Due diligence in Poland

[Warsaw, 06.06.2006] Although Poland is a member of the European law system, one should not presume that the knowledge of general standards of English and continental laws enables independent evaluation of legal standing of a Polish entity or validity and enforceability of a contract governed by Polish law.

First of all, it should be borne in mind that the European Union does not interfere with the content of the law of obligations, which means that legal systems of the EU Member States have not been harmonised to this end.

In Poland, the law of obligations is shaped, first of all, by the Civil Code adopted on 18 May 1964 and numerously amended. The Civil Code regulates both the general rules of establishing obligation relations and particular types of agreements. The Code provides for models of the following agreements: sale, barter, construction work, agency, agreement on performance of a specified task, mandate contract, commission contract, donation, lease and leasing. Departures from models are possible to a great extent, however, a deep knowledge of Polish law of obligations is required to determine the admissibility of certain departures in a given case.

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