Signing a Contract with a Polish Company

The Polish legal system is similar to other countries in Western Europe. Although there may be many similarities between international and domestic contracts, it is advisable to seek legal counselling in Poland before signing any international contract. Additionally, regardless of the type of contract, the investor should always employ the services of an authorised Polish translator to make sure that the all of the contractual terms are understood before agreeing upon them.

Obligations and governing law

The Polish Civil Code establishes the general rules of the contract law. There are three types of legal obligations:

• -       Contractual obligations;
• -       Torts;
• -       Unjust enrichment.

The contractual obligations are those specific obligations that originate from contracts and in some cases from unilateral statements. The Polish law accepts two other forms for concluding an agreement: negotiations and auctions. They can be either oral or in writing. Public statements can also be considered binding.

According to Polish law, two statements of will are required to be registered within the contract. Also, the contract needs to stipulate the essential conditions. Various contract types in Poland may include:

• -       Property purchase contracts in Poland;
• -       Company purchase contracts;
• -      Polish Employment contracts.

The parties may choose the governing law if there is a connection between the contract and the country in which it applies. All contracts for international sale of goods drawn up between Polish companies will be subject to the United Nations Convention on Contracts for the International Sale of Goods. Also, Poland is subject to other EU Regulations.

Contract Termination

There are two ways to end a Polish contract: termination and rescission.

The termination of the Polish contract can be made according to the specific conditions set forth in the agreement, if one or both parties breach their contractual obligations or if other complications arise that make it impossible to continue the agreement.

Rescission is the process of unwinding an agreement. This is done to nullify the agreement from the beginning. The Polish law stipulates a number of situations in which the parties may rescind the agreement.

If you want to close an agreement with a Polish company or if you want to conclude various types of contracts in Poland, our lawyers can help represent your best interests for your business. Contact our attorneys in Poland for more details.