Do legal agreements I'm party to in Poland have to be in my native language to be binding?

InWroclaw 89 | 1910

18 Jan 2013 / #1

In relation to: https://polishforums.com/life/poland-british-think-time-back-25565/#msg489156

As regards the "pesel number", go back to the office where you registered your home address, once you have been in Poland for 3 months you are automatically given a "pesel number" although they do not notify you of this, you are "supposed to know"!!!!. When dealing with car insurance, the bank etc, take a Polish speaker with you. I would like to refer you to the EU website and ask you to look up the regulations for "Unfair contracts", the short gist is, that any contract you sign that is written in Polish is not valid and does not apply to you legally. Telephone contracts, rental agreement for a flat, applying for any type of credit, is supposed to involve you being given a translation in your native tongue and you are supposed to be given 24 hours to read this before you sign it.

Is that true -- an automatic PESEL number after 3 months? They won't give me one as I can't produce a registered address due to the landlord being deceased and there being no new owner of the flat willing to do the form as it's all going to court. So I have no registered address and am stuffed AFAIK.

Is it still correct that a document has to be in English (my native tongue) or it's not legally binding on me? Has the law changed on that since Avalon wrote it in 2007?

the short gist is, that any contract you sign that is written in Polish is not valid and does not apply to you legally.

Spoke to my lawyer today, he said that this is not so, Avalon.

He said "It's still binding if it's in Polish, and it's up to you to make sure you know what's in it. If there are two versions -- one in English and one in Polish -- but the Polish one varies, it will be the Polish one that counts." He also of course added "Verbal contracts are binding too" although of course I am not sure how that would be enforced if a non Polish speaker didn't understand the person had just made a verbal contract with them.

Assuming he is misinformed, does anyone know where the EU legislation is online to demonstrate otherwise? (We should bear in mind the law may have changed since then.)

Just to point out -- I do not actually know whether Avalon or my lawyer is correct -- that's why I am seeking clarification.

Could anyone please post a link to the EU website where it says that contracts have to be in a person's native tongue when abroad or they're not binding? I was very surprised to learn this from Avalon (thanks Avalon!) but cannot find the legislation so far. I wonder if it is still the case or if holds true in reality, i.e. has it ever been tested in a legal case?

Also, as for the PESEL number issue mentioned in the same post - I can't register my address so far. So, I can't get a PESEL. Does anyone know a legal way to get a PESEL without having a registered address? When are they abolishing the registered address thing

zameldowanie

anyway? It's supposed to be soon. I can't register a car in my own name or a whole load of other stuff until I can register my address and get a PESEL.

Spoke to my lawyer today, his immediate answer was "No.". He said "It's still binding if it's in Polish, and it's up to you to make sure you know what's in it. If there are two versions -- one in English and one in Polish -- but the Polish one varies, it will be the Polish one that counts."

Assuming he is misinformed, does anyone know where the EU legislation is online to demonstrate otherwise as per Avalon's message in 2007? (We should bear in mind the law may have changed since then.)

Just to point out -- I do not actually know if Avalon or my lawyer is correct -- that's why I am seeking clarification.

Avalon 4 | 1063

24 Jan 2013 / #2

(We should bear in mind the law may have changed since then.)

The law did/was changed or was removed from the EU website. It was under the heading of Consumer Law/Unfair contracts. I read up on it in 2005/6 and I only wish I had printed it off at the time. I used it to cancel a contract with ERA as their mobile internet service did not work in the area where I live.

OP InWroclaw 89 | 1910

24 Jan 2013 / #3

Thanks for posting that confirmation, Avalon.

poland_

24 Jan 2013 / #4

He said "It's still binding if it's in Polish, and it's up to you to make sure you know what's in it

You have the right to ask them for an English translation, they have the right to refuse simply by telling you all contracts are in Polish. If you are signing a document in Polish and you do not read or write the language, simply put in an appendix stating that you have signed the document without full knowledge of what is written in Polish as you do not read or write the language. I am not sure it would stand up in court although it will illustrate you have acted blindly and with trust.

"Verbal contracts are binding too"

This is correct there was a landslide case which was won by a female lawyer in Warsaw about 18 months ago, although this was Polish on Polish. If I am dealing with people I do not know in Poland I ask them if I can used a dictaphone to tape the conversation so I can go over the fine points again. No one has ever declined.

OP InWroclaw 89 | 1910

24 Jan 2013 / #5

Useful tips, thank you/