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Posts by legate  

Joined: 18 Oct 2013 / Male ♂
Last Post: 29 Nov 2014
Threads: -
Posts: 46
From: Poland, Poznan
Speaks Polish?: yes
Interests: law, psychology, sociology, politics, sport , music, movies

Displayed posts: 46 / page 1 of 2
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legate   
18 Oct 2013
Law / How can I find out if a Polish citizen owns a property? [5]

sorry for the laconic response, I've had some technical difficulties ;)

It's possible but not for everyone. The "komornik" can do it for sure. He's entitled by the law because he's role it to find the debtor's assets. As for you, you have to prove your legal interest in gaining this information. For instance, you have to show that a person which you want to check died and you are entitled to inheritance as her/his heir. You can't check it just out of curiosity.

The application shall be filled to the department called "starostwo powiatowe" and you can only check the area covered by this particular "starostwo powiatowe". If you need to check the bigger area, you'd have to file more applications.

If you're a foreigner, it'll be difficult to do without legal assistance.
legate   
18 Oct 2013
Law / Changing contract without consultation? Advice on EU/Polish employment law needed. [5]

She'll have to prove that the agreement (including the relevant provisions) was concluded earlier (verbally or by email) and I suppose it will be difficult. If there was an email correspondence in which the parties agreed on particular provisions and the employer told your friend "just come and sign", there's a real chance in the court
legate   
20 Oct 2013
Love / Is it easy to get divorced if my Polish partner is still married? [4]

it's hard to say how long it may take; if her husband doesn't want to cooperate it may take close to a year or even longer;

it's enough that she wants the divorce though, it will be hard for her husband to deny it; if there are children, it's good to appoint an attorney because the court can deny the divorce for the good of the children; an attorney will help you prove that the divorce is justified and will not harm the children

you can send me PM or email if you have further questions
legate   
22 Oct 2013
Real Estate / Can foreigner buy apartment in Warsaw, Poland? [33]

It can be done, but your problem will be to find a seller interested in that kind of deal. Basically a flat can be paid in installments but most of the sellers want to get the full purchase price at once.

The second option is to take a mortgage jointly with your parents who can prove their solvency to a bank.
legate   
28 Oct 2013
Law / How long it would take the Polish divorce usually? [6]

it depends on various things:
- if you both want it
- if you have children together
- if you want the court to rule that somebody should be deemed responsible for the divorce
- if someone will appeal against the ruling

based on the answers and on the luck it can take approximately 3 months - 2 years. Most often it takes 6-18 months.
legate   
28 Oct 2013
Law / How long it would take the Polish divorce usually? [6]

it's unlikely, especially with the Christmas break coming in December;
I think 3-4 months is an optimistic guess, sometimes you have to wait more for the court to appoint a hearing.

If you want to do it swiftly, it's better to get an attorney;
legate   
6 Nov 2013
Real Estate / Apartment rental in Poland: Termination of the agreement before the date [25]

Generally, you can't terminate this agreement because it's a fixed-term contract. You can demand from the lessor to warm up the place in a given period (I suggest 7 days) and if you won't still be able to heat it up to at least 20 degrees, you can terminate the agreement without the notice.

You'll still have to inform the lessor on writing that you did it and call him to take the keys back.

Polish norms say that you must be able to warm the apartment to at least 20 degrees. If it's not possible you can say that it's harmful to your health which allows you to terminate the contract.

All the letters shall be send with acknowledgment of receipt (small yellow form in the post office)
legate   
6 Nov 2013
Law / Advice needed on access rights and alimony payments regarding my Polish daughter [25]

hello,
the best thing to do is to go to court to establish your contacts with your child.

You have full rights now but without a court ruling it will be hard to execute them. When the court decides that you can e.g. see your child twice a month for a weekend and take her to Portugal or Switzerland for a holiday, it will be much easier to execute your rights.
legate   
6 Nov 2013
Law / Advice needed on access rights and alimony payments regarding my Polish daughter [25]

I'm afraid that polish law goes against foreigners "blindly"

that's not true.

At the end i could lose contact with her, lose money and my daughter will grow with her mother telling tham Im the "bad guy"

the more you'll wait with sorting this out, the more you and your daughter grow apart and if you'll eventually decide to fight for contacts, the court will see you almost as a stranger for a child. It's crucial that you get the contacts asap; it's very likely that the expert witnesses (psychologists) will by summoned by court to decide if you and your daughter are close enough so she's ready to be spending some time with you without her mother;

the mother of your daughter can sue you for alimony no matter what you do with your parental contact rights
legate   
7 Nov 2013
Real Estate / Apartment rental in Poland: Termination of the agreement before the date [25]

16 degrees in the bathroom is far to cold - it's a legitimate basis to terminate the agreement without a notice. You only must give your lessor a chance to fix this problem which means that you have to notice him about it an give him some time to fix it (7 days will be enough).

When he fails you'll be able to terminate the agreement - just get proofs that temperature is so low (pictures, witnesses).

Do it by the book ;)

If you want we can legally assist you with it - en.legate.pl
legate   
7 Nov 2013
Real Estate / Apartment rental in Poland: Termination of the agreement before the date [25]

There is a heater in the bathroom. It would be sensible to figure out how it works (perhaps ask a friend, perhaps check on the internet).

if there's a heater that works (or can work) everything looks different indeed. Sorry, I've missed this part somehow.
I suppose that when the temperature goes up in the bathroom, it will go up in the whole apartment and will be higher then 20 degrees.

I must revoke what I've said earlier

it's a legitimate basis to terminate the agreement without a notice

You will have to contact somebody who'll show you how the heater works.
legate   
19 Nov 2013
UK, Ireland / English dad, Polish mum are parting. What about the child? [27]

Hi Barbiekk,
Of course you have the custody rights but it can be limited during the divorce proceedings, so as the contact rights. There are no clear rules about who gets the custody, the court has to put the children's interest in the first place and has to examine which parent gives a better guarantee.

The most common ruling is that one parent gets full custody and the second one's custody rights are limited. Second parent should assert his contact rights so it's not hindered by the first parent who lives with the children.

Have you thought about getting an attorney?
legate   
2 Jan 2014
Law / Legal Advice of how to close a company owned in Poland [13]

hello,
we can help you with that problem if you wish;

we have to know what kind of company it is - sp. z o.o. (LLC), s.a (JSC) or other and see the articles of association.

After that we would give you our offer;
legate   
21 Jan 2014
Real Estate / "Zachowek" means that even if the dead bequeathed his/her property in Poland.. [6]

Hello,
You're entitled to zachowek (legitim) if your parents passed away. You don't just accept it, you must claim it to receive it. It is possible that your claim diminishes the claim of your other relative. After it is given to you, you can donate it back to the main successor.

If you speak polish, you can check more on: spadek.com.pl
legate   
22 Jan 2014
Real Estate / "Zachowek" means that even if the dead bequeathed his/her property in Poland.. [6]

I think that everyone has to be offered zachowek but most people decline it.

- that's incorrect. It doesn't have to be offered. It can be paid voluntarily but frequently it isn't so you have to claim it.

whether you decide to take it up or not doesn't make any difference to the relative who wants it

--> in some cases it can make a difference; in most cases it doesn't indeed.
legate   
27 Jan 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

could you give us the land register number of this property?
normally, the owners cooperate in management and if they disagree they can turn to the court for a decision; every owner can also file the petition to the court for assignment of the property manager who will manage the property instead of the owners; a change of property manager is also possible - especially for the majority owner.

if you need the legal opinion or want to take some legal action, you can check us.
legate   
31 Jan 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

1. apply to court to take over property.

- is it not a way to gain control via court decision? the court can nominate you as manager. It is true though that the court doesn't have to choose you.

You can also file the petition to remove the manager so the owners can manage on they own. You will have more rights as a majority owner.
legate   
5 Feb 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

It really depends on the property and your consensus on the division, so it's even hard to guess but I would opt for 1-2 years.

If the division would be really complicated you can consider "quad usum division" which will mean that you still co-own the property but you agree that one part will be used by you and the second one by the minority owner. It doesn't solve all the problems though because you will still have to agree on the management of the common parts (staircase, etc.).
legate   
18 Feb 2014
Food / Food to give as a gift that is only representative of Poznan? [4]

I'm going to a formal visit in warsaw ,and I would like to buy food that only poznan has and warsaw doesn't have .

I'm not sure you can find anything like it. There's a local cuisine, but it'll be difficult to find a product that is sold in Poznan and isn't available in Warsaw - both cities are too big and too close for that.

Greater Poland's cuisine is strongly based on potatos so you can consider the potato vodka - eg. Chopin vodka - it can be bought in Warsaw too but nevermind it.