Milewska Legal

Law of contracts

Dissolvence, termination and withdrawal – ways to end a contract in force

Dissolvence, termination and withdrawal are very often used interchangeably to describe the manner in which a contract is terminated. Such a simplification can bring unfavorable consequences, since these three institutions are characterized by completely different nature and effect.

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Contractual penalties in contracts

If it is important to us, for example, the deadline for performance of the contract, or the other party’s actual compliance with the order of confidentiality of information – consider including a contractual penalty in the designed contract. This is because it is one of the more “malleable” creations of civil law, which can be easily adapted to almost any type of contract.

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Contract for work vs. contract of mandate

In practice, it is often the case that the term “work contract” is used interchangeably with “assignment.” Although the boundary between the two is sometimes blurred, each of these contracts is intended to serve a different purpose and therefore has distinct characteristics.

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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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