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simon_porter00
Joined: 09 Nov 2005 Posts: 505 Location: Warsaw, Poland
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Posted: Tue Aug 19, 2014 5:40 am Post subject: |
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I see contracts which differ between English & Polish on a regular basis; the system of continental law doesn't always match the system of common law and various work arounds have to be introduced so that they say more or less similar things. For example, the idea of reps and warranties in common law doesn't fit very well with Polish legal doctrine.
That aside, yes of course there will be dodgy bar stewards who will try to scam you (as in every country) and a wildly differing contract in Polish and English is one of those ways. But i doubt most landlords will go to that trouble (none have in my experience).
If you really are afraid, i'd ask to sign in one of the following clauses saying:
The english language contract is to have effect.
The contract is subject to english/american law jurisdiction not Polish
A 24 hour back out clause
A 1 week back out clause to make sure there are no illegal provisions
Zameldowania must be done within a week
Or, most simply:
Borrow a Pole who'll read it for you and tell you whether it's a scam or not |
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oipivo
Joined: 02 Jan 2012 Posts: 163 Location: Poland
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Posted: Tue Aug 19, 2014 10:30 am Post subject: |
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"So, unless you've scuffed or made holes in the wall, significantly damaged the paintwork, etc. then landlords are legally prevented from charging you to repaint the walls."
This was my main problem with the painting. Why should I be responsible for repainting the ceilings? What in the world could I have possibly done to them? |
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simon_porter00
Joined: 09 Nov 2005 Posts: 505 Location: Warsaw, Poland
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Posted: Tue Aug 19, 2014 11:34 am Post subject: |
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The problem you and many others have is not a question of what is legally applicable or not as the passage through the courts is long, costly and not really worth anyone's efforts for an amount less than 5/10 thou.
Have you paid a deposit? If yes, don't pay the last month's rent. If no, there's no real way they can get the money from you unless they've some way of getting hold of you. Basically speaking, if you don't want to pay then you can get out of it but get ready for some aggro.
If you suspect that they're not paying tax, visit the local tax office and make some 'suggestions'. |
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Master Shake
Joined: 03 Nov 2006 Posts: 1202 Location: Colorado, USA
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Posted: Tue Aug 19, 2014 11:41 am Post subject: |
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simon_porter00 wrote: |
If you really are afraid, i'd ask to sign in one of the following clauses saying:
The english language contract is to have effect.
The contract is subject to english/american law jurisdiction not Polish
A 24 hour back out clause
A 1 week back out clause to make sure there are no illegal provisions
Zameldowania must be done within a week
Or, most simply:
Borrow a Pole who'll read it for you and tell you whether it's a scam or not |
If you ask for these clauses to be included, you'll have most Polish landlords running for the hills.
Better to go with option 2 and just bring a Pole with you who speaks English. It'd be a great first date.
Can you really just write a clause in a contract signed in Poland that the contract is 'subject to English/American law'? Doesn't the law of the land prevail? |
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simon_porter00
Joined: 09 Nov 2005 Posts: 505 Location: Warsaw, Poland
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Posted: Tue Aug 19, 2014 2:22 pm Post subject: |
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The jurisdiction commonly is Polish law; however, as long as both parties agree and the clause is appropriately drafted, they can choose the jurisdiction of timbuktoo.
Lots of international companies do deals in Poland (and elsewhere) i.e. Japanese firm sells assets/enters into a contract with a German company with the economic activity of the deal happening in Poland - they might settle on Polish jurisdiction, German, Japanese or some form of international arbitration. |
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