wtorek, 31 lipca 2012

Contracts in the polish Civil Code

A comparision of agreements included in the polish Civil Code.

Contracts in the polish Civil Code

An agreement

the contract of sale

parties

the seller
the buyer

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.

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.


A form
the contract of exchange


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.




the contract of delivery
the deliverer
the receiver
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.


The contract of delivery shall be ratified in writing.

the contract of delivery of precontracted agricultural produce

the agricultural producer
the contractor

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.

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.

The contract of delivery of precontracted agricultural produce shall be drawn up in writing.
the contract of specific work
the person accepting the order
the orderer
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.
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.




Construction works contract


the contractor
the investor


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.




the contract of lease
the lessor
the lessee
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.
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.
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.

the contract of tenancy

the landlord
the tenant

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.




the contract of leasing
the financing party
the user
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.


The contract of leasing must be concluded in the written form, under pain of nullity.


the contract of lending for use


the lender
the borrower


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.


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.


the contract of loan
the lender
the borrower
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.
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.
The contract of loan whose value exceeds five hundred zlotys shall be ratified in writing.


the contract of bank account


the bank
the bank account holder


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.


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.


the contract of mandate
the mandatary
the mandator
By the contract of mandate, the manadatary shall assume the obligation to perform a definite act in law for the manadtor.
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.


the contract of agency
the person accepting the mandate ( agent )
the principal
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.




the contract of commission
the mandatary ( the commission agent )
the principal
( the commissioning party )
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.




the contract of carriage
the carrier
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.
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.



the contract of forwarding

the forwarding agent

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.

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.


the contract of insurance
the insurance establishment
the insurance
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.
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.


the contract of safe-keeping
the keeper
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.




the contract of storage
the storage entrepreneur
By the contract of storage, the storage entrepreneur shall assume the obligation to keep the movables defind in the contract against remuneration.
The claims resulting from the contract of storage shall be barred by limitation of one year.


Deed of partnership
the partners
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.


The deed of partnership shall be made in writing.
the contract of suretyship
the surety
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.


The declaration by the surety must be made in writing under pain of nullity.
the contract of donation
the donor
the benefit
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.
The termination of a contract of donation cannot be demanded after the lapse of two years from its performance.
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.
the contract of pension


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.


A contract of pension shall be ascertained in writing.
the contract of anniuty
the annuitant
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.
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.


settlement


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.




public promise


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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