Jan Ciećwierz
How to properly formulate a fraudulent transfer claim against a third party: Conclusions from Supreme Court of Poland rulings
24.02.2022
Actio pauliana, creditor protection, Supreme Court
A claim to set aside fraudulent transfers to a third party (Art. 527 et seq. of the Civil Code) must precisely identify both the parties and the subject matter in the demand for relief set forth in the statement of claim. It is a mistake to assume that the trial court will seek out the missing elements in the justification for the statement of claim.
Non-competition between management board member and company
10.08.2017
corporate, litigation
The Commercial Companies Code prohibits members of the management board of a company from undertaking activity competitive with the company. This ban is intended to protect the economic interests of the company. But what can a company do if the ban is violated?
Liability for representations and warranties concerning the condition of the company in a corporate sale
22.06.2017
protection of contracts, creditor protection, tax, litigation, M&A
Making false representations about the state of tax liabilities of a company being sold may make it necessary to cover the buyer’s losses, even years after the transaction.
The owner does not always have to pay the holder for improvements to property
06.04.2017
creditor protection, real estate, litigation
An interesting ruling was issued in a case we were handling. After the independent possessor of real estate turned the property over to the owner, it demanded payment for the expenditures it had made on the property, including construction of a building on the site. But does construction always raise the value of the property?
Welcome to our new portal
14.08.2014
varia
The portal “In Principle”—created through the merger of the Litigation Portal and the Transactions Portal—is designed for managers and lawyers. We write simply about complex legal issues affecting business.
Jan Ciećwierz: I have yet to encounter a situation in which the creditors were without hope
27.06.2013
creditor protection, miscellaneous
An interview with Jan Ciećwierz, a partner Wardyński & Partners, on how debtors avoid paying their obligations and how the law protects creditors from such actions.
Jan Ciećwierz: "Peace through strength" is good business policy
05.07.2012
protection of contracts, creditor protection
An interview with Jan Ciećwierz, a partner at Wardyński & Partners who co-heads the Dispute Resolution & Arbitration practice, about the need to secure trade receivables.