Interest rates, which have held steady in recent years, have seen significant increases each month since the fall of 2021. The level of these rates has a direct impact on the amount of credit installments on all financial instruments: loan contracts, cash loans, mortgages or leases. It is common in Poland for this type...
Transfer of receivables, also popularly known as assignment, is a well-known and well-described institution of civil law (Article 509 of the Civil Code et seq.). Equally recognizable is a subtype of this agreement involving a fiduciary transfer of claims with a concomitant obligation on the assignee to carry out the collection process, of course, for...
Probably every person doing business has at some time netted his receivables against those of his counterparty. This very convenient institution, also known as a deduction, is often used by entrepreneurs. However, our legislature has noted that it is sometimes abused by those aiming to delay payment of a debt to the other party. This...
Arrest of a vessel may take place with respect to all vessels flying the flag (i.e., the nationality of the vessel) of any of the states-parties to the Convention, as well as with respect to vessels flying the flag of another state, but in the latter case only within the jurisdiction of each state-party to...
In order to seize a ship, first of all, an appropriate application must be filed with the court (or a similar institution of competent judicial authority – depending on the legal system of the country in which the ship is located), since the ship can be seized only by a decision of such a body....
Crucial from the point of view of the institution of ship arrest is the concept of “maritime claim.” The arrest of a ship through legal proceedings can only be done to secure a maritime claim. The convention contains an exhaustive list of such claims, including claims for: (1) damage caused by any vessel due to...
The Convention allows a ship to be released from custody upon the posting of a sufficient bond or other security. The release may be based on a decision of the court (or similar authority) that previously issued the seizure decision. The exemption from seizure was differently shaped in connection with maritime claims arising from disputes...
Of interest may be the circumstance that in international law it is allowed to arrest not only persons, but also things. Explaining the above, in the middle of the last century, the international community decided to establish the institution of maritime ship arrest. The name of this institution figuratively indicates its essence, since the arrest...
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