{"id":1364,"date":"2026-07-21T08:02:31","date_gmt":"2026-07-21T06:02:31","guid":{"rendered":"https:\/\/magdalena-pulawska.pl\/commercial-law\/"},"modified":"2026-08-21T11:53:05","modified_gmt":"2026-08-21T09:53:05","slug":"commercial-law","status":"publish","type":"page","link":"https:\/\/magdalena-pulawska.pl\/en\/commercial-law\/","title":{"rendered":"Commercial law"},"content":{"rendered":"

What I do<\/h2>\n
    \n
  1. Disputes between businesses.<\/strong> I handle cases concerning non-performance of a contract, withdrawal from a contract and the settlement of a finished cooperation.<\/li>\n
  2. B2B contracts.<\/strong> I draft and review framework agreements, cooperation agreements, supply contracts, contracts for specific work, mandate contracts and NDAs.<\/li>\n
  3. Contractual penalties.<\/strong> I pursue contractual penalties and defend against them being charged. If a penalty is grossly excessive, I take steps to have it reduced.<\/li>\n
  4. Contractual and tortious liability.<\/strong> I pursue damages and defend against claims.<\/li>\n
  5. Securing transactions.<\/strong> I draft and review security instruments, for example a surety, a mortgage, a registered pledge or a voluntary submission to enforcement.<\/li>\n<\/ol>\n

    A contract review before a dispute arises<\/h2>\n

    Reviewing the contract templates you use day to day usually costs less than running a single case. It makes it possible to catch, early on, the provisions that may later prove the most expensive - for example the absence of contractual penalties protecting your interests, a defective withdrawal clause, an imprecise description of the subject of performance, or the lack of a provision designating the competent court.<\/p>\n

    What it costs<\/h2>\n

    You can choose one of two forms of billing: an hourly rate<\/strong> or a flat fee<\/strong> agreed up front. We settle the billing method before the cooperation starts, so that it is clear from the outset what costs you need to reckon with.<\/p>\n

    If the case goes to court, the court fee on the statement of claim also has to be taken into account. In commercial cases its amount most often depends on the value of the claim pursued. Before we file the claim, I will tell you what fee will apply in your case.<\/p>\n

    If you win, you may seek reimbursement of the costs of the proceedings from the other side, including the costs of legal representation, under Article 98 of the Polish Code of Civil Procedure. You need to bear in mind, however, that the court sets their amount on the basis of the rates laid down in the regulations, and not the full fee agreed with your attorney. In practice the amount awarded may therefore cover part of my fee, but not always all of it.<\/p>\n

    Winning the case does not yet mean that the money will appear in your account straight away. Recovering the debt and the awarded costs also depends on whether the other side holds assets against which enforcement can effectively be carried out.<\/p>\n

    Frequently asked questions<\/h2>\n

    A Polish partner sent me their standard contract. What should I check first?<\/h3><\/summary>

    Start with the commercial essentials: scope of work, acceptance procedure, price and payment terms, liability, contractual penalties and termination rights. Then check governing law, jurisdiction, limitations of liability and any provisions that allow the other party to change the contract unilaterally. A standard contract prepared by your counterparty should not be assumed to be balanced simply because it is commonly used.<\/p><\/div><\/details>

    Is a Polish contractual penalty the same as liquidated damages?<\/h3><\/summary>

    It is similar, but Polish \u201ckara umowna\u201d has its own statutory rules. It is generally used to secure non-monetary obligations, and the creditor does not normally need to prove the exact amount of loss in order to claim it. A Polish court may reduce the penalty if the obligation was largely performed or the penalty is grossly excessive.<\/p><\/div><\/details>

    Can we agree that disputes go to a court in my country?<\/h3><\/summary>

    Often yes, particularly in B2B contracts, if the jurisdiction clause is validly agreed. However, certain matters are subject to exclusive jurisdiction rules and special restrictions apply in areas such as consumer, employment and insurance law. Within the EU, jurisdiction and enforcement are largely governed by the Brussels I bis Regulation.<\/p><\/div><\/details>

    Is a non-competition clause enforceable between two businesses in Poland?<\/h3><\/summary>

    Generally yes, businesses have considerable freedom to agree on non-competition obligations. The clause should clearly define its duration, scope and the activities that are prohibited, and it must not conflict with mandatory law or competition rules. Post-contractual restrictions that are excessive or disproportionate may be challenged.<\/p><\/div><\/details>

    Can we sign the contract electronically from abroad?<\/h3><\/summary>

    Yes, many commercial contracts can be concluded electronically. Where Polish law requires written form, a qualified electronic signature has the same legal effect as a handwritten signature under EU eIDAS rules. Some transactions still require a special form, such as a notarial deed, so the formal requirements should be checked before signing.<\/p><\/div><\/details><\/div>","protected":false},"excerpt":{"rendered":"

    A dispute with a business partner rarely begins in the courtroom. It usually appears much earlier - with a contract signed in a hurry, imprecise arrangements, or an invoice that was never paid.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-oferta.php","meta":{"footnotes":""},"class_list":["post-1364","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/pages\/1364","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/comments?post=1364"}],"version-history":[{"count":3,"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/pages\/1364\/revisions"}],"predecessor-version":[{"id":1443,"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/pages\/1364\/revisions\/1443"}],"wp:attachment":[{"href":"https:\/\/magdalena-pulawska.pl\/en\/wp-json\/wp\/v2\/media?parent=1364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}