Milewska Legal

Law of contracts

Forms of contracts – does every contract have to be in writing?

We are probably unaware that each of us enters into dozens of contracts every day (when shopping, traveling by public transport, or taking a jacket to the dry cleaner’s). The vast majority of these are verbal agreements. Are such agreements legally binding? When is it necessary to conclude a written agreement? And when should we resort to an even “higher” form of agreement, such as a notarial deed?

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Standby pay in a B2B contract

In the case of employment contracts, remuneration is due to the employee for simply “remaining at the employer’s disposal.” It therefore does not matter whether or not the employee actually performs any work during this time. The situation is different in the case of B2B contracts. In B2B contracts, the rule is that remuneration is paid only when tasks are actually performed. Does this always have to be the case? Are there mechanisms in place to guarantee remuneration even if no orders are carried out for a period of time and the B2B contract remains in force?

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“Employee” contracts in Poland

In addition to the classic employment contract, Poland has civil law contracts under which it is also possible to provide services (labor). Thus, the basis for employment in Poland may be an employment contract, a contract of mandate (contract for the provision of services), a contract for specific work and a B2B contract.

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Power of Attorney vs. Commercial Proxy (Prokura) – Differences

Both a power of attorney (pełnomocnictwo) and a commercial proxy (prokura) are forms of legal representation. Both the attorney (pełnomocnik) and the commercial proxy (prokurent) act on behalf of and in the interest of the person or entity they represent. The purpose of granting either is to relieve the principal of the need to perform various legal acts personally.

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Contractual penalties in a B2B contract

Contractual penalties are quite often used in B2B contracts. This is a useful institution that facilitates redress in the event of breach of contract by a col.

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Non-compete clause in a B2B contract

The vast majority of companies choose to include a non-compete clause club agreement with co-workers (contractors) working on B2B contracts. This is particularly justified when a contractor on a B2B contract is to have access to confidential data, information about working methods, prices, discounts, development plans or technologies used in the company.

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