Milewska Legal

Law of contracts

B2B contract – Q&A

In recent years, cooperation on the basis of a B2B contract has become increasingly popular in Poland. Below you can find answers to a number of questions about the basics of this cooperation model.

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Contractul penalties in non-disclosure agreement (NDA)

Almost inherent in every Non-Disclosure Agreement (NDA) is a contractual penalty for failure to respect the confidentiality of the information provided. In practice, this is a very convenient measure, both disciplining the counterparty and expediting claims if our counterparty discloses the confidential information provided to it.

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Disputes in France

The harmony of Franco-Polish commercial relations is disrupted by the fact that French counterparties are regarded as unreliable and dilatory payers who tend to settle foreign creditors’ claims only as a last resort.

In most cases, the provisions of the contract concluded with the French business partner impose the jurisdiction of French courts. Against this background, it is difficult for a Polish entrepreneur to assess the chances of recovering his debt in France, and the costs involved in initiating and pursuing legal proceedings in France.

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L4 and vacations on B2B contracts

Paid sick leave and annual leave are entitlements for people working on employment contracts. Can people working on a B2B basis also work on L4? Are they entitled to annual leave?

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Certificat de coutume – what is it?

An affidavit of law is a certificate of custom concerning the existence, content and interpretation of foreign law (diplomatie.gouv). Its function is to inform and certify the legal status of a particular state. It is presented to French courts and legal authorities.

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Barter agreement

What is a barter agreement, or the popular “barter”? Is it regulated directly in Polish law? Can barter be applied in classical business transactions?

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