Contracts
in the polish Civil Code
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An
agreement
the
contract of sale
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parties
the
seller
the buyer
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A
definition
Under the
contract of sale, the seller shall assume the obligation to
transfer to the buyer the ownership of a thing and to release to
the thing to him, while the buyer shall assume the obligation to
collect the thing and to pay the seller the price.
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Time of
limitation period
The
claims arising from a sale made within the scope of the activity
of the seller's enterprise, the claims of those who run
agricultural farms arising from the sale of agricultural and
forest produce shall be barred by limitation after lapse of two
years.
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A form |
the
contract of exchange
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By the
contract of exchange, either party shall assume the obligation to
transfer to the other party the ownership of a thing in exchange
for the other party's obligation to transfer the ownership of
another thing.
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the
contract of delivery
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the
deliverer
the
receiver
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By a
contract of delivery, the deliverer shall assume the obligation
to produce things designated only as to their kind and to deliver
them in parts or periodically, and the receiver shall assume the
obligation to receive those things and to pay the price.
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The
contract of delivery shall be ratified in writing.
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the
contract of delivery of precontracted agricultural produce
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the
agricultural producer
the
contractor
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By a
contract of delivery of precontracted agricultural produce, the
agricultural producer shall assume the obligation to produce and
to deliver to the contractor a specified amount of agricultural
produce of a definite kind, and the contractor shall assume the
obligation to receive that produce at agreed date, to pay the
agreed price, and to make the specified additional performance if
the contract or separate provisions provide for a duty to make
such performance.
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The
mutual claims of the producer and the contractor shall be subject
to limitation of two years from the day of the producer's
performance, and if his performance was not effected, from the
day on which it should have been effected. If the producer's
performance was being effected in parts, the time of the
limitation period shall run from the day on which the last
partial performance was effected.
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The
contract of delivery of precontracted agricultural produce shall
be drawn up in writing.
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the
contract of specific work
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the
person accepting the order
the
orderer
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As a
result of a cotract of specific work, the person accepting the
order shall assume the obligation to make a specified work, and
the orderer, to pay the remuneration to him.
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The
claims resulting from the cotract of a specific work shall be
barred by limitation of two years from the day of the completion
of the work and if the work has not been completed, from the day
on which it had to be completed in accordance with the contract.
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Construction
works contract
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the
contractor
the
investor
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By a
construction works contract, the contractor shall assume the
obligation to complete the object specified in the contract,
erected in accordance with the plan and the priciples of
technology and the investor shall assume the obligation to
perform the acts required by the relevant provisions and
connected with the preparation of the construction work, in
particular to provide the biulding site and the plan, as well as
to accept the object and to pay the remuneration agreed upon.
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the
contract of lease
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the
lessor
the
lessee
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By the
contract of lease, the lessor assumes the obligation to give the
lessee a thing for use for a specified or unspecified time, and
the lessee assumes the obligation to pay the lessor the agreed
rent.
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The
lessor's claims against the lessee for the repair of the damage
die to the impairment or deterioration of thing, as well as the
lessee's claims against the lessor for the return of the outlays
on the thing or the reimbursement of the overpaid rent shall be
barred by limitation of one year from the return of the thing.
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The
contract of lease of an immovable property or permises for a
period longer than one year shall be concluded in writing. In
ther case of non-observance of that form the contract shall be
deemed to have been concluded for indefinite time.
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the
contract of tenancy
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the
landlord
the
tenant
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By
contract of tenancy, the landlord shall assume the obligation to
give that thing to the tenant for use and the collection of
fruits for definite or indefinite time, and the tenant shall
assume the obligation to pay to the landlord the rent agreed
upon.
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the
contract of leasing
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the
financing party
the user
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By the
contract of leasing, the financing party shall assume the
obligation to acqiure, within the scope of activities of his
enterprise. A thing form a designated transferor, on conditions
specified in the contract, and to give that thing to the user for
use or for use and for collection of fruits for a definite period
of time, and the user shall assume the obligation to pay the
financing party, in agreed instalments, the pecuniary
remuneration for the acquisition of that thing by the financing
party.
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The
contract of leasing must be concluded in the written form, under
pain of nullity.
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the
contract of lending for use
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the
lender
the
borrower
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By a
contract of lending for use, the lender shall assume the
obligations to allow the borrower, for a specified or unspecified
time, to use gratuitously a thing given to him for that purpose.
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The
lender's claim against the borrower of the thing for use to
redress the damage or the deterioration of the thing as well as
the borrower's claims against the lender for the return of the
outlays on the thing and the redresas of the damage resulting
from the defects of the thing shall be barred by limitation after
the lapse of one year from the day on which the thing was
returned.
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the
contract of loan
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the
lender
the
borrower
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By a
contract of loan, the lender shall assume the obligation to
transfer to the borrower the ownership of a specified sum of
money or a specified amount of things designated only as to their
kind, and the borrower shall assume the obligation to return the
same sum of money or the same amount ot things of the same kind
and the same quality.
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The
claims of the borrower for the delivery of the object of the loan
shall be barred by limitation after a lapse of six months from
the time when that object had to be released.
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The
contract of loan whose value exceeds five hundred zlotys shall be
ratified in writing.
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the
contract of bank account
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the bank
the bank
account holder
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By a
contract of bank account, the bank shall assume the obligations
with respect to the bank account holder, for definite or
indefinite time, to keep his cash means and to carry out, upon
his order, the financial settlements if it is provided for in
contract.
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The
claims resulting from the relationship of bank account shall be
barred by limitation after a lapse of two years. This shall not
apply to claims for the return of saving deposits.
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the
contract of mandate
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the
mandatary
the
mandator
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By the
contract of mandate, the manadatary shall assume the obligation
to perform a definite act in law for the manadtor.
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The
period of limitation of two years shall apply to:
1. Claims
for the remuneration for the acts performed and for the
reimbursement of expenses which are the right of persons who
permanently or within the scope of the activity of an enterprise
are engaged in acts of a given kind; the same shall apply to
claims for the advance payments given to such person,
2. claims
resulting from maintenance nursing upbringing or teaching if
these are rights of persons professionally engaged in such
activities or persons who run institutions for such purpose.
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the
contract of agency
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the
person accepting the mandate ( agent )
the
principal
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By the
contract of agency the person accepting the manadate ( agent )
shall assume the obligation to mediate permanently, within the
scope of the activities of his enterprise, against remuneration
in concluding contracts with clients for the benefit of the
entrpreneur being the pricipal or in concluding such contracts in
the principal's name.
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the
contract of commission
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the
mandatary ( the commission agent )
the
principal
( the
commissioning party )
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By a
contract of commission, the mandatary ( the commission agent )
shall assume the obligation, against remuneration ( commission )
and within the scope of the activity of his enterprise, to buy or
sell movables on the account of the pricipal ( the commissioning
party ) but in his own name.
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the
contract of carriage
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the
carrier
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By a
contract of carriage, the carrier shall assume the obligation,
within the scope of the activity of his enterprise, to carry
persons or thing against remuneration.
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Claims
resulting from the contract of carriage of persons shall be
barred by limitation of one year from the day of carriage, and if
the carriage was not performed, from the day on which it was to
be performed. The claims resulting from the contract of carriage
of things shall be barred by limitation of one year from the day
of the delivery of the shipment, and in the case of the entire
loss of the shipment or a delay in its delivery, from the day on
which it was to be delivered.
Claims of
the carrier against other carriers who participated in the
carriage of the shipment shall be barred by limitation of six
months from the day on which the carrier redressed the damage or
the day on which an action was brought against him.
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the
contract of forwarding
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the
forwarding agent
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By the
contract of forwarding, the forwarding agent shall assume the
obligation, against remuneration within the scope of the activity
of his enterprise,
to
forward or to receive a shipment or to perform other services
connected with its carriage.
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The
claims resulting from the contract of forwarding shall be barred
by lmitation of one year. The time of limitation period shall
begin to run: in case of the claims resulting from the damage or
decrement of the shipment, from the day on the deliver of the
shipment, in case of the entire loss of the shipment or its being
delivered with a delay, from the day on which the shipment was to
be delivered, in all other cases, from the day of the performance
of the mandate. The forwarding agent claims against the carriers
and other forwarding agents whom he used in the carriage of the
shipment shall be barred by limitaion of six months from the day
when the forwarding agent redressed the damage or from the day
when an action was brought against him. This provision shall
apply accordingly to the claims among the persons whom the
forwarding agent used in the carriage of the shipment.
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the
contract of insurance
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the
insurance establishment
the
insurance
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By the
contract of insurance, the insurance establishment shall assume
the obligation to effect the specified performance in the case of
the occurrence of the accident provided for in the contract, and
the insurance taker shall assume the obligation to pay the
premium.
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The
claims resulting from the contract of insurance shall be bared by
limitation of three years. In the case of civil liability
insurance, the claim of the person injured against the insurance
establishment for idemnity or compensation shall be barred by
limitation after a lapse of a period envisaged for such a claim
by the provisons on liability for a damage caused by a tort or
resulting from the non-performance or an improrer performance of
an obligation. The time of limitation period of the claim for
performance against the insurance establishment shall cease to
run also by filing that claim with the insurance establishment or
by reporting the accident covered by the contract of insurance.
The time of the limitation period shall begin anew from the day
on which the party reporting the claims or the accident was
noticed by a written declaration of the insurance establishment
according or refusing the performance.
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the
contract of safe-keeping
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the
keeper
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By the
contract of safe-keeping, the keeper shall asume the obligation
to keep in an undeterionated condition the moveable thing given
to him for safe-keeping.
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the
contract of storage
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the
storage entrepreneur
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By the
contract of storage, the storage entrepreneur shall assume the
obligation to keep the movables defind in the contract against
remuneration.
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The
claims resulting from the contract of storage shall be barred by
limitation of one year.
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Deed of
partnership
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the
partners
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By the
deed of partnership the partners shall undertake to promote the
attainment of a common economic objective by acting in a
specified manner and, in particular, by making contributions.
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The deed
of partnership shall be made in writing.
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the
contract of suretyship
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the
surety
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By the
contracts of suretyship, the surety shall undertake to perform an
obligation with respect to the creditor where the creditor fails
to perform it.
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The
declaration by the surety must be made in writing under pain of
nullity.
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the
contract of donation
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the donor
the
benefit
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By the
contract of donation the donor shall assume the obligation to
make a gratuitous performance for the benefit of the donee at the
expense of his property.
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The
termination of a contract of donation cannot be demanded after
the lapse of two years from its performance.
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The
donor's declaration shall be made in the form of a notarial deed.
However , a contract of donation concluded without the observance
of that form shall become valid if the promised performance has
been effected.
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the
contract of pension
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By the
contract of pension one of the parties shall assume with respect
to the other party the obligation to make periodical performances
in money or in things designated only as to their kind.
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A
contract of pension shall be ascertained in writing.
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the
contract of anniuty
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the
annuitant
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If, in
exchange for the transfer of the ownership on an imovable
property, the acquirer has assumed the obligation to provide the
transferor with means of subsistence for life ( contract of
annuity ), he shall barring a contract to the contrary, accept
the transferor as a member of his household and provide him with
food, clothing, accommodation, light and fuel, ensure him the
proper help and care in illness, and give him, at his own
expense, a furneral in accordance with the local customs.
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The
recognition of the contract of annuity as in effective cannot be
demanded after the lapse of five years from the date of the
contract.
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settlement
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By the
settlement, the parties shall make mutual concessions within the
scope of a legal relationship between them in order to eliminate
uncertainly as to the claims resulting from that relationship. Or
to secure their performance or in order to evade an existing or
potential dispute.
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public
promise
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Whoever
by a public announcement has promised a reward for the
performance of a particular act shall be obliged to keep the
promise.
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Witam wszystkich serdecznie na mojej stronie. Zapraszam do zapoznawania się z moimi wpisami i pobierania wzorów pism procesowych, umów. Uprzejmie proszę o zwrócenie uwagi na fakt, że ta strona dedykowana jest osobom, które chcą zasięgnąć informacji tudzież pomóc samym sobie i nie stanowi mojego portfolio ani zbioru mojego dorobku.
wtorek, 31 lipca 2012
Contracts in the polish Civil Code
A comparision of agreements included in the polish Civil Code.
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