family members, or

he/she has been granted asylum on the territory of the Republic of Poland, or

has a valid Card of the Pole and intends to settle permanently in the territory of the Republic of Poland.
The scope of our Law Firm's activity includes carrying out for our clients the entire procedure for legalising a foreigner's stay in Poland.
The scope of our services includes preparation of an appropriate application for issuance of a decision permitting permanent residence in Poland and issuance of a residence card, as well as representation of clients at the voivodship office.

The process of legalisation of stay ends with the issuance of an appropriate administrative decision by the voivod and collection of a permanent residence card for the foreigner.

The consequence of issuing a permanent residence permit for a foreigner is the possibility of legal work in Poland and the possibility to travel to other Schengen countries.

The permanent residence permit in Poland is valid for an indefinite period of time for a foreigner, however the requirement to periodically replace the permanent residence card - every 10 years - should be remembered. Together with a valid passport, the residence card in Poland confirms the identity of the foreigner and his/her legal stay in Poland and enables free crossing of the border of the Polish state, as well as travelling in other Schengen countries without the need to obtain a visa. If the residence card for a foreigner is destroyed or the data in it is changed, an application for a new card should be submitted within 14 days after the reasons for its replacement arise. It should be noted that although the validity of a permanent residence permit is not subject to any time limit, it may be revoked if there are statutory grounds for such a decision.

The permanent residence card makes it possible to take up employment without an additional permit and facilitates any actions before the Polish authorities; it is also a pass to pursue higher education at Polish universities.

POINT 2. TEMPORARY RESIDENCE

The Office, on behalf of its clients, carries out all the activities necessary to legalise a foreigner's temporary stay in Poland - including the preparation and submission of an application together with the necessary documentation - and also represents the foreigner in the proceedings before the competent authority. The temporary residence card is issued to the Office's client after the relevant administrative decision of the voivod is issued.

A temporary residence card may be issued due to specific circumstances: due to respect for the right to family life and respect for the rights of the child,

for reasons of employment, including highly qualified employment,

for the purpose of carrying out an economic activity,

may be granted to persons pursuing higher education, scientific research or vocational training,

is granted to persons married to a Polish citizen or wishing to reunite with their family,

due to another reason justifying their stay in Poland for more than 3 months.

Based on our extensive experience, we assist in obtaining the following types of permits:

permanent residence permit,

temporary residence permit,

the temporary residence and work permit,

work permit.

Temporary residence card in Poland

The temporary residence card in Poland entitles to legal stay and movement within the territorial borders of the Republic of Poland. The temporary residence card does not always allow a foreigner to start working in Poland. A foreigner may apply separately for a work permit for a foreigner, but it is also possible to apply for a residence permit and a work permit together.

Also employers can ask the Office for assistance in obtaining for their employee a work permit for foreigners and a document such as a temporary residence card for foreigners. A work permit for a foreigner is issued by the provincial governor.

Temporary residence permit

On the basis of the regulations of the Act on foreigners, a temporary residence permit in Poland may be obtained by a foreigner if all the requirements stipulated by the law with regard to the declared purpose of stay are met, and the circumstances which constitute the basis for applying for this permit justify the foreigner's stay on the territory of Poland for a period longer than 3 months. A temporary residence permit is granted for a period not exceeding 3 years. The Act on foreigners regulates the legal grounds (purpose of stay) for a foreigner's application for a temporary residence permit on the territory of the Republic of Poland (temporary residence card), which include, inter alia, residence for the purpose of seeking employment, performance of work, taking up studies or family reunion.

POINT 3. RESIDENCE FOR HUMANITARIAN REASONS

A foreigner shall be granted a permit to stay on humanitarian grounds on the territory of the Republic of Poland if an obligation to return:

can only take place to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950:

his right to life, liberty and security of person would be threatened or

he or she would be subjected to torture or to inhuman or degrading treatment or punishment, or

could be forced to work, or

could be deprived of his or her right to a fair trial or be punished without legal basis, or

would violate his or her right to family or private life, as defined in the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, or

would violate the rights of the child, as set out in the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989, to an extent that would significantly endanger the child's psychophysical development.

It is within the scope of the Law Firm's services to carry out all actions necessary to obtain a humanitarian residence permit, including, inter alia, contacting all state offices, preparing the required documentation, filing relevant applications and legal letters.

POINT 4. TOLERATED STAY

In order to obtain a permit for tolerated stay, the foreigner must demonstrate that an obligation to return

can only be made to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950:

his right to life, liberty and security of person would be threatened or

he or she would be subjected to torture or to inhuman or degrading treatment or punishment, or

he or she could be forced to work, or

could be deprived of their right to a fair trial or be punished without legal basis,

is unenforceable for reasons beyond the control of the authority competent for the forced execution of the decision on the alien's return and the alien, or

can only be taken to a country to which his/her surrender is inadmissible pursuant to a court decision or due to a decision of the Minister of Justice on the refusal to surrender the foreigner.

The scope of the Office's services includes performance of all activities necessary to obtain a permit for tolerated stay, which includes, inter alia, contacting all state offices, preparing the required documentation, filing relevant applications and legal letters.

POINT 5. LONG-TERM RESIDENT OF THE EUROPEAN UNION

A permit shall be granted to a foreigner if he/she resides in the territory of the Republic of Poland legally and continuously for at least 5 years and fulfils the following conditions jointly:

has a source of stable and regular income sufficient to cover his/her subsistence expenses and the subsistence expenses of his/her dependent family members for a period of at least 3 years of residence in Poland immediately prior to submitting the application,

he/she has health insurance or a confirmation of coverage by an insurer of the costs of treatment in the territory of the Republic of Poland.

In such a case - on behalf of our clients - we carry out all activities necessary to obtain a tolerated stay permit, including contacting all government offices, preparing the required documentation, filing relevant applications and legal letters.

POINT 6. REFUGEE STATUS

A foreigner is granted refugee status if, as a result of a well-founded fear of persecution in his/her country of origin on account of race, religion, nationality, political opinion or membership of a particular social group, he/she is unable or unwilling to avail himself/herself of the protection of that country. Persecution may consist in particular of:

the use of physical or psychological violence, including sexual violence,

the application of legal, administrative, police, or judicial measures in a discriminatory manner or of a discriminatory nature,

the initiation or conduct of criminal proceedings or punishment in a disproportionate or discriminatory manner,

lack of a right of appeal to a court against a penalty which is disproportionate or celebratory,

the initiation or conduct of criminal proceedings or punishment for refusal to perform military service during a conflict, where performing military service would constitute a crime or acts contrary to international law,

acts directed against persons on the basis of their sex or minority.

Persecution must:

constitute, by their very nature or repetition, a severe violation of human rights, in particular the rights whose abrogation is inadmissible pursuant to Article 15(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms, or

be an accumulation of various acts or omissions, including those which constitute violations of human rights, which have an impact equivalent to that of the persecution referred to in the previous point.

POINT 7. VISA

Schengen visa or national visa

A national visa entitles the holder to enter the territory of the Republic of Poland and stay therein continuously or to several consecutive stays therein for a total period not exceeding 90 days during the visa's period of validity.

A Schengen or national visa may be issued for one of the following purposes:

tourism,

to visit family or friends,

participation in sporting events,

carrying out a business activity,

carrying out work, for a period not exceeding 6 months in the consecutive 12 months, on the basis of a registered statement on entrusting work to a foreigner,

5a) performance of seasonal work for a period not exceeding 9 months in a calendar year,

carrying out work other than that referred to in points 5 and 5a,

carrying out cultural activities or attending conferences,

carrying out official tasks by representatives of a body of a foreign country or an international organisation,

pursuing first-cycle studies, second-cycle studies or unified master's or third-cycle studies,

vocational training,

education or training in a form other than those specified in points 9 or 10,

teaching,

carrying out scientific research or development work,

transit,

air transit,

medical treatment,

to join or stay with a citizen of another Member State of the European Union, a Member State of the European Free Trade Association (EFTA) - a party to the Agreement on the European Economic Area or the Swiss Confederation,

participation in a cultural or educational exchange programme, humanitarian aid programme or holiday work programme,

18a) arrival on the territory of the Republic of Poland as a member of the repatriate's immediate family,

19a) arrive on the territory of the Republic of Poland as a member of the immediate family of a person residing in Poland on the basis of a permanent residence permit obtained on the basis of the Card of the Pole,

exercising rights resulting from the Card of the Pole,

repatriation,

use of temporary protection,

arrival for humanitarian reasons, due to the interest of the state or due to international obligations,

execution of a temporary residence permit for the purpose of family reunion,

24a) implementation of a temporary residence permit for the purpose of intra-corporate transfer,

other than those referred to in points 1-24a, which justifies the foreigner's entry into Poland.

It should be mentioned here that the period of validity of a national visa commences no later than 3 months from the date of its issue and does not exceed 1 year.

POINT 8 SUBSIDIARY PROTECTION

A foreigner who does not meet the conditions for refugee status is granted subsidiary protection.

This is the case when return to his/her country of origin may expose him/her to a real risk of suffering serious harm by:

the imposition of the death penalty or execution,

torture, inhuman or degrading treatment or punishment,

a serious and individual threat to life or health arising from the widespread use of violence against civilians in situations of international or internal armed conflict

- and is unable or unwilling to avail himself or herself of the protection of the country of origin because of that risk.

POINT 9 ASYLUM

Asylum is one of the forms of protection granted by the Polish State to a foreigner staying on the territory of our country. A foreigner may be granted asylum in the Republic of Poland upon his/her application. Asylum is granted when it is necessary to provide protection to a foreigner and when an important interest of the Republic of Poland so requires.

The decision on granting and depriving of asylum is issued by the Head of the Office for Foreigners and requires the consent of the minister in charge of foreign affairs.

PT. 10 POLISH CITIZENSHIP

The rules, procedure and conditions of acquiring Polish citizenship are laid down in the Act of 2 April 2009 on Polish citizenship. The Act provides for two ways of acquiring Polish citizenship by a foreigner.

presidential mode

Citizenship is granted by virtue of a decision of the President, who has full freedom in making decisions in this respect and is not constrained by any statutory prerequisites. This is, in fact, one of his prerogatives under the Constitution of the Republic of Poland.

Grant of citizenship by the voivode competent for the foreigner's place of residence

In this case, citizenship may be sought by foreigners who fulfil at least one of the conditions set out in the Act on Polish Citizenship:

foreigners foreigners residing continuously on the territory of the Republic of Poland for at least 3 years on the basis of a permanent residence permit, a residence permit for a long-term European Union resident or the right of permanent residence, who have a stable and regular source of income in the Republic of Poland and the legal title to occupy a dwelling,

foreigners residing continuously on the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit, a residence permit for a long-term European Union resident or the right of permanent residence, who:

have been married for at least 3 years to a Polish citizen, or

do not have any citizenship;

foreigners residing continuously on the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit obtained in connection with having a refugee status granted in the Republic of Poland,

alien minors residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term EU resident or on the basis of the right of permanent residence, one of whose parents is a Polish citizen and the other parent who is not a Polish citizen has agreed to this recognition,

minor foreigners residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term EU resident or the right of permanent residence, whose Polish citizenship has been restored to at least one of their parents, and whose other parent who does not have Polish citizenship has agreed to this recognition,

foreigners residing continuously and legally on the territory of the Republic of Poland for at least 10 years, who meet jointly the following conditions:

have a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence,

they have a stable and regular source of income in the Republic of Poland and the legal title to occupy residential premises,

foreigners residing continuously on the territory of the Republic of Poland for at least one year on the basis of a permanent residence permit obtained in connection with Polish ancestry or a Pole's Card held.

It should be emphasised that as a rule, a foreigner is obliged to have the knowledge of the Polish language confirmed by an official certification at a language proficiency level of at least B1, a certificate of graduation from a school in the Republic of Poland or a certificate of graduation from a school abroad with Polish as the language of instruction.

The scope of the Law Firm's services in this type of cases includes, among others, representation of the interested person in the proceedings on confirmation of citizenship before provincial offices or obtaining relevant documentation necessary for the purposeful and effective settlement of the case.

POINT 11. KARTA POLAKA

The Card of the Pole is a document stating belonging to the Polish Nation. The Card of the Pole is issued to a person who jointly fulfils the following four conditions:

demonstrates his/her connection to Polishness by at least a basic knowledge of the Polish language, which he/she considers to be his/her mother tongue, and knowledge and cultivation of Polish traditions and customs,

in the presence of a consul of the Republic of Poland or a voivode, submits a written declaration of his/her affiliation to the Polish Nation,

demonstrates that he or she is of Polish nationality or at least one of his or her parents or grandparents or two great-grandparents were of Polish nationality, or presents a certificate from a Polish or Polish-American organization confirming active involvement in activities for the benefit of the Polish language and culture or for the benefit of the Polish national minority for at least the last three years,

will submit a declaration that she or her ascendants did not repatriate or were not repatriated from the territory of the Republic of Poland or the People's Republic of Poland on the basis of repatriation agreements concluded in the years 1944-1957.

It should be emphasised that the Card of the Pole may only be granted to a person who does not have Polish citizenship or a permanent residence permit in the territory of the Republic of Poland. Additionally, it may be granted only to a person who, on the day of submitting an application for the Card of the Pole, is a citizen of:

Republic of Armenia,

the Republic of Azerbaijan

the Republic of Belarus

the Republic of Estonia

Georgia

the Republic of Kazakhstan

the Kyrgyz Republic

the Republic of Lithuania

the Republic of Latvia

the Republic of Moldova

the Russian Federation

the Republic of Tajikistan

Turkmenistan,

Ukraine,

Republic of Uzbekistan,

or having a stateless status in one of these countries.

Documents demonstrating belonging to the Polish Nation may be, in particular:

Polish identity documents

marital status certificates or their copies, baptismal certificates, school certificates or other documents confirming a connection with Polish identity

documents confirming military service in Polish military formations,

documents confirming the fact of deportation or imprisonment, containing an entry stating Polish origin,

documents confirming the fact of deportation or imprisonment, containing a note informing about Polish origins,

foreign identity cards containing information on Polish nationality of their holder,

a certificate from a Polish or Polish-American organization operating on the territory of one of the countries referred to in art. 2 sec. 2, confirming active involvement in activities promoting Polish language and culture or Polish national minority,

a valid decision on the determination of Polish origin, issued in accordance with the provisions of the Act on Repatriation.

With the Card of the Pole it is possible, inter alia, to: take up employment or conduct economic activity on the territory of Poland on the same principles as Polish citizens. It is also possible to benefit from various forms of education, take up and pursue higher education and doctoral studies, take part in scientific research and development. The Act also provides for an entitlement in the form of receiving assistance from a consul in a situation of threat to life and safety, receiving health care services in emergencies and the possibility of obtaining discounts on public transport.

The granting of the Card of the Pole does not imply the acquisition of Polish citizenship or confirmation of Polish origin, nor does it constitute a document entitling to cross the border or to settle on the territory of the Republic of Poland. The legal remedy for a foreigner who intends to settle in Poland after obtaining the Card of the Pole is to apply for a permanent residence permit.

In addition, the holder of the Card of the Pole is granted the right to apply - within 3 months from the moment of filing the application for a permanent residence permit - for a financial benefit for himself and for the members of his immediate family residing with him in Poland. Such a benefit may be granted for up to 9 months.

After one year from the date of obtaining a permanent residence permit on the territory of Poland, a foreigner may apply to a voivode for recognition as a Polish citizen.

Civil law, as a branch of law regulating relations between private law subjects, is of major importance in the practical application of the law. The law firm offers comprehensive services in the field of, among others:

legal advice,

issuing written and oral opinions and analyses,

drafting, providing opinions and negotiating contracts,

collection of civil law debts,

conducting civil law cases before competent authorities.

The scope of our activity includes, in particular, cases concerning contract law, property law, law of succession, claims for damages and compensation, claims for payment, infringement of personal rights.

1. COMPENSATION AND REDRESS CASES

The scope of specialisation of our Law Firm includes comprehensive services in compensation cases. We assist in obtaining compensation from, among others, contractors, insurers, the State Treasury, municipalities, districts, provinces, and other entities. Depending on the needs of our clients, we provide legal advice and also draw up lawsuits for the payment of compensation for property damage and compensation for the harm suffered. Our services include representation of clients in court proceedings for compensation and damages, in conciliation hearings, mediation proceedings and at the stage of enforcement proceedings conducted by a bailiff on the basis of a court writ of execution.

POINT 2. CASES FOR PAYMENT OF DEBTS - DEBT RECOVERY

Depending on the circumstances of a particular case, the Law Firm deals with the representation of both individual clients and entrepreneurs in court proceedings in cases for the payment of debts. The scope of services rendered includes, inter alia, issuing a request to the debtor to pay the disputed amount due to the client within a specified deadline, under pain of referring the case to court. If the deadline for voluntary payment of the amount due expires without effect, the Law Firm prepares and files a claim for payment with the court. Depending on the manner in which the case is heard, after obtaining a final judgment or order for payment, we also represent clients at the stage of enforcement proceedings conducted by a bailiff.

3. MATTERS RELATING TO IMMOVABLE PROPERTY

Cases concerning protection of property ownership

The subject of the Law Firm's activity also includes cases related to vindication and negation protection of real property. We provide legal services in the area of determining the legal status of real estate, court proceedings concerning ownership and division of real estate, acquisitive prescription and processes for reconciliation of the content of the land and mortgage register with the actual legal status.

Real estate contracts

The law firm provides services with regard to securing the interests of clients in the conclusion of real estate contracts, e.g:

sale,

perpetual usufruct,

lease

lease,

agency agreements.

At the request of our clients, we offer assistance in drafting, reviewing and negotiating contracts related to the use of real estate.

PT. 4. DRAFTING AND PROVIDING OPINIONS ON CIVIL LAW CONTRACTS

At the request of our clients, we offer assistance in drafting and providing opinions on draft civil law agreements and business contracts. The law firm drafts all agreements regulated by the Civil Code as well as civil law unnamed contracts.

PCT. 5 CASES FOR THE PROTECTION OF INFRINGED POSSESSION

We provide services in cases related to the protection of infringed possession. We prepare pleadings in the case in question and initiate court proceedings for the restoration of the infringed possession and prohibition of further infringements in the future. The scope of services also includes representation, not only at the stage of court proceedings, but also at the stage of enforcement proceedings.

POINT 6. PROTECTION OF PERSONAL RIGHTS

The law firm provides comprehensive legal assistance in cases involving unlawful interference with the sphere of respect for personal rights. The services in question include - depending on the specifics of the case - professional assistance in taking the following legal remedies:

action for an injunction,

actions for determination,

actions to remedy the infringement,

monetary compensation or payment to a social purpose,

general damages.

Definition of personal rights

The concept of 'personal property' is so firmly anchored in the Polish legal order that it can be found in various normative acts. It should be noted that in none of them, the legislator decided to provide a legal definition, and the burden of specifying what the personal goods are and the effort to derive a general formula belonging to them was shifted to the representatives of science and judicature.

On this ground, the view has been developed that personal goods are: 'values of a non-pecuniary nature, associated with the personality of a human being, generally recognised in society'. On the basis of this position, it is acknowledged that in order to grant civil law protection on account of the infringement or threat to personal rights, it is necessary for a specific object to possess essential features allowing it to be qualified as personal rights. The most important prerequisites include: close connection of the protected good with the subject it serves, inalienability, non-transferability, non-inheritability, non-material nature, validity erga omnes and being subject to legal regulation.

Catalogue of personal goods

Pursuant to the wording of Article 23 of the Civil Code, 'personal goods of a human being, such as, in particular, health, freedom, honour, freedom of conscience, surname or alias, image, secrecy of correspondence, inviolability of the dwelling, scientific, artistic, inventive and rationalisation creativity, remain under the protection of civil law irrespective of the protection provided by other regulations'. The use of the phrase 'as in particular' by the legislator in the content of the norm of Article 23 of the Civil Code, clearly indicating the exemplary character of the statutory enumeration, which must lead to the conclusion that there is no closed catalogue of personal goods in the Polish legal order. It follows that with the changes occurring in social relations, new personal goods may appear and those previously subject to legal protection may disappear. This is dictated not only by the continuous evolution of national and supranational legislation - and consequently the activities of the judiciary - but also by the increasing appreciation of the human person.

In the light of this position, there should be no doubt as to the status of a personal good for, inter alia, such values as bodily integrity, sexual integrity, the right to privacy, the undisturbed enjoyment of one's home, and the right to a grave.

Conditions of protection in the case of personal property

Under the Polish legal order, personal goods take the form of subjective absolute rights, i.e. rights imposing a general obligation to behave in a specific manner. Transferring the above onto the ground of personal goods, Article 24 of the Civil Code imposes an effective erga omnes obligation to respect the rights of the entitled person, including a sanctioned prohibition of unlawful interference in the sphere of the protected person's rights, which enables the broadest possible protection to be extended to the beneficiaries of personal goods, thus enabling them to exercise their rights to the fullest extent possible.

In other words, Polish law grants 'total' protection, protecting against every infringer, which cannot be equated with protection against every infringement. For the latter must meet the feature of unlawfulness, i.e. the behaviour of the person infringing into the sphere of personal rights has to be in contradiction with the legal order, which includes the binding legal regulations and the principles of social co-existence. It should be pointed out that the unlawfulness of the infringement of personal rights under the legal order is presumed, i.e. the burden of proof that the interference is not unlawful rests on the person committing the infringement.

SECTION 7. COPYRIGHT

The scope of application of the Copyright Act is very broad, for according to the statutory definition of a work: 'the object of copyright is any manifestation of creative activity of an individual character, in any form, irrespective of its purpose and manner of expression'.

The law firm provides legal services in the field of economic copyright, moral copyright and related rights.

Economic copyrights vest in the author, providing him with the exclusive right to use and dispose of the work in all fields of exploitation and to remuneration for the use of the work. Economic copyrights are tradable, transferable and inheritable.

Personal copyrights protect the author's relationship with a work, which is unlimited in time and not subject to waiver or sale, and include the right to the authorship of the work, to mark the work with one's own name or a pseudonym or to make it available anonymously, to the inviolability of the content and form of the work and its reliable use, to decide on the first disclosure of the work to the public and to supervise the use of the work.

Related rights include the artistic performance of a work or a work of folk art, the right to use a phonogram or videogram, the rights to broadcasts, first editions and scientific editions.

Within the scope of providing legal assistance in the field of copyright law, the Law Firm in particular:

assists in drafting, negotiating, analysing contracts concerning economic copyright and related rights,

provides legal advice on the protection of author's moral rights

drafts and provides opinions on civil law contracts in the area of copyright,

we represent Clients in disputes concerning infringement of copyright and related rights, in cases for compensation and damages for unlawful infringement of copyright, for payment of remuneration and issuance of benefits for non-contractual use of somebody else's work, and we represent Clients in claims for cessation of actions that may infringe copyright and completion of actions required to remove the effects of copyright infringement.

POINT 8. CASES OF SO-CALLED USURIOUS LOANS

Our Law Firm has extensive experience in handling cases related to the phenomenon of so-called 'usurious loans'. The indicated cases most frequently concern persons in a difficult financial situation, in need of a quick cash payout without the need to first verify their credit history - which would most often not allow for taking out a monetary commitment in a bank - or bypassing long formalised procedures related to obtaining a loan. The consequences of such commitments are extremely detrimental to the borrower - from disproportionately high interest rates to the loss of the property used as security for repayment - as dishonest lenders take advantage of the forced position or ignorance of their counterparties by deliberately misinforming them as to the content of their representations and the actual legal consequences thereof.

In order to assert one's rights, it is possible to initiate criminal proceedings - under Article 304 of the Code of Criminal Procedure. - as well as civil proceedings. The Polish Civil Code provides that if one of the parties - by exploiting the other party's forced position, infirmity or inexperience - accepts or reserves for itself or for a third party a benefit whose value at the time of the conclusion of the contract exceeds to a gross degree the value of its own benefit, it is possible to demand a reduction of the benefit or an increase of the benefit due. There is also a claim for rescission of the contract where the aforementioned would be excessively difficult.

Another remedy available to the aggrieved party is the possibility of rescinding the legal effects of the declaration of intent.

Depending on the factual circumstances, it is possible to invoke:

deceit on the part of the lender,

a mistake concerning the terms of the contract to be concluded (which, if it had been known in advance, would not have led to a statement of this content, i.e. to a contract with usurious effect),

the circumstances under which the contract was concluded, affecting the degree of awareness or freedom of decision and expression (e.g. acting under severe stress caused by a difficult financial situation).

Due to the complexity of this type of case, it is advisable to make an appointment at our office. The services in question are provided by Us pro bono, and the consultation is free of charge.

Administrative-law matters are also among the Firm's areas of specialisation. We represent clients from Warsaw and across Poland in proceedings before public and local-government authorities at every stage — from the first submission in the case, through the appeal, up to a complaint before the administrative court. Administrative law governs the relationship between the citizen or entrepreneur and the State, which is why the outcome of an entire case often depends on the quality of the pleadings and on observing procedural deadlines.

We provide our clients with comprehensive services, including:

• legal advice and analysis of the legal situation before proceedings are initiated,
• obtaining permits, authorisations, concessions and licences,
• representation in proceedings before government and local-government administrative authorities,
• conducting proceedings before the Voivodeship Administrative Courts and the Supreme Administrative Court,
• drafting pleadings, motions, appeals and complaints,
• preparing legal opinions, analyses and advice in the field of administrative law and public economic law.

The two-instance nature of administrative proceedings

As a rule, administrative proceedings are conducted in two instances. A decision of the first-instance authority may be appealed; under the Code of Administrative Procedure the appeal is usually lodged within 14 days of the decision being served. Meeting this deadline is crucial — exceeding it generally means the decision becomes final. We help assess the merits of a challenge, formulate the grounds correctly and file the appeal on time.

Complaint to the Voivodeship and Supreme Administrative Court

If a final administrative decision breaches the law, it may be challenged before the Voivodeship Administrative Court. The complaint is filed through the authority whose action is being challenged, within 30 days of service of the decision. An unfavourable judgment of the Voivodeship Administrative Court may be challenged by a cassation complaint to the Supreme Administrative Court, which must be drafted by a professional attorney. We represent clients at both stages of administrative-court proceedings.

The cases we most often handle

We support individuals and entrepreneurs in matters concerning, among others, zoning and building permits, environmental decisions, concessions and regulated-activity authorisations, as well as rulings of local-government authorities. The legalisation of foreigners' residence and work is also decided in administrative proceedings — if your case concerns residence in Poland, see also our offer for foreigners.

Support for entrepreneurs and administrative enforcement

We serve entrepreneurs in matters of public economic law — in proceedings for granting, amending or withdrawing concessions, authorisations and entries in registers of regulated activity, as well as in disputes with supervisory authorities. We also represent clients in administrative enforcement proceedings, including raising objections to enforcement and filing motions to suspend enforcement actions. We ensure that the authorities' actions remain within the limits of the law and that the obligations imposed on the client reflect the actual state of the case.

How we work together

We begin by analysing the documents and establishing the procedural deadlines, which in administrative cases cannot be restored without good cause. We then prepare a strategy, draft the necessary pleadings and represent the client before the authority or the court. We keep clients informed about the progress of the case and explain the meaning of each ruling. We provide consultations in eight languages, so foreigners living and doing business in Warsaw also benefit from our help.

The firm handles all types of family cases, including:

divorce and separation cases,

determining parental authority over a joint minor child,

deprivation or limitation of parental authority,

concerning the regulation of contact with children,

establishing maintenance for a child or a spouse, or in special cases for another family member,

relating to agreements regulating the property regime,

on the division of joint property.

PCT. 1. DIVORCES

The range of services provided by the Law Office includes, among others:

drafting divorce petitions and other pleadings, including appeals against decisions in the case,

representation of parties in divorce proceedings before the courts of both instances,

participation in mediation and negotiation of the case,

provision of legal advice and consultation.

Divorce may be pronounced when there has been a complete and permanent dissolution of matrimonial life, i.e. there is no longer an emotional, physical and economic bond between the spouses. If the indicated grounds are not proven, the court will dismiss the petition for divorce and the marriage will continue. However, even if the statutory grounds for dissolution of marriage are met, the court will not pronounce a divorce if it would be against the welfare of minor children of the parties or if the principles of social co-existence speak against it. In a divorce judgment, the court also decides on fault in the dissolution of marriage, which has serious implications also from a legal point of view, as a spouse found guilty may be charged with the obligation to pay maintenance to the other spouse, even if the other spouse is in a good financial situation. Another consequence of a finding of fault is the possible failure to grant a divorce. If only one spouse is found guilty and he or she applies for divorce, and the other spouse does not agree to the divorce, the court will not dissolve the marriage unless there are special grounds in the case.

When deciding on the dissolution of marriage, the court also regulates the situation of the parties' minor children by deciding on parental authority, maintenance and contact with the parents. The court may also regulate the use of the common property of the parties and even, in exceptional circumstances, order the eviction of one of the spouses. It is also possible to include in the judgment a request for the division of joint property.

POINT 2. SEPARATION

If there has been a complete breakdown of marital relations but the spouses do not wish to divorce, they may request a separation. Its effects are the same as those of divorce with the difference that during separation a new marriage cannot be concluded. As a result of separation, matrimonial community of property ceases and a child born during separation will not be recognised as a child of the mother's husband. The effect of a declaration of separation is also the inability to claim a reserved share from a deceased spouse and exclusion from the statutory circle of inheritance.

If the relationship between the separated spouses improves, at their unanimous request, the Court shall, by way of non-court procedure, annul the separation, thereby terminating its effects.

POINT 3. MAINTENANCE

The maintenance obligation is the duty to provide current means of subsistence to persons who cannot support themselves. This obligation does not only apply to parents and children. Maintenance may be claimed by a child from the father, mother or both parents, but also by a grandchild from a grandparent and a grandparent from a grandchild or by siblings (including step-siblings). Alimony can be paid by a separated spouse to the other spouse, but also by one ex-spouse to the other if he or she has been found guilty of marital breakdown.

The amount of alimony most often, but not always, depends on legitimate needs on the one hand and earning capacity and assets on the other. In addition, the standard of living of the parties concerned is taken into account. The judgment determining the amount of alimony may be subject to change. If there is a change in circumstances after the judgment, for example if the child's needs increase, an increase or a reduction or a total cancellation of maintenance may be requested.

POINT 4. DIVISION OF PROPERTY

Divorce results in the cessation of community of property and generally leads to the division of joint property. In principle, the division should be equal, but sometimes a share greater than that of the other spouse can be claimed. The division of property can take place during the divorce case, but only if the spouses have a ready, jointly agreed plan of division and make a joint, consensual request. In practice, such situations are very rare. In order to divide property after the cessation of marital community, it is necessary to make a separate application to the court, already after the divorce judgment has become final.

The Firm provides comprehensive legal assistance in the field of inheritance law. We help to organise the formalities relating to the acquisition of inheritance rights and the division of the estate. We also take action to protect heirs from acquiring an indebted inheritance.

The scope of our services includes in particular:

• providing legal advice in inheritance matters,
• drafting applications for a declaration of acquisition of inheritance and applying for a notarial deed of succession,
• preparing pleadings, including statements of claim and appeals,
• representing parties in court proceedings in inheritance matters,
• carrying out the out-of-court division of the estate.

POINT 1. DECLARATION OF ACQUISITION OF INHERITANCE AND DEED OF SUCCESSION

A declaration of acquisition of inheritance is the basic inheritance procedure, the purpose of which is to establish who has acquired the rights to the estate of a given testator. In essence, the court determines the circle of persons entitled to inherit the property of the deceased, which orders the legal situation following the death. It is a non-contentious procedure, initiated upon the application of an interested party.

As part of our services, the Firm:

• drafts the relevant pleading, i.e. the application for a declaration of acquisition of inheritance,
• after an initial consultation, establishes the circle of heirs — which may follow from statute, in which case the deceased's closest relatives inherit, or from a will, under which persons unrelated to the testator may also be called to inherit,
• establishes the basis of inheritance and what forms part of the estate,
• represents clients in the proceedings once initiated.

Our Firm also assists in confirming inheritance rights more quickly through the procedure of a notarial deed of succession. For this purpose we cooperate with trusted notarial offices.

POINT 2. RESERVED SHARE (ZACHOWEK)

The Firm handles matters relating to the reserved share. This institution protects persons omitted from the testator's will who belong to the statutory circle of heirs. We help our clients to establish the circle of entitled persons — the testator's descendants, parents and spouse — and to obtain the financial compensation due to them from those who acquired the estate by virtue of the will, a specific bequest or a gift. The relatives indicated above are entitled to claim from the heirs one half of the inheritance share that would have fallen to them on intestate succession, while entitled persons who are minors or permanently unable to work — the equivalent of two thirds of that share.

It should be noted that the right to claim a reserved share does not apply to relatives disinherited by the testator or to those who renounced inheritance by an agreement concluded with the testator in the form of a notarial deed.

Unlike the declaration of acquisition of inheritance, pursuing a reserved share takes place in contentious proceedings, where the entitled person is the claimant and the person from whom payment is sought is the defendant. Claims for a reserved share become time-barred after five years from the announcement of the will, so the lawsuit must be brought before the court within this time limit.

POINT 3. DIVISION OF THE ESTATE

A declaration of acquisition of inheritance only establishes the circle of heirs and the size of their shares; it does not divide the specific assets. This is the purpose of the division of the estate, by which individual items — real property, vehicles, funds in bank accounts or shares in companies — are allotted to particular heirs. The division can be carried out by agreement, where the heirs are in accord, or by the court, where agreement is not possible. The Firm prepares draft settlements, represents parties in negotiations and in court proceedings for division of the estate, and advises on mutual repayments and additional payments between heirs.

POINT 4. ACCEPTANCE OR REJECTION OF THE INHERITANCE

An inheritance consists not only of assets but also of the deceased's debts, which makes the decision on how to accept it important. A declaration accepting or rejecting the inheritance may be made within six months of the day on which the heir learned of the title to their inheritance. Failure to make a declaration within this period generally means acceptance of the inheritance with the benefit of inventory, that is, with liability for debts limited to the value of the estate's assets. We help assess the state of the estate, file the appropriate declaration on time and — where the inheritance is encumbered with debts — protect the interests of the heirs, including minors.

When to seek help

It is best to consult an inheritance lawyer as early as possible, especially where the deadlines for rejecting an inheritance or pursuing a reserved share are involved, as these cannot be extended. The sooner we establish the legal and factual situation of the case, the more effectively we can protect your rights. The Firm handles inheritance matters in Warsaw and throughout Poland, and offers consultations in eight languages.