NEWSLETTER No. 6, May 2021 Malinowski & Associates. Legal Advisors. Partnership Table of contents Reducing the gender pay gap – another unenforceable obligation for employers, or a worldview battle? Once self-employed, now employees – the period of work “on yourself” counted as seniority. The State Labor Inspectorate will no longer only inspect, but also establish...
NEWSLETTER No. 5, April 2021 Malinowski & Associates. Legal Advisors. Partnership Table of contents The bill on citizen commercial judges. Citizen commercial judges. Requirements and exclusions for persons serving as a civil commercial judge. Election of citizen commercial judges. The term and mandate of the citizen commercial judge. Per diems of citizen commercial judges. Changes...
NEWSLETTER No. 4, March 2021 Malinowski & Associates. Legal Advisors. Partnership Table of contents Amendments to the Code of Civil Procedure and other laws. Changes to the Code of Civil Procedure. Sale of real estate by electronic auction. Change in Crisis Shield. Remote hearings. Responsibilities of professional attorneys. Law on compensation for property damage resulting...
NEWSLETTER No. 3, February 2021 Malinowski & Associates. Legal Advisors. Partnership Table of contents Amendments to the Law on Prevention of Money Laundering and Financing of Terrorism and Certain Other Laws. Expanding the catalog of mandatory institutions. Additional obligations of mandatory institutions for identity verification. Changes to the ability of obligated institutions to waive financial...
NEWSLETTER No. 2, January 2021 Malinowski & Associates. Legal Advisors. Partnership Table of contents Law on Processing Complaints and Disputes of Customers of Financial Market Entities and the Financial Education Fund. Statutory Entities. Complaint. Responsibilities of the financial market entity. Out-of-court dispute resolution proceedings between a customer and a financial market entity. Fines. Law on...
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...
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