Act Of 23 April 1964 Civil Code

Original Language Title: USTAWA z dnia 23 kwietnia 1964 r. Kodeks cywilny

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The BOOK of the FIRST PART of the OVERALL title and introductory provisions Article. 1. [range] code of this civil law governs the relationship between individuals and legal persons.

Article. 2. (repealed) Article. 3. [the retroactive effect of the law] Act does not have retroactive effect, unless it is apparent from its wording or purpose.

Article. 4. (repealed) Article. 5. [an abuse of a subjective right] you cannot do with his right, which was contrary to the socio-economic purpose or with the principles of social coexistence. Such action or omission of the holder is not considered the exercise of the right and does not use protection.

Article. 6. [burden of proof] the burden of proving the fact rests on the person who, from the fact that derives legal effect.

Article. 7. [Presumption of good faith] if the Act makes the legal effects of good or bad faith, it is presumed the existence of good faith.

TITLE II of the person and a natural person Chapter and legal capacity and capacity to act Art. 8. [legal capacity] § 1. Everyone from the time of birth have legal capacity.

§ 2. (repealed)

Article. 9. [Presumption of birth of a living child] in the event of the birth of a child shall be presumed that it came into the world alive.

Article. 10. [an adult] § 1. Age is, who completed eighteen years.

§ 2. By marriage the minor achieves majority. Does not lose her in the event of annulment of the marriage.

Article. 11. [full legal capacity] Full legal capacity is acquired at the moment of majority.

Article. 12. [the lack of legal capacity] does not have the legal capacity of a person under the age of thirteen years, and incapacitation.

Article. 13. [Incapacitation total] § 1. A person who completed thirteen years, it can be completely incapacitated, if as a result of mental illness, mental deficiency or any other kind of mental disorders, in particular drunkenness or drug addiction, is not in a position to guide their conduct.

§ 2. For ubezwłasnowolnionego completely care shall be established unless it is still under parental authority.

Article. 14. [effect of lack of legal capacity] § 1. Legal action by a person who does not have legal capacity, is void.

§ 2. However, when a person incapable of legal actions concluded an agreement to contracts generally concluded in minor issues of everyday life, such agreement becomes valid from the moment of its implementation, unless that entails serious adverse effect on Weichert does the person is not able to act.

Article. 15. [Limited legal capacity] a limited legal capacity to have a minor over the age of thirteen, and incapacitation.

Article. 16. [Incapacitation partial] § 1. An adult may be partially incapacitated due to mental illness, mental deficiency or any other kind of mental disorders, in particular drunkenness or drug addiction, if that person does not justify the total incapacitation, but help is needed to conduct its affairs.

§ 2. For a person legally incompetent shall be part of the tutor.

Article. 17. [Consent of the legal representative] subject to the exceptions provided for by law, the validity of a legal action by which a person limited in legal capacity, incurs an obligation or dispose of your law, you need the consent of her legal representative.

Article. 18. [contract] § 1. The validity of the contract, which was concluded by a person limited in legal capacity without the required consent of the legal representative, depends on the confirmation of the agreement by the representative.

§ 2. Person limited in legal capacity can confirm agreement after obtaining full legal capacity.

§ 3. A party that has entered into an agreement with a person limited in legal capacity, may not rely on the lack of consent of her legal representative. However, you may designate a representative to confirm the appropriate time limit allows; becomes free after the expiration of the statutory period.

Article. 19. [Unilateral legal action] if a person limited in legal capacity has made itself a unilateral legal act, to which the law requires the consent of the legal representative, the Act is invalid.

Article. 20. [Agreement in minor matters] a person limited in legal capacity may without the consent of the legal representative contract belonging to the agreements generally concluded in the minor issues of everyday life.

Article. 21. [Regulation for life] a person limited in legal capacity may without the consent of the legal representative to dispose of his for life, unless the Court decides otherwise for serious reasons of guardianship.

Article. 22. [Objects put into free use] If the legal representative of the person limited in legal capacity gave her certain financial items for free use, the person acquires full capacity in terms of legal acts, which of these items. With the exception of legal acts, which make is not enough according to the Act the consent of a legal representative.

Article. 221. [the consumer] For the consumer is considered a natural person carrying out with the entrepreneur legal act not directly related to its business or professional.

Article. 23. [personal] personal man, as, in particular, health, freedom, honour, freedom of conscience, name or nickname, the image, the secret correspondence, inviolability of the dwelling, the work of the scientific, artistic, wynalazcza and racjonalizatorska, remain under the protection of civil rights, regardless of the protection provided for in other legislation.

Article. 24. [protection of personal rights] § 1. The one whose personal welfare is affected by someone else's action may require the omission of this action, unless it is not illegal. In the event of an infringement it may also require that the person who committed the violation, fulfil the steps needed to remove its effects, in particular in order to made a statement of relevant content and, in the appropriate form. Under the conditions laid down in the code, it may also request monetary compensation or payment of a suitable sum of money to the designated purpose.


§ 2. If as a result of a breach of good personal was caused property damage, the aggrieved party may claim its fix on general principles.

§ 3. The above shall not without prejudice to the possibility provided for in other legislation, in particular in copyright law and in the law of the wynalazczym.

Chapter II residence Article. 25. [a resident] the place of residence of a natural person is the place where the person resides with the intention of permanent residence.

Article. 26. [the place of residence of the child], § 1. The place of residence of the child under parental authority is the place of residence of the parents or with parents who only parental or who is entrusted with the exercise of parental responsibility.

§ 2. If parental entitled on an equal footing both parents having a separate place of residence, place of residence of the child is the parent with whom the child permanently resides. If the child does not reside permanently in any of the parents, his place of residence determines the Court of guardians.

Article. 27. [place of residence of the person under care of] the place of residence under the care of a person is a resident.

Article. 28. [one place of residence] you can have only one place of residence.

Chapter III Recognition of death Article. 29. [the term for the deceased] § 1. The lost can be declared dead if it took ten years from the end of the calendar year in which, according to existing messages still lived; However, if at the time of recognition for the deceased lost graduated from the years seventy, sufficient passage of five years.

§ 2. Recognition for the deceased may not take place before the end of the calendar year in which the lost ukończyłby years twenty-three.

Article. 30. [Special Events] § 1. Who went missing during the journey or in connection with the disaster, ship or vessel, or in connection with another special event, this can be declared dead after a period of six months from the date on which there has been a disaster or other special event.

§ 2. If you cannot find the disaster ship or vessel, the six-month period begins at the end of the year from the date on which the ship or ship had come to the port of destination, and if you do not have a port of destination-over two years from the date on which it was the last message about him.

§ 3. Who disappeared in connection with the immediate danger for the life of the unforeseen in the paragraphs preceding, this can be declared dead one year after the day on which the danger no longer exists or by circumstances should stand.

Article. 31. [While the alleged death] § 1. It is presumed that the missing died in the time indicated in the decision about the recognition of the deceased.

§ 2. As the moment of the alleged death of the lost is a moment which, in the circumstances is the most likely, and in the absence of any data – the first day of the term, of which the recognition for the deceased became possible.

§ 3. If in the judgment of the recognition of the deceased the time of death was marked only the date of the day, in a moment of the alleged death of the missing is considered the end of the day.

Article. 32. [Presumption of simultaneity of death] if several people lost lives during the imminent jointly danger, it shall be presumed that the deceased at the same time.

SECTION II legal persons Article. 33. [legal person] legal persons are the Treasury and organizational units, where the special provisions confer legal personality.

Article. 331. [OUs], § 1. To organizational units which are not legal persons, where the law recognizes the legal capacity, shall apply mutatis mutandis the provisions of legal entities.

§ 2. If a separate provision provides otherwise, for the liabilities referred to in § 1, secondary liability shall be borne by its members; This liability arises when an organizational unit has become insolvent.

Article. 34. [the Treasury], the State Treasury is in civil law relations subject of rights and obligations that apply to State property does not belong to other State legal persons.

Article. 35. [the Organization of legal persons], regime and cessation of legal persons shall specify the relevant provisions; in the cases and to the extent that these rules provided for the Organization and operation of the legal person governed by its statutes.

Article. 36. (repealed) Article. 37. [Obtain legal personality] § 1. Organizational unit obtains a legal personality upon entry in the appropriate register, unless specific provisions stipulate otherwise.

§ 2. Types of records and their organization and the conduct is governed by separate rules.

Article. 38. [representation of the legal person] legal person works through their bodies in the manner provided for in this Act and in the statutes.

Article. 39. [the lack of restraints] § 1. Who as a body of the legal person has entered into an agreement on its behalf as her authority or exceeding the scope of the attachment of such a body, is obliged to return the received from the other party in performance of the contract, and to repair the damage, which the other party has suffered through it, that has entered into an agreement not knowing about the lack of restraints.

§ 2. The above provision shall apply mutatis mutandis in the case where the contract was concluded on behalf of the legal person that does not exist.

Article. 40. [the responsibility of the Treasury] § 1. The Treasury is not responsible for the obligations of the State, unless a separate provision provides otherwise. State-owned legal persons shall not be liable for the obligations of the State Treasury.

§ 2. In the event of unpaid transfer, on the basis of the laws in force, specific item of property from the State of a legal person to the Treasury, the latter shall be jointly and severally liable with a legal person for debts incurred during the period when the component was the property of the legal person, up to the value of this component established by the State at the time of acquisition, and at the time of payment.

§ 3. The provisions of paragraph 1 and 2 shall apply mutatis mutandis to the responsibility of local government units and local people.

Article. 41. [the seat of the legal person] If the law or based on the statutes provide otherwise, the seat of the legal person is a commune, in which has established its management authority.

Article. 42. [the lack of bodies] § 1. If a legal person may not lead their cases with no appointed to the authorities, the Court lays down for her guardian.


§ 2. The curator should try to immediately appoint bodies of a legal person and, if necessary, of its liquidation.

Article. 43. [personal legal person] the provisions for the protection of the personal rights of natural persons shall apply mutatis mutandis to the legal entities.

SECTION III of the entrepreneur and their symbols Article. 431. [Entrepreneur] Trader is a natural person, a legal person or an organizational unit, referred to in article 1. 331, paragraph 1, on their own behalf, business or professional activity.

Article. 432. [Company] § 1. The entrepreneur works in a company.

§ 2. The company is disclosed in the relevant registry, unless provided otherwise.

Article. 433. [company overview] § 1. Business entrepreneur should distinguish sufficiently from other traders operating in the same market.

§ 2. The company may not be misleading, in particular to the person of the entrepreneur, the objects of the trader, the place of business, the sources of supply.

Article. 434. [Company a natural person] Business of a natural person is her name. This does not preclude the inclusion of the company the nickname or expressions that indicate activity of the trader, the place of her conduct and the other terms freely peeled.

Article. 435. [Company legal person] § 1. Company legal person is her name.

§ 2. The company includes the designation of the legal form of a legal person, which may be given in the short, and may indicate the activity, and the other to determine freely the peeled.

§ 3. Company legal person may bear the name or nickname of a natural person, if this is the release of compounds that person with the creation or activity of the trader. Placement in a company name or nickname of an individual requires the written consent of that person, and in the event of her death – the consent of her spouse and children.

§ 4. The entrepreneur can use the abbreviation. Provision of art. 432 § 2 shall apply mutatis mutandis.

Article. 436. [branch Company legal person] the company branch of a legal entity contains the full name of that person and the term "branch" with an indication of the locality in which the branch is established.

Article. 437. [change company] company change requires disclosure in the registry. In case of transformation of a legal person can maintain its existing business with the exception of the determination of legal form of pointing of a legal person, if it has been changed. The same applies to the transformation of a partnership.

Article. 438. [loss of membership by a member] § 1. In case of loss of membership by a member, whose name was placed in the company, the company may keep its company name former shareholder only expressed in writing his consent, and in the event of his death, with the consent of his spouse and children.

§ 2. Provision of section 1 shall apply mutatis mutandis in the case of continuing economic activity of a natural person by a natural person who is its legal successor.

§ 3. Who acquires the company, may continue under the existing name. Should, however, put add-in showing the company or the name of the buyer, unless the parties agreed otherwise.

Article. 439. [Disposal company] § 1. The company may not be disposed of.

§ 2. The trader may license another trader to use for his company, if it does not make it.

Article. 4310. [the threat right to the company] entrepreneur, whose right to the company has been affected by someone else's action may require the omission of this action, unless it is not illegal. In the event of an infringement it may also request to remove its effects, make a statement or statements in the appropriate content and form, compensation on the basis of General injury or benefit derived by a person who has committed the infringement.

TITLE III Article Property. 44. [Property] Property is ownership and other property rights.

Article. 441. [Entities of State property] § 1. Ownership and other property rights, which are the property of the State, have reverted to the State or other public legal persons.

§ 2. The permissions property of the State Treasury with respect to state-owned legal persons lay down separate rules and, in particular, governing their regime.

Article. 45. [Things] Things within the meaning of this code are the only tangible objects.

Article. 46. [property] § 1. Real estate agents are part of the Earth's surface, forming a separate item of property (land), as well as the buildings permanently connected with land or parts of such buildings, if under special regulations are separate from the land the subject of ownership.

§ 2. Keeping the mortgage shall be governed by separate rules.

Article. 461. [agricultural real estate] agricultural real estate (agricultural land) are real estate, which are or may be used to carry out manufacturing activities in agriculture in the field of crop production and livestock, including gardening, orchard and fish.

Article. 47. [component stuff] § 1. Part of things may not be a separate subject of ownership and other rights in rem.

§ 2. Part of the thing is everything that cannot be detached from it without damage or material change or without damage or substantial modification of item disconnected.

§ 3. Items associated with the thing only for transient use do not constitute its components.

Article. 48. [component part of the land] subject to the exceptions in the Act, to the constituent parts of the land are in particular buildings and other devices permanently from the ground, as well as trees and other plants from the time of planting or sowing.

Article. 49. [devices company] § 1. Devices for feeding or discharge of liquids, steam, gas, electricity and other similar devices do not belong to the constituent parts of the real estate, if you are part of the company.

§ 2. A person who has incurred construction costs equipment referred to in § 1, and is the beneficial owner, may request that an entrepreneur who joined the device to your network, has acquired ownership thereof for appropriate remuneration, unless otherwise agreed by the parties in the agreement. With a request for the transfer of ownership of these devices may also occur.

Article. 50. [rights as constituent parts of the land] For the components of the property shall be deemed to the rights associated with the property.


Article. 51. [group membership] § 1. Affiliations are things moving you need to use the other things (things) in accordance with its intended purpose, if they remain with her in the actual connection corresponding to this purpose.

§ 2. There may be political benefit of non – to the owner of the thing.

§ 3. Nationality does not lose this character by transient ridding her actual relationship with the thing.

Article. 52. [Act on the things the main] legal action with the article for the main successful also in relation to the membership, unless otherwise follows from the content of the action or of the special regulations.

Article. 53. [the benefits of things] § 1. Rewards of natural things are her fetuses and other detached from her constituents, as long as according to the rules of proper economy are the normal income of the things.

§ 2. Rewards civil things are revenue, that thing brings on the basis of the legal relationship.

Article. 54. [the benefits rights] Rewards rights income that this law brings in accordance with its socio-economic purpose.

Article. 55. [Download benefits] § 1. Entitled to the beneficial use of natural fruits fall, that have been detached from the things during its permissions, and civil fruits-in relation to the duration of this permission.

§ 2. If entitled to beneficial use has made investments in order to obtain benefits, which coincided with another person, be it from her remuneration for these inputs. The remuneration may not transfer the value of the benefits.

Article. 551. [the company] company is organized a team of intangible and material components for doing business.

It includes, in particular: 1) the designation of the indywidualizujące enterprise or its extracted part of (name of company);

2) ownership of real estate or movable property, including equipment, materials, goods and products, and other rights in rem to real estate or movable property;

3) rights arising out of contracts to lease and tenancies of immovable property or movable property and the right to use immovable property or movable property under any other legal relations;

4) claims the law of securities and cash;

5) concessions, licenses and permits;

6) patents and other industrial property rights;

7) copyrights and property rights;

8) business secrets;

9) books and documents related to running a business.

Article. 552. [legal action concerning the company] act with the object of the company includes everything that is part of the company, unless otherwise follows from the content of legal action or of specific provisions.

Article. 553. [farm] For an agricultural holding is considered agricultural land with forestry land, buildings or parts thereof, equipment and inventory, if you are or may be organised whole, and rights associated with the operation of the farm.

Article. 554. [responsibility of the buyer company] Customer business or agricultural holding is responsible jointly and severally with the vendor for its obligations related to running a business or a farm, unless at the time of the acquisition did not know about these commitments, despite due diligence. Customer's liability is limited to the value of the acquired company or farm to the State at the time of acquisition, and prices at the time of the satisfaction of the creditor. This responsibility cannot without the consent of the creditor, excluded or limited.

TITLE IV legal acts and general provisions Art. 56. [effects of legal] legal action raises not only the effects of it, but also those that derive from the Act, of the principles of social coexistence and the established customs.

Article. 57. [Regulation law] § 1. You can not by legal action excluded or limited permission to move, load, change or abolish the law, if according to the law, this right is transferable.

§ 2. This provision does not preclude the admissibility of the obligations that entitled will not marked with the regulations.

Article. 58. [invalidity of legal acts] § 1. Act contrary to the law or to circumvent the Act is void, unless the competent provision provides for a different effect, in particular, that in place of invalid provisions of legal action consists of the relevant provisions of the Act.

§ 2. Void Act is contrary to the principles of social coexistence.

§ 3. If invalidity is affected only a part of the legal action, the Act remains in effect as to the remaining parts, unless the circumstances show that without the provisions affected by the nullity the Act had not been made.

Article. 59. [the relative ineffectiveness of the contract] in the event of the conclusion of the agreement, that makes it wholly or partly impossible reparation claim of a third party, the person may demand recognition of agreement is ineffective in relation to it, if its claim were aware or if the agreement was free of charge. Recognition of agreement is severable cannot request one year after its conclusion.

Article. 60. [Declaration] subject to the exceptions in the law, the will of the person making the legal action can be expressed by each of the behaviour of this person, which reveals her willingness to adequately, including disclosure of the will in electronic form (Declaration of intent).

Article. 61. [While make a statement] § 1. Declaration of intent, which is to be submitted to another person, is made from the moment when it came to her in such a way that you can become familiar with its content. The appeal of such a declaration is effective, if it came at the same time with this statement or before.

§ 2. Declaration of intent expressed in electronic form is submitted to another person when introduced them to the center of the electronic communication in such a way that a person could get acquainted with its content.

Article. 62. [Death claim will] Declaration of intent, which is to be submitted to another person, does not lose power due to the fact that before that person there, it has died or has legal capacity, unless otherwise follows from the content of the claims, the Act or the circumstances.


Article. 63. [the consent of a third party] § 1. If to make legal action required the consent of a third party, the person may agree to also prior statements by persons dokonywające the steps either after its submission. Consent given after the submission of the Declaration has retroactive effect from its date.

§ 2. If the validity of a legal transaction is required to form a special, a statement covering the consent of a third party should be submitted in the same form.

Article. 64. [the decision of the Court replacing the Declaration of intent] final judgment the court stating the person's obligation to make declarations of intent marked, replaced by this statement.

Article. 65. [the interpretation of declarations of intent] § 1. The statement will be so translated, as required due to the circumstances in which it has been given, the rules of social conduct and established customs.

§ 2. Contracts should rather investigate what was compatible the parties ' intention and purpose of the agreement, rather than be based on its literal wording.

Article. 651. [the application of the provisions of the will of claims] claims Provisions will shall apply mutatis mutandis to other representations.

SECTION II the contract Art. 66. [offer] § 1. A statement on the other side will conclude a contract constitutes an offer, if it determines the relevant provisions of this agreement.

§ 2. If the offeror is not marked in the offer period, within which the expected response, the offer was made in the presence of the other party or by means of direct communication at a distance no longer involve, when there will be adopted without delay; in a different way is no longer associated with the passage of time, which could offer consists in the ordinary course of activities receive a reply sent without undue delay.

Article. 661. [offer in electronic form] § 1. Submission in electronic form binds the applicant, if the other party shall immediately confirm its receipt.

§ 2. Operator who submits a tender in electronic form is required prior to the conclusion of the contract to inform the other party in a clear and understandable of: 1) technical activities that make up the procedure for the conclusion of the agreement;

2) legal consequences of acknowledgement by the other party of the receipt of the offer;

3) principles and methods of preservation, securing, and sharing by the entrepreneur on the other side of the content of the contract;

4) methods and technical means for detecting and correcting errors in the input that is obliged to make available to the other party;

5) languages in which the agreement may be concluded;

6) ethical codes that apply, and their availability in electronic form.

§ 3. Provision in § 2 shall apply mutatis mutandis, if the entrepreneur serves the other party to enter into negotiations, for the submission of tenders or to the conclusion of the agreement in some other way.

§ 4. The provisions of § 1-3 shall not apply to the conclusion of contracts by electronic mail or similar measures of individual distance communication. They are also not apply in the relations between the entrepreneurs, if the parties so agreed.

Article. 662. [Appeal deals] § 1. In the relations between entrepreneurs offer may be withdrawn before the conclusion of the contract, if the statement of appeal is provided to the other party before its Declaration of acceptance of the offer.

§ 2. However, an offer cannot be revoked, if this is due to its content or specified in the date of adoption.

Article. 67. [response delay] If a statement of acceptance here of late, but with its contents or from the circumstances, it appears that has been sent in due time, the contract comes into effect, unless the other party without delay notify the who submits a tender, that as a result of a delay response acceptance agreement void.

Article. 68. [Reservation changes or additions offer] acceptance of the offer made subject to amendments or additions it imputed for a new offer.

Article. 681. [response to the offer] § 1. In the relations between the business response to the offer subject to amendments or additions to images that don't change significantly the content deals imputed for its adoption. In this case, the parties contracted with the content specified in the offer, taking into account the reservations contained in the response.

§ 2. The provision of the preceding paragraph shall not apply if the content of the offer indicated that it may be accepted only without reservations, or where the successful tenderer immediately objected to the inclusion of objections to the contract, or when the other party in response to the offer conditional on its acceptance of the consent of the bidder to include objections to the agreement, and consent shall not receive.

Article. 682. [the lack of immediate response] if the entrepreneur has from the person remains in solid economic relations, the conclusion of the agreement in the framework of its activities, the lack of immediate response imputed for acceptance of the offer.

Article. 69. [make offers] If fixed in the data relations habit or by content offers a handle to the applicant, on the other hand claim offer of its adoption is not required, in particular if the who submits a tender requests immediate implementation of the agreement, the agreement comes into effect, since the other party in due time proceed to its implementation; otherwise, the offer ceases to be associated.

Article. 70. [the moment and place of conclusion of the contract], § 1. In case of doubt, the agreement imputed to have been concluded on receipt by the applicant in the range of statements on its adoption, and if a handle to making the offer claims about its adoption is not required at the time of accession by the other party for the performance of the contract.

§ 2. In case of doubt, the agreement imputed to have been concluded in the place of receipt by the applicant in the range of statements on its adoption, and if a handle to an applicant offer a statement of its adoption is not required or the offer is made in electronic form – in the place of residence or seat of the applicant offer at the time of conclusion of the contract.

Article. 701. [Auction and tender] § 1. The agreement may be concluded by way of auction or tender.

§ 2. In the announcement of the auction or tender, you must specify the time, place, subject matter and the conditions of the auction or tender or indicate the way to provide these conditions.

§ 3. The advertisement, as well as the conditions of the auction or tender may be changed or revoked only if covered by this in their content.


§ 4. Organiser from the time share terms, and the successful tenderer from the time the offer in accordance with the announcement of the auction or tender shall proceed in accordance with the provisions of the notice and the conditions of the auction or tender.

Article. 702. [the conclusion of the agreement as a result of listing] § 1. Made in the course of the auction stops involve, when another participant of the auction (bidder) made the deal better, unless under the conditions of auction otherwise.

§ 2. The conclusion of the agreement as a result of the auction follows upon the award of the tender.

§ 3. If the validity of the contract depends on the specific requirements provided for in the Act, both the auctioneer and the participant, whose tender has been accepted, can assert the conclusion of the agreement.

Article. 703. [Prev. tender] § 1. Made in the course of the tender shall cease to incur when you selected another offer or when the tender was closed without selecting any of the offers, unless the tender conditions otherwise.

§ 2. The Organizer is obliged to immediately notify tenderers in writing about its outcome or to close the tender without making a choice.

§ 3. To determine the time of conclusion of the contract by tender, the provisions concerning acceptance of the offer, unless the tender conditions otherwise. Provision of art. 702 § 3 shall apply mutatis mutandis.

Article. 704. [Security] § 1. In the terms of the auction or tender, you can stipulate that the joining of the auction or tender should be avoid them, pay to the organiser a stated sum or establish appropriate protection of its payment (guarantee).

§ 2. If a participant of the auction or tender, in spite of his tender shall be repealed from the conclusion of the agreement, the validity of which depends on the specific requirements provided for in the law, the organizer of the auction or tender may downloaded sum of keep or claim settlement of collateral. In other cases, paid the security immediately, and established the security expires. If the organizer of the auction or the tender evades the conclusion of the agreement, their participant, whose tender has been selected, may require the payment of a double guarantee or repair the damage.

Article. 705. [invalidation of the contract], § 1. Organizer and participant of the auction or tender may request cancellation of the contract, if a party to this agreement, the other participant or a person acting in concert with them affected the outcome of the auction or tender in a way that is contrary to law or morality. If the agreement has been made on someone else's behalf, invalidity may require also the one on whose behalf the agreement is entered into, or the principal.

§ 2. The permission above shall expire at the end of the month from the date on which the eligible learned of the existence of the cause of the cancellation, but not later than on the expiry of one year from the date of conclusion of the contract.

Article. 71. [Invitation to enter into a contract] announcements, advertisements, price lists and other information directed to the public or to individuals, who consider themselves in the case of doubt, not for the offer, but an invitation to the conclusion of the agreement.

Article. 72. [Negotiations] § 1. If the parties are conducting negotiations for the conclusion of the agreement, the designated contract is concluded when the parties reach agreement as to all of its provisions, which have been the subject of negotiations.

§ 2. The party, which began or has negotiated in violation of good morals, in particular without any intention to conclude the contract, is obliged to repair the damage, which the other party has suffered through it, that counted on the conclusion of the agreement.

Article. 721. [confidentiality] § 1. If in the course of negotiations the Party released information subject to confidentiality, the other party is obliged to divulge and provide them with others and to not make use of this information for their own purposes, unless the parties have agreed otherwise.

§ 2. In the event of non-performance or improper performance obligations referred to in § 1, entitled may require the other party to compensate for damage or release obtained by its benefits.

SECTION III of the form of legal acts Article. 73. [Reservation form under the pain of nullity and for calls to specific effects] § 1. If the law reserves for legal action in writing, dokumentową or email, made without the restricted form is void only if the law provides for rigor.

§ 2. If the law reserves for legal action any other form of special, made without this form is invalid. However, this does not apply where the behavior of forms of special is reserved only for calls to certain legal effects.

Article. 74. [Reservation forms for the purposes of proof] § 1. Reservation in writing, documentary or electronic without rigor annulment has the effect that, in the event of failure to the restricted form is not in dispute is admissible evidence from witnesses, or of the hearing the parties on the fact of the steps. This provision shall not apply when the behavior of the written form, documentary or electronic is reserved only for calls to certain legal effects.

§ 2. However, despite the failure in writing, documentary or electronic for purposes of proof, evidence from witnesses or from a hearing of the parties is acceptable, if both parties so agree, requested by the consumer in a dispute with a trader or the fact of the legal action is contained sufficient prima facie evidence using the document.

§ 3. If written form, documentary or electronic is reserved for the claim of one of the parties, in the event of its failure to evidence from witnesses or from hearing the parties on the fact of this, is also permitted at the request of the other party.

§ 4. The provisions on the effects of failure to the written form, documentary or electronic for purposes of proof does not apply to legal transactions in relations between traders.

Article. 75. (repealed) Article. 751. [dispose of or lease company] § 1. Disposal or lease of the enterprise or establishment on the use should be made in writing with the signatures notarized certified.

§ 2. Divestiture belonging to a person in the register should be entered in the register.

§ 3. Provision in § 2 shall apply mutatis mutandis in the case of a lease of the undertaking or establishment for the use.

§ 4. The above shall not prejudice the provisions of the form of legal transactions concerning real estate.


Article. 76. [reservation of specific forms in the agreement] if the parties have in the contract that a particular legal action between them is to be made in a specific form, this action comes to fruition only with maintaining proprietary forms. However, where the parties have to make steps in writing, documentary or electronic format, without specifying the consequences of failure of this form, in case of doubt, acceptance that it was reserved exclusively for purposes of proof.

Article. 77. [change written agreement] § 1. Supplement or modification of the contract requires that the form that the law or the parties have planned to its conclusion.

§ 2. If the contract is concluded in writing, documentary or electronic, its solution with the agreement of both parties, as well as the withdrawal from or termination requires documentary form, unless the law or the contract stipulates a different form.

§ 3. If the contract is concluded in the form of special, its solution with the agreement of both parties is required such that the law or the parties have planned to its conclusion; While the withdrawal or termination should be identified by a letter.

Article. 771. [confirmation of the contract], § 1. When agreement between entrepreneurs without written form one party shall immediately confirm in writing addressed to the other party, and this letter contains the changes or additions to the agreement, which does not distort significantly its content, the parties contracted with the content specified in the confirmation letter, unless the other party is immediately objected in writing.

§ 2. When agreement between entrepreneurs without documentary form one party shall immediately confirm in a document addressed to the other party, and this document contains changes or additions to the agreement, which does not distort significantly its content, the parties contracted with the content specified in the confirmation document, unless the other party is immediately objected to the document.

Article. 772. [Declaration of intent in the form of a document] to preserve the documentary forms of legal action is enough to make a statement in the form of a document, in such a way as to determine the person making the statement.

Article. 773. [document] document is a medium that allows you to become acquainted with its contents.

Article. 78. [Behavior in writing] § 1. To preserve the written forms of legal action is enough to deposit personal signature on a document that covers the content of the declarations of intent. To the conclusion of the agreement is sufficient Exchange of documents covering the content of the declarations of intent, each of which is signed by one of the parties, or documents, each of which includes the content of the Declaration of intent of one of the parties, and it signed.

§ 2. (repealed)

Article. 781. [Declaration of intent in electronic form] § 1. To maintain the electronic forms of legal action is enough to make a statement in electronic form and marking it a qualified electronic signature.

§ 2. Declaration of intent submitted in electronic form is equivalent to the statement will in writing.

Article. 79. [an inability to write] a person, that cannot write may submit a declaration of intent in writing in such a way that will make the document tuszowy thumbprint, and next to the person authorised by the fingerprint tell her your name and submit your signature, or in the way that instead of making a statement to sign to a person authorized by him, and her signature will be certified by a notary public , the Mayor (Mayor, Mayor), Mayor, or Marshal of the selection that was made at the request of niemogącej.

Article. 80. (repealed) Article. 81. [a] § 1. If the law makes the validity or effects of legal action from the official credentials date, such attestation is also effective in respect of persons not participating in the making of this legal action (date uncertain).

§ 2. Legal action has a date certain in the cases of the following: 1) in the case of actions in any official document – from the date of the official document;

2) in the event of placement on the covering action document any mention by a State authority, the local government unit or by a notary – from the date of mention;

3) in the event of a timestamp to a qualified electronic time stamp a document in electronic form – from the date of repair of the qualified electronic time stamp.

§ 3. In the event of the death of one of the persons signed on the document the date of submission of the person signing on the document shall be deemed to be a from the date of the death of that person.

SECTION IV of the Defects in consent Art. 82. [lack of awareness or the freedom to take decisions] Void is a declaration of will made by person who for any reason was able to exclude conscious or free to take decision and an expression of will. This applies in particular to mental illness, mental deficiency, or other, even if transient, mental dysfunction.

Article. 83. [façade conceals] § 1. Void is a declaration of intent submitted to the other party by permission of convenience. If the statement has been made to conceal another legal action, the validity of the claim is assessed according to the properties of this action.

§ 2. Façade conceals a statement will not affect the effectiveness of paid legal action based on the apparent claim, if as a result of this, the third party acquires a right or is exempted from the obligation, unless it has acted in bad faith.

Article. 84. [error] § 1. In the event of an error as to the content of legal action can avoid the legal consequences of his declarations of intent. If, however, the Declaration of intent was submitted to another person, set aside from its legal effect is permissible only if the error was caused by this person, even without its fault, or if she knew it or could easily mistake noted; This restriction does not apply to legal royalty-free.

§ 2. You can rely only on an error justifying the assumption that if the applicant Declaration of intent was not under the influence of the error and evaluate the matter reasonably, not złożyłby a statement to this effect (essential).

Article. 85. [distortion of the declarations of intent by the Messenger] distortion of the declarations of intent by the person used to its message has the same effects as an error when the statement.


Article. 86. [Trick] § 1. If the error caused the other party to the deceit, the repeal of the legal effects of declarations of intent on the influence of the error may occur even if the error was not material, as well as, if not the content of the legal action.

§ 2. The trick of a third party shall constitute the ruse, if this attempt to know and not advised him of the other party or if legal action was free of charge.

Article. 87. [the threat] Who made a statement of will under the influence of illegal threats of the other party or a third party, this may waive the legal consequences of his statement, unless the circumstances show that he could be afraid that he himself or another person threatens serious danger personal or property.

Article. 88. [Revocation of declarations of intent] § 1. Set aside from the legal effects of declarations of intent that has been submitted to another person under the influence of an error or threats, followed by a statement in writing to that person.

§ 2. Permission to evade expires: on error – at the end of the year, and in the event of threats-from the end of the year from the moment when the State concerns had stopped.

Section V of the condition Article. 89. [Reservation condition] subject to the exceptions in the Act provided for or resulting from the properties of legal action, or stopping the effects of legal action you can make from the event future and uncertain (condition).

Article. 90. [Power backward condition] has been like a condition does not have retroactive effect, unless otherwise stated.

Article. 91. [execution by conditionally authorized] Conditionally authorized can perform all actions which seek to preserve its rights. Article. 92. [Regulation contrary to the condition] § 1. If legal action covering regulation law was provided, the subsequent regulation of this law are repealed as soon as the pre-condition to the condition as far as thwarting or limit the effect of the pre-condition to the condition.

§ 2. However, when on the basis of this regulation the third party acquires the right or is exempted from the obligation, shall apply mutatis mutandis the provisions for the protection of persons who in good faith have made legal action from an unauthorized person to dispose of.

Article. 93. [effects of rebellious adolescent children behavior] § 1. If a party, which depends on nieziszczeniu to condition, prevent in a manner contrary to the rules of social conduct as to condition, followed by such effects as if the condition is true.

§ 2. If a party, which depends on as to the condition, will lead in a manner contrary to the rules of social conduct to pre-condition to condition, followed by such effects as if the condition is not true.

Article. 94. [an unlawful Condition] Condition, as well as a condition to the contrary by law or the rules of social conduct shall entail the invalidity of the legal action, when it is conditional; shall be deemed to be non-proprietary when it is resolving.

DIVISION VI representative office chapter I General provisions Art. 95. [representation] § 1. Subject to the exceptions in the Act provided for or resulting from the properties of the legal action, you can make a legal action by the representative.

§ 2. Legal action by the representative within the limits of the attachment shall entail the effects directly for being represented.

Article. 96. [title restraints] empowered to act in someone else's name can be based on the law (legal representation) or on the statement is represented (power of attorney).

Article. 97. [presumption of attachment the person on the premises of the company] active Person in premises designed to support public acceptance in case of doubt, for the empowered to make legal transactions, which usually tend to be made from people using the services of this company.

Chapter II Mandate Article. 98. [types of power of Attorney] Attorney General holder for includes activities of day-to-day administration. For exceeding the scope of the normal Board you need is power of Attorney specifying their type, unless the law requires a power of attorney to the individual activities.

Article. 99. [a form of power of Attorney] § 1. If the validity of a legal transaction is a special form of power of Attorney, you need to make this step should be given in the same form.

§ 2. Attorney General should be under pain of annulment granted in writing.

Article. 100. [legal capacity of the representative], the fact that the delegate is limited in legal capacity, shall not affect the validity of the actions made by him on behalf of the principal.

Article. 101. [Revocation and termination of power of Attorney] § 1. Power of attorney can be revoked at any time, unless the principal renounced his appeal Attorney, for reasons justified the content of legal relationship contributing.

§ 2. Lashes expires with the death of the principal or agent, unless the mandate otherwise reserved for reasons justified the content of legal relationship contributing.

Article. 102. [refund of attorney document] after the expiry of the restraints the delegate is obliged to return the principal power of attorney document. May request a certified copy of this document; the expiry of the restraint should be writ selected.

Article. 103. [the contract without fixing] § 1. If contracting as a delegate has no restraints or exceeds its range, the validity of the contract depends on the acknowledgement by the person in whose name the contract was concluded.

§ 2. The other party may designate a person on whose behalf the agreement was concluded, the relevant time limit for confirmation of the contract; becomes free after the expiration of the statutory period.

§ 3. In the absence of confirmation of this, who has entered into an agreement in someone else's name, is obliged to return the received from the other party in performance of the contract, and to repair the damage, which the other party has suffered through it, that has entered into an agreement not knowing about the lack of restraints, or about its range.

Article. 104. [Unilateral action without attachment] Unilateral legal action made in someone else's behalf without attachment or in excess of its scope is invalid. However, when the Declaration has been lodged in someone else's name, agreed to the action without attachment, shall apply mutatis mutandis the provisions of conclusion of the contract without restraints.


Article. 105. [Act made after the expiry of the restraint] if a delegate after the expiry of the restraint will make on behalf of the principal legal act within the limits of the original fixtures, legal action is valid unless the other side of the restraints knew or could easily find out.

Article. 106. [Downstream agents] delegate can establish for a principal other agents only if such restraint is apparent from the content of the power of Attorney, with the law or with a legal relationship contributing.

Article. 107. [Attorney total] if the principal has established several agents with the same scope of restraints, each of them may act on their own, unless otherwise follows from the content of the power of attorney. This provision shall apply mutatis mutandis to the agents, which the delegate for the principal set.

Article. 108. [Act of representative] a delegate may not be the other party to the legal action, which make on behalf of the principal, unless otherwise follows from the content of the power of attorney or that due to the content of the legal action is excluded the possibility of infringement of the interests of the principal. This provision shall apply mutatis mutandis in cases where the agent represents both sides.

Article. 109. [legal representative] the provisions of this section shall apply mutatis mutandis in cases where the Declaration is to be made representative.

Chapter III Article Procuration. 1091. [Procuration] § 1. Procuration is a power of attorney granted by the operator subject to the obligation of an entry into the register of entrepreneurs, which includes a holder for judicial and extrajudicial activities that are related to running the company.

§ 2. You cannot limit the procuration with effect against third parties unless a special law provides otherwise.

Article. 1092. [form of procuration] § 1. Procuration should be under pain of annulment granted in writing. Provision of art. 99 section 1 does not apply.

§ 2. A proxy may be a natural person with full legal capacity.

Article. 1093. [divestiture] to the disposal of the company, to make a legal action on the basis of which is putting it to use, and to dispose of and burden on real estate attorney is required for a particular action.

Article. 1094. [Procuration total] § 1. Procuration may be granted several people including (procuration) or separately.

§ 11. Procuration may include fixing also or exclusively to carry out activities together with a member of the management organ or member authorized to represent a commercial partnership.

§ 2. Directed to the trader a statement or delivery of letters can be made to one of the persons who have been granted procuration.

Article. 1095. [branch Procuration] Procuration may be limited to the scope of the matters listed in the register of the branch enterprises (branch procuration).

Article. 1096. [transfer of procuration] Procuration cannot be transferred. Executive may appoint a representative for a particular action or some kind of action.

Article. 1097. [Reference procuration] § 1. Procuration may be cancelled at any time.

§ 2. Procuration expires as a result of the deletion of the registry operators, as well as the Declaration of bankruptcy, the opening of winding-up and the transformation of the trader.

§ 3. Procuration expires with the death of the last.

§ 4. The death of a trader or by the loss of legal capacity does not cause expiration of procuration.

Article. 1098. [notification of award of the procuration] § 1. Granting and revocation of procuration entrepreneur should throw into the register of entrepreneurs.

§ 2. Notification of the award of the procuration should determine its nature and, in the case of procuration total and procuration, referred to in article 1. 1094 § 11, the manner of its execution.

Article. 1099. (repealed) title V, the term Art. 110. [calculation of] if the Act, the decision of the Court or the decision of any other State body or legal action is not specifying how its calculation, the following rules apply.

Article. 111. [the term indicated on] § 1. The term marked in days ends with the expiry of the last day.

§ 2. Where a period expressed in days is some event, shall not be taken into account in calculating the deadline, the date on which this event occurred.

Article. 112. [the term marked in weeks, months, years] the term marked in weeks, months or years ends with the end of the day, that the name or the date corresponds to the initial day of the term, and if such day in the last month there was – on the last day of the month. However, when calculating the age of the individual at the beginning of the period expires on the last day.

Article. 113. [beginning, middle, end of the month] § 1. If the date is marked in the beginning, middle or end of the month, it is understood by the first, fifteenth or last day of the month.

§ 2. The term półmiesięczny is equal to fifteen days.

Article. 114. [the term monthly and annual] if the date is marked in months or years, and continuity of an appointment is not required, the month counts for thirty days, and the days of three hundred and sixty-five.

Article. 115. [holidays] If the end of the period for the implementation of activities falls on a day declared a public holiday for the holiday or on a Saturday, the time limit would expire the next day that is not a non-working day or Saturday.

Article. 116. [the provisions of condition] § 1. If the effects of legal action have arise within a given period of time, shall apply mutatis mutandis the provisions of condition precedent.

§ 2. If the effects of legal action to stop within a given timeframe, shall apply mutatis mutandis the provisions of condition that resolves.

TITLE VI limitation of claims Article. 117. [limitation Plea] § 1. Subject to the exceptions in the law, the right to property claims are barred.

§ 2. After the expiry of the limitation period, against who is eligible to claim, may waive his meet, unless you waive use limitation plea. However, a waiver of the plea before the expiry of the limitation period is invalid.

§ 3. (repealed)

Article. 118. [Duration limitation] If a special regulation provides otherwise, the limitation period is ten years, and for the periodic benefits claims and claims of business-three years.

Article. 119. [Shortening and extending the limitation periods] limitation periods may not be shortened or extended by legal action.


Article. 120. [start of the limitation period] § 1. The limitation period begins from the date on which the claim has become due. If the due date of the claim depends on taking specific steps by the holder, the period starts from the date on which the claim would be payable, had the right has taken action at the earliest possible time.

§ 2. The limitation period for claims for failure begins from the date on which the one against whom the claim is entitled to, did not apply to the content of the claims.

Article. 121. [suspension of the limitation period] the limitation period does not begin, and started is suspended: 1) as to the claims that have children against their parents – for the duration of the parental responsibility;

2) as to the claims that callers have full legal capacity, persons exercising custody or custody – by the time the exercise of custody or guardianship;

3) as to the claims, which have one spouse against the other – for the duration of the marriage;

4) as to all claims, when, for reasons of force majeure shall be entitled not to assert before a court or other body set up to resolve the cases of the kind – for the duration of the obstacle.

Article. 122. [Hold the end of the limitation period] § 1. The limitation period with respect to a person who does not have full legal capacity, may end up not earlier than two years from the establishment for her legal representative or from the removal of the causes of its establishment.

§ 2. If the limitation period is less than two years, his gear shall be counted from the date of the establishment of a legal representative or from the date on which it ceases cause its establishment.

§ 3. The above provisions shall apply mutatis mutandis to limitation against the person for which there is a basis to its total incapacitation.

Article. 123. [interruption of the limitation period] § 1. The limitation period be interrupted: 1) by any action before a court or other body appointed to resolve or enforce the claims of that type or arbitration, taken directly to investigation or establish or satisfy or claim;

2) by the recognition of the claim by the person against whom the claim is entitled to;

3) by the initiation of mediation.

§ 2. (repealed)

Article. 124. [limitation period after the break] § 1. After each interruption of the limitation period runs it again.

§ 2. In the event of interruption of the limitation period for an action in proceedings before a court or other body appointed to resolve or enforce the claims of that type either arbitration or by the initiation of mediation, the limitation period does not run again until this proceeding is completed.

Article. 125. [limitation periods after the release of the judgment], § 1. The claim stated by a final decision of a court or another body to resolve cases of that type or the judgment of the Court of arbitration, as well as claim established settlement concluded before the Court or arbitration or settlement concluded before the mediator and approved by the Court, are subject to over ten years, at least in terms of the limitation period for claims of this kind was shorter. If found in this way, the claim includes the provision of periodic, periodic benefits claim payable in future ages its 3-years.

§ 2. (repealed)

The BOOK of the SECOND property and OTHER PROPERTY RIGHTS title and ownership of the SECTION I General provisions Art. 126. (repealed) Article. 127. (repealed) Article. 128. (repealed) Article. 129. (repealed) Article. 130. (repealed) Article. 131. (repealed) Article. 132. (repealed) Article. 133. (repealed) Article. 134. (repealed) Article. 135. (repealed) Article. 136. (repealed) Article. 137. (repealed) Article. 138. (repealed) Article. 139. (repealed) SECTION (II) the content and execution of the ownership of the Article. 140. [ownership of] within the limits set by the law and the rules of social conduct the owner can, to the exclusion of other people, use the things in accordance with the socio-economic purpose of his rights, in particular, can retrieve the benefits and additional revenue from things. In the same limits may dispose of the thing.

Article. 141. (repealed) Article. 142. [State of higher necessity] § 1. The owner may not object to the use or even damaged or destroyed by another person, if it is necessary to ward off the danger of imminent personal goods directly to that person or a third person. You may, however, require compensation for the resulting damage from here.

§ 2. The above provision shall also apply in the event of danger of imminent financial goods, unless it threatens injury is, of course, and disproportionately less than the injury that could bear the owner as a result of the use of, damage to or destruction of the thing.

Article. 143. [Ownership of land] within the limits set by the socio-economic purpose of land ownership land extends to the space above and below its surface. This provision shall be without prejudice to the provisions governing the right to water.

Article. 144. [or fumes] property owner should in the exercise of their right to refrain from actions that interfere with the use of the real estate location above average as far as possible, resulting from socio-economic destiny real estate and local relations.

Article. 145. [the way you'll need to] § 1. If the property does not have the appropriate access to the public road or to belonging to the farm buildings, the owner may demand from landowners neighboring the establishment for consideration required an easement road (necessary).

§ 2. To carry out the road the necessary will, taking into account the needs of real estate without access to the public road, and with the least amount of burden on the land, by that way you want to. If you need to establish the road follows the sale of land or other legal action, and between interesowanymi to the agreement, the Court will order, in so far as it is possible to carry out the road by land, which were the subject of the legal action.

§ 3. To carry out the necessary routes should take account of the socio-economic interest.

Article. 146. [the way necessary for the holder] the provisions of the preceding article shall apply mutatis mutandis to the spontaneous the holder of real estate; However, the holder may request only the establishment of an easement.


Article. 147. [earthworks] Owner do not make earth-moving machinery in such a way that it threatened the neighboring property loss.

Article. 148. [Fruit] Fruits fallen from the trees or Bush on the ground nearby are its benefits. This provision shall not apply if the land adjoining is designed for use by the public.

Article. 149. [Deleting branches, fruit] the owner of the land may enter the land adjacent to remove the one hanging from the trees branches or fruit. The owner of the adjacent land may, however, require compensation for the resulting damage from here.

Article. 150. [Deleting roots] the owner of the land may truncate and keep for themselves the roots of passing from a neighboring land. The same applies to branches and fruits one hanging from a neighboring land; However, in the event that the owner should designate the appropriate neighbor previously deadline to remove them.

Article. 151. [crossing construction] if the erection of the building or other device exceeded without wilful boundaries of adjacent land, the owner of this land may not request reinstatement, unless without undue delay objected to crossing the border or that threatens him disproportionately great pity. It may require either an equitable remuneration in Exchange for the establishment of a suitable easements, or purchase a used part of the land, as well as that part of that as a result of the construction of lost economic importance for him.

Article. 152. [Distinction] adjacent land owners must to work together with the demarcation of the land and maintaining permanent border character; the costs of demarcation and the cost of equipment and the maintenance of permanent border characters are after the half.

Article. 153. [Fixing borders] If the boundaries of the land became contentious, and legal status cannot be concluded, shall be the boundaries according to the last peaceful State ownership. If also this State could not be established, and rozgraniczeniowe has not led to a settlement between the interesowanymi, the Court shall determine the boundaries of taking into account all the circumstances; can grant one of the owners of the relevant payment.

Article. 154. [devices at the border] § 1. It is presumed that the walls, fences, trenches, balks and other similar devices, located on the border of the neighbouring land, are used for common use. The same is true for trees and shrubs at the border.

§ 2. Use of these devices must be held together the costs of their maintenance.

SECTION III the acquisition and loss of the ownership of the Chapter and the transfer of ownership of the Article. 155. [consensual safeguard Agreement and real] § 1. The contract of sale, Exchange, donation, transfer of real estate or other binding agreement to transfer ownership of things as to the identity of the indicated moves to the buyer ownership, unless a special law provides otherwise or the parties otherwise agreed.

§ 2. If the subject of the contract which commits to transfer ownership are things marked only as to the species, to the transfer of ownership is needed to transfer ownership of things. The same applies if the subject of the contract which commits to transfer ownership are things to come.

Article. 156. [the validity of the contract transferring ownership of] If the conclusion of the agreement transferring ownership is in the implementation of the obligations under previously concluded agreement committing to transfer ownership, the plain, of unjust enrichment or other event, the validity of the contract transferring ownership depends on the existence of that obligation.

Article. 157. [Condition and term] § 1. The property property cannot be transferred provided nor subject to the deadline.

§ 2. If the binding agreement to transfer ownership of real estate is entered into subject to or subject to the deadline for the transfer of ownership need is additional agreement of the parties, including their unconditional consent to the immediate transition of ownership.

Article. 158. [form of deed] agreement binding to transfer ownership of the property should be included in the form of a notarial deed. The same applies to the agreement transferring ownership, which shall be concluded for the implementation of pre-existing obligations to transfer ownership of real estate; the commitment should be in the Act.

Article. 159. [contribution to the agricultural production cooperative] Provisions to preserve the form of a notarial deed shall not apply in cases where the land brought as a contribution to agricultural production cooperatives are to be jointly owned by the existing owners.

Article. 160. (repealed) Article. 161. (repealed) Article. 162. (repealed) Article. 163. (repealed) Article. 164. (repealed) Article. 165. (repealed) Article. 166. [right of first refusal co-owners] § 1. In the event of a sale by co-owner of agricultural property in joint ownership or part of the share to the other współwłaścicielom shall have the right of first refusal if the lead farm on the land. However, this does not apply if the co-owner of leading at the same farm sells its share in the ownership of the farm or when the buyer is another joint owner or person that it inherits the farm after the seller.

§ 2. (repealed) § 3. For sale by co-owner of agricultural property within the meaning of the provisions of the Act of 11 April 2003 on developing agricultural regime (OJ from 2016.2052 and 2260 and 2017. poz. 60) a share in the ownership of or part of applies the provisions of this Act.

Article. 167. (repealed) Article. 168. (repealed) Article. 169. [acquisition of unauthorized] § 1. If a person not eligible to dispose of the goods moving to and it seems the buyer disposes the buyer obtains ownership when placing things in possession, unless the acts in bad faith.

§ 2. However, when the thing lost, stolen or otherwise lost by the owner shall be disposed of before the end of the three years from the time of the loss, theft or loss of, the purchaser may get ownership until the expiry of the three-year period. This restriction does not apply to money and documents to bearer or things acquired on an official public auction or in the course of enforcement proceedings.

§ 3. The provisions of paragraph 1 and 2 shall not apply to things in the national registry of lost treasures.


Article. 170. [purchase things loaded] § 1. In the event of a transfer of ownership of movable, that is to pay the third party law, this right shall expire upon the release of things the buyer, unless the acts in bad faith. Recipe section of the second of the preceding article shall apply mutatis mutandis.

§ 2. Provision in § 1 shall not apply to the item entered in the national register of lost treasures.

Article. 171. (repealed) chapter II acquisitive prescription Article. 172. [the sitting Dates real estate] § 1. The holder of a non-real estate the owner acquires the property, if the property has continuously for twenty years as the holder of the self-existent, unless he have in bad faith (numb).

§ 2. After thirty years the holder of real estate acquires ownership, even if he obtained possession in bad faith.

§ 3. [1] to acquire agricultural property within the meaning of the provisions of the Act, referred to in article 1. 166 § 3, by numb can only individual farmer within the meaning of the provisions of this Act, if determined in accordance with the provisions of art. 5. 2 and 3 of this Act – the surface of agricultural property acquired with the agricultural real estate which are ownership does not exceed 300 ha of farmland.

Article. 173. [minor Protection] if the proprietor of real estate against which runs numb, is a minor, numb may not end up earlier than the expiry of two years from the of majority by the owner.

Article. 174. [the term sitting movable] § 1. The holder of the movable non-owner acquires ownership, if he has to continuously for three years as the holder of the self-existent, unless it has in bad faith.

§ 2. Provision in § 1 shall not apply to the item entered in the national register of lost treasures.

Article. 175. [sitting periods] to the acquisitive prescription shall apply mutatis mutandis the provisions of the limitation period of the claims.

Article. 176. [assign penalty time having its predecessor] § 1. If during the course of the sitting there has been a transfer of ownership, the current holder may add to the time that he has, the time having his predecessor. However, if the previous holder has obtained possession of the real estate in bad faith, its ownership can be added only when including the possession of the current holder is at least thirty years.

§ 2. The above provisions shall apply mutatis mutandis in cases where the present holder is heir to the previous holder.

Article. 177. (repealed) Article. 178. (repealed) chapter III Other accidents the acquisition and loss of the ownership of the Article. 179. (has power) Art. 180. [the abandonment of movable] owner may get rid of movable property by the fact that in the intention to abandon.

Article. 181. [clogging up movable] property of moving things anyone's is acquired by its inclusion in the possession of the spontaneous.

Article. 182. [a swarm of bees] § 1. A swarm of bees becomes itself, if the owner does not find it within three days from the date of wyrojenia. The owner of slow chasing swarm go on someone else's land, should fix the resulting from here.

§ 2. If the swarm settled in someone else's ulu unoccupied, the owner may demand the release of the swarm for reimbursement.

§ 3. If the swarm settled in someone else's ulu, it becomes owned by the whose property was the swarm, which is in the hive. Previous owner not entitled in this case, the claim for unjust enrichment.

Article. 183. (repealed) Article. 184. (repealed) Article. 185. (repealed) Article. 186. (repealed) Article. 187. [the acquisition of ownership of things found by the State Treasury or deal Finder] § 1. The thing that will not be found by the person entitled received within one year of the date of notification of the request to receive, (a) in the case of inability to call-within two years from the date of its find, becomes the property of the Finder, if he did it comply with its obligations. However, if the thing was given to people who helped, the Finder becomes the owner, if the benefit received in the designated by the Mayor.

§ 2. To found a monument or archive material after the expiry of the deadline for the receipt by the person entitled becomes the property of the State Treasury. Other things found will become the property of the County after the expiry of the deadline for their receipt by the deal Finder.

§ 3. Upon the acquisition of title by the deal Finder, district or State Treasury expire aggravating it limited rights in rem.

Article. 188. (repealed) Article. 189. [Monument or archive material] if an item found in such circumstances, that the search for the owner would be, of course, pointless, it becomes the subject of ownership in fractional parts Finder and owner of the property on which the benefit was found, however, if the item is a monument or the archive material, it becomes the property of the State Treasury, and the Finder is obliged to spend it immediately to the competent people who helped.

Article. 190. [purchase benefits natural] Entitled to the beneficial use of natural things acquire their ownership by disconnecting them from things.

Article. 191. [combination of movable with immovable property] Property real estate extends to mobile, which was connected with immovable property in such a way that it has become a part of it.

Article. 192. [Processing things] § 1. The one who has created a new movable with someone else's materials, it becomes the owner, if the value of the effort is greater than the value of the materials.

§ 2. If processing was made in bad faith or if the value of the materials is greater than the value of effort, produced becomes the property of the owner of the materials.

Article. 193. [link, confusion], § 1. If the movable have been combined or mixed up in such a way that restitution would be associated with excessive difficulties or costs, existing owners become co-owners of the whole. Shares in the ownership of means according to the relative value of things connected or mixed.

§ 2. However, when one of the things linked has a value much higher than the other, things become less of its component parts.

Article. 194. [relationship to other legislation] rules of processing, combination and confusion are without prejudice to the provisions on the obligation to compensate for damage or rules of unjust enrichment.

SECTION IV-ownership


Article. 195. [ownership of] ownership of the same things they may have several people (joint ownership).

Article. 196. [types of ownership] § 1. Joint ownership is either jointly owned in fractions, or jointly owned by total.

§ 2. Ownership of the total shall be governed by the provisions concerning relations, from which it derives. To joint ownership in fractional parts shall apply the provisions of this chapter.

Article. 197. [Shares of co-owners] it shall be presumed that the shares of the co-owners are equal.

Article. 198. [Regulation involving] each of the joint owners may dispose of its share without the consent of the other co-owners.

Article. 199. [Activities exceeding the scope of the normal board] to dispose of the goods in common, and to other actions that are beyond the scope of day-to-day administration, need the consent of all the co-owners. In the absence of such consent of the co-owners, which shares shall be at least half may require adjudication by the Court which determines that, with regard to the purpose of the proposed activities and the interests of all co-owners.

Article. 200. [obligation to cooperate in the management board] each of the joint owners shall be obliged to cooperate in the Management Board of the thing.

Article. 201. [Ordinary board] to clear the Board thing common consent is needed most of the co-owners. In the absence of such consent, each of the joint owners may request the judicial authority to make.

Article. 202. [to settle the dispute by the Court] if a majority of the co-owners decides to take actions blatantly contrary to the principles of proper management thing in common, each of the other joint owners can request a decision by the Court.

Article. 203. [the appointment of trustee] each of the joint owners may apply to the Court for the appointment of the trustee, if you can't get the consent of the majority of the co-owners in important matters of day-to-day administration or if a majority of the co-owners infringes the principles of proper administration or hurt minority.

Article. 204. [calculation of the most] the majority of the co-owners shall be calculated according to the amount of the shares.

Article. 205. [remuneration of the insolvency administrator] Co-owner with the Board thing shared may request from the other co-owners of the remuneration corresponding to the justified are Al his work.

Article. 206. [Powers co-owner] each of the joint owners shall be entitled to co-ownership of the common things and to use the service in so far as this is incompatible with the współposiadaniem and the use of the goods by the other co-owners.

Article. 207. [Income and expenses] Benefits and other income on things common fall współwłaścicielom relative to the size of the shares; in the same proportion the co-owners shall bear the expenses and burdens related to the thing.

Article. 208. [Account Management] each of the joint owners niesprawujących the Board thing common can request in the relevant dates of account management.

Article. 209. [Steps conservative] each of the joint owners may perform all activities and to assert all claims, which seek to preserve the common law.

Article. 210. [the Elimination of ownership] § 1. Each of the joint owners may request the abolition of the co-ownership. This permission may be excluded by legal action for not more than five years. However, in the last year before the end of the retention period is acceptable to its extension for a further five years; extension, you can try again.

§ 2. The abolition of the joint ownership of agricultural property and the holding within the meaning of the provisions of the Act, referred to in article 1. 166 section 3, taking account of the provisions of this Act.

Article. 211. [the Division of the common thing] each of the joint owners may require in order to abolish the ownership occurred by dividing things common, except that the distribution would be contrary to the provisions of the law or socio-economic purpose of things or that entail a significant change things or significantly reduce its value.

Article. 212. [Judicial abolition of the co-ownership] § 1. If the abolition of joint ownership occurs under the decision of the Court, the value of the individual shares may be compensated by cash payments. In the distribution of land, the Court may charge the individual parts necessary for the służebnościami plots.

§ 2. The thing that cannot be divided, may be granted as appropriate to one of the joint owners with the obligation to repay the remaining or sold pursuant to the provisions of the code of civil procedure.

§ 3. If the payments were established or repayment, court mark the term and the way they pay, the amount and date of payment of interest and, if necessary, the manner of their security. In the event of a distribution of the payments and payments on installment deadlines for payment may not exceed a total of ten years. In cases worthy of special consideration at the request of the debtor, the Court may postpone the deadline for payment of instalments already due.

Article. 213. [the Division of farm] § 1. If the abolition of joint ownership of an agricultural holding by the split between the joint owners would be contrary to the principles of sound agricultural economy, the Court shall grant the holding ago współwłaścicielowi, on whose agree all co-owners.

§ 2. The award by the Court holding within the meaning of the provisions of the Act, referred to in article 1. 166 section 3, taking account of the provisions of this Act.

Article. 214. [Judicial abolition of the ownership of the farm] § 1. In the absence of the consent of all the co-owners, the Court will grant farm from them that it operates or in the works, unless the interest of the socio-economic reasons for the choice of another co-owner.

§ 2. If the conditions provided for in the preceding paragraph complies with several co-owners or if it does not meet their none of the joint owners, the Court will grant farm from them, which gives the best guarantee of its sound.

§ 3. At the request of all co-owners court orders sale of the agricultural holding which, subject to the provisions of the code of civil procedure, and in the case of an agricultural holding within the meaning of the provisions of the Act, referred to in article 1. 166 section 3, taking account of the provisions of this Act.


§ 4. The sale of the agricultural holding court orders also in case you do not agree by any of the joint owners to grant him a farm.

Article. 215. [the application of the provisions on the distribution of holding and the legal abolition of the ownership of] the provisions of the preceding two articles shall apply mutatis mutandis in cases where the farm can be divided, but the number of separate parts is less than the number of co-owners.

Article. 216. [Repayments] § 1. The height of the rights współwłaścicielom repayments with the agricultural holding shall be determined according to their compatible agreement.

§ 2. In the absence of such agreement the repayment rights of współwłaścicielom can be reduced. In determining the degree of reduction shall be taken into account: 1) the type, size and condition of the agricultural holding which is the subject of the abolition of the joint ownership;

2) personal circumstances and property co-owner liable for repayments and co-owner of the authorized to receive them.

§ 3. Reduction in payments, according to the provision of the preceding paragraph shall not preclude the distribution of their HP or postpone their consideration, pursuant to the provision of art. 212 § 3.

§ 4. The provisions of § 2 and 3 shall not apply to payments to a spouse in the event of the abolition of the joint ownership of the agricultural holding, which according to the provisions of the family code and caring belongs to the common property of the spouses.

Article. 217. [Aligning repayments] co-owner, that as a result of the abolition of co-ownership has a farm, and the farm agricultural real estate sold for a fee before the expiry of five years from the date of the abolition of joint ownership, is obliged to the other współwłaścicielom, which coincided with the repayment lower than the payable, spend — in proportion to the size of their shareholding, the benefits obtained with lower payments, unless the purpose of the disposal is to ensure the rational pursuit of that holding.

Article. 218. [Permission to continue living] § 1. Co-owners, who have not received the holding or part of it, but until the abolition of joint ownership on the farm they lived, retain the power to continue to reside, however, for not more than five years, and when at the time of the abolition of joint ownership are minor – no more than five years after achieving majority. Limitation of the term above, does not apply to joint owners permanently unable to work.

§ 2. To the rights under the preceding paragraph shall apply mutatis mutandis the provisions of an easement of the apartment.

Article. 219. (repealed) Article. 220. [Exclusion of limitation] claim for abolition of joint ownership is not barred.

Article. 221. [Buyer participation] legal acts governing the management and use of the things common or exclude the power to abolish the ownership take effect also in relation to the purchaser of the share, if the purchaser of them knew or could easily find out. The same applies to cases where the use of the thing was given a judicial decision.

Section V protection of property Article. 222. [the claim recovery and an injunction would then have] § 1. The owner may demand from the person that he is actually his thing so that thing has been issued, unless the person entitled to the effective relative to the owner permission to wielding thing.

§ 2. Against a person who violates the property otherwise than by the owner of the actual power over the thing, the owner is entitled to a claim for relief is compatible with the law and the injunction.

Article. 223. [Exclusion of limitation] § 1. The claim of the owner as provided for in article not barred, if the subject property.

§ 2. (repealed) § 3. (repealed) § 4. The claim of the owner referred to in art. 222 § 1, shall not be barred if it concerns things entered in the national register of lost treasures.

Article. 224. [Autonomous possessor in good faith], § 1. Intrinsic the holder in good faith is not obliged to pay for the use of things, and is not responsible or for consumption, or for its deterioration or loss. Acquires ownership of the natural benefits that you have from things isolated during his ownership, and retains downloaded civil fruits, if they became due and payable at that time.

§ 2. However, from the moment in which the intrinsic, the holder in good faith he learned of the action has been an action against him for things, he is obliged to pay for the use of the goods and is responsible for the consumption, the decrease or loss, unless the decrease or loss occurred without his fault. Is obliged to return the collected from this moment the benefits, which are not consumed, as well as to pay the value of those that consumed.

Article. 225. [Autonomous possessor in bad faith] Obligations inherent holder in bad faith relative to the owner are the same as the obligations of spontaneous holder in good faith from the time in which the learned of the subsequent proceedings against him for things. However, autonomous holder in bad faith must also return the value of benefits, which because of the bad economy was not, and is responsible for the deterioration and loss of things, unless the thing would have been impaired or loss, even if it was in the possession of the holder.

Article. 226. [payback] § 1. Intrinsic the holder in good faith can claim the expenses necessary in so far as they do not have coverage in benefits, which he obtained with things. The return of other inputs may require as much as increase the value of the thing at the time of its release to the owner. However, when the inputs are made after the date on which the autonomous holder in good faith he learned of the action has been an action against him for things he can recall only the inputs required.

§ 2. Intrinsic holder in bad faith may demand only return necessary, and then only in so far as the owner of wzbogaciłby to unduly its cost.

Article. 227. [Objects linked] § 1. Intrinsic holder may, restoring the previous state, take items, which merged with the thing, at least in terms of her constituents.


§ 2. However, when a connection has made itself the holder in bad faith or autonomous holder in good faith after the time at which he learned of the subsequent proceedings against him for things, the owner may attached items stop, turning come out to the holder of the their value and the cost of labour or the sum corresponding to the increase in the value of things.

Article. 228. [Autonomous holder of State property] provisions specifying the rights and obligations of the spontaneous the holder in good faith from the time in which he learned he had brought an action against him for things, shall also apply in cases where the holder of the intrinsic things of State property has been summoned by the competent State authority to release things.

Article. 229. [limitation of claims against come out the holder] § 1. The claim against the owner come out to the holder of the remuneration for the use of the things, for refund of benefits or for payment of their value, as well as claims for damages due to the deterioration of the things barred at the end of the year from the date of returning the goods. The same applies to claims of spontaneous holder against the owner of the payback on the thing.

§ 2. (repealed)

Article. 230. [the holder depends on] provisions for claims against the owner come out to the holder of the remuneration for the use of the things, for refund of benefits or for payment of their values and damages due to deterioration or loss of things, as well as provisions for claims of spontaneous holder of payback for shall apply by analogy to the relationship between the owner of the thing and a subsidiary, in so far as the provisions governing this ratio does not imply anything else.

Article. 231. [building erected on someone else's ground] § 1. Intrinsic ground holder in good faith, that he built on the surface or beneath the surface of the land the building or other device with a value of transferring substantial value used for this purpose of the plot, may require that the owner has moved him ownership of the affected parcel appropriate remuneration.

§ 2. The owner of the land on which the building was constructed, or other device with a value of transferring substantial value used for this purpose of the plot, may require the person who erected the building, or other device, purchased from the ownership of the plot for the appropriate remuneration.

§ 3. (repealed)

TITLE II of the perpetual use of the Article. 232. [use of perpetual] § 1. Land owned the State Treasury and located within the administrative borders of cities and State-owned land located outside, but included in the spatial plan of the city and passed to the performance of the tasks of its economy, as well as land owned local government units or their compounds can be put in use of perpetual physical persons and legal persons.

§ 2. In the cases provided for in specific legislation the subject of perpetual usufruct can be also other land of the State Treasury, local government units or their compounds.

Article. 233. [powers of perpetual] within the limits specified by the Act and the rules of social conduct and by the agreement about putting ground State or land belonging to the local government units or their compounds in use of perpetual, you can use the land to the exclusion of other people. In the same limits you can your perpetual law disposed of.

Article. 234. [Putting the land in perpetual] to donate of land the State Treasury or land belonging to the local government units or their compounds in use of perpetual shall apply mutatis mutandis the provisions of the transfer of title to real property.

Article. 235. [ownership of buildings and units] § 1. Buildings and other devices built on the grounds of the State Treasury or land belonging to the local government units or their compounds by the perpetual user are its property. The same applies to buildings and other devices that perpetual you acquired in accordance with the relevant provisions on the conclusion of the contract about putting land in use.

§ 2. The possibility for the wieczystemu the user ownership of the buildings and equipment on your ground is right related to use in perpetuity.

Article. 236. [duration of the usufruct] § 1. Putting State-owned land or land belonging to the local government units or their compounds in use of perpetual follows for a period of ninety-nine years. In exceptional cases, when the target economic perpetual usufruct does donate land for ninety-nine years old, it is permissible to donate the land for a period of less, at least however, for forty years.

§ 2. In the last five years before the end of the reserved in the contract term perpetual user can request its extension for a further period from forty to ninety-nine years; However, perpetual you may previously occur with such a request, if the depreciation period intended on your ground inputs is much longer than the time that remains until the reserved in the contract period. The refusal of the extension is acceptable only because of the important public interest.

§ 3. The contract for the extension of the perpetual use should be included in the form of a notarial deed.

Article. 237. [transfer of usufruct] To transfer of usufruct shall apply mutatis mutandis the provisions of the transfer of title to real property.

Article. 238. [annual] Perpetual user pays for the duration of their rights the annual fee.

Article. 239. [content of agreement a perpetual use] § 1. How to use State-owned land or land belonging to the local government units or their compounds by the perpetual user should be specified in the contract.

§ 2. If putting the land in perpetual usage in order to ascend on buildings or other devices, the agreement should specify the following: 1) term start and end work;

2) the type of buildings or equipment and to keep them in good condition;

3) the conditions and the period of reconstruction in the event of the destruction or demolition of buildings or equipment during the usufruct;

4) remuneration payable wieczystemu to you by buildings or units on the ground on the day of expiration of the usufruct.


Article. 240. [Solution before the] agreement of putting State land or land belonging to the local government units or their compounds in perpetual usage may be a solution before the end of the specified in the appointment, if the user uses a perpetual land obviously contrary to its intended use specified in the contract, in particular if, contrary to the contract you are not constructed as set out in the buildings or equipment.

Article. 241. [expiration of load], along with the expiration of the usufruct expires laid down a load on it.

Article. 242. (repealed) Article. 243. [limitation of claims against the wieczystemu user] Claim against wieczystemu you to make good the damage resulting from improper use of the ground State or land belonging to the local government units or their associations, as well as claim perpetual user to pay for buildings and equipment existing on the day of your return of the land at the end of the barred three years from that date.

TITLE III rights in rem limited DIVISION I General provisions Art. 244. [catalog limited rights in rem], § 1. Limited rights in kind are: use, easement, pledge, cooperative ownership right to the premises, and a mortgage.

§ 2. Cooperative ownership right to the premises, and the mortgage is governed by separate rules.

Article. 245. [the establishment of a limited right in rem] § 1. Subject to the exceptions in the Act, for the establishment of a limited right in rem shall apply mutatis mutandis the provisions of the transfer of ownership.

§ 2. However, for the establishment of a limited right in rem in immovable property shall not apply the provisions on the inadmissibility of a condition or term. The form of a notarial deed is required only for the claim owner that right establishes.

Article. 2451. [transfer of a limited right in rem] to transfer a limited right in rem in immovable property needed is agreement between the entitled and the buyer and, if the law is revealed in the land register-entry to this book, unless a special law provides otherwise.

Article. 246. [waiver] § 1. If you waive a limited right in rem, this right expires. A declaration of surrender pursuant to law should be submitted to the owner of the biased stuff.

§ 2. However, where this Act provides otherwise, the law was revealed in the land register, for its expiration deletion is needed right from the land and mortgage register.

Article. 247. [Go laws to the owner of the things] Limited right in rem shall lapse if the will of the owner of the things loaded or if the right to such, acquires ownership of the biased stuff.

Article. 248. [change content rights] § 1. To change the content of a limited right in rem need agreement between the entitled and the owner of the thing loaded, and if the law was revealed in the land register-entry for this book.

§ 2. If you change the content of the law affects the rights of a third party, to change that person's consent is needed. Statement of the third party should be made of one of the parties.

Article. 249. [Priority limited rights in rem], § 1. If some limited rights in rem shall be debited to the same thing, right arising later shall not be exercised to the detriment of the rights created earlier (priority).

§ 2. The above provision does not prejudice the provisions that determine precedence differently.

Article. 250. [change priority] § 1. Precedence over the limited rights in rem can be changed. The change does not affect the rights that have priority lower than the right, second priority, and higher than the right, which gets precedence over the outgoing law.

§ 2. To change the priority of rights in rem limited agreement is needed between this, whose law is to give priority to, and whose law is to get priority over the outgoing law. If one of these rights is revealed in the land register, is also an entry in the land register.

§ 3. Change priority becomes inoperative on expiry of rights recovery priority.

Article. 251. [Protection of rights in rem limited] To the protection of the rights of property, limited shall apply mutatis mutandis the provisions for the protection of property.

SECTION II use of chapter I General provisions Art. 252. [use of] Thing can be ordered right to its use and to retrieve its benefits (use).

Article. 253. [restricting the scope of use] § 1. The scope of use can be restricted by disabling the marked benefits things.

§ 2. The execution of the use of property may be limited to the marked part.

Article. 254. [non-transferability of use] Use is non-negotiable.

Article. 255. [Termination of use] Use expires as a result of failure by ten years.

Article. 256. [the exercise of the right of use], the user should exercise their right in accordance with the requirements of the normal economy.

Article. 257. [the use of the means of production team] § 1. If your use includes specific means of production, you may within the limits of the normal economy replace individual components. Enabled in this way, the components become the property of the owner of your team of the means of production.

§ 2. If used, the team of the means of production to be returned according to the estimation, the user acquires ownership of its individual components as soon as he was released; After termination of use is obliged to return the team of the same type and the same values, unless otherwise stated.

Article. 258. [Bearing loads] in mutual relations between the user and the owner you are weights, which, in accordance with the requirements of a valid economy should be borne by the beneficial use of things.

Article. 259. [Input owner] Owner is under no obligation to do the effort for laden use. If such investments made, can the user to request their return under the provisions of the conduct of the Affairs of another without order.

Article. 260. [Inputs] § 1. The user is obliged to make repairs and other expenses associated with the normal use of the things. The need of other repair and should immediately notify the owner, and allow him to make the necessary works.

§ 2. If you made the expenditure to which it was not obliged to, shall apply mutatis mutandis the provisions of the conduct of affairs without the order.


Article. 261. [third party Claim] if a third party comes against you for claims relating to the ownership of things, the user should immediately inform the owner.

Article. 262. [Return things] after termination of use, the user is obliged to pay to the owner in this state they should be according to the rules about how to use.

Article. 263. [limitation of claims against you] owner's Claim against you for damages due to the deterioration of things or about payback for, as well as your claim is against the owner of payback to expire at the end of one year from the date of returning the goods.

§ 2. (repealed)

Article. 264. [Use invalid] if the use of include money or other things labeled as to the genre, the user gets when they give him the items of their own. After the termination of the use is obliged to return under the provisions of the reimbursement of loans (the use of invalid).

Article. 265. [Use Rights] § 1. The subject of use may also be right.

§ 2. To use the rights shall apply mutatis mutandis the provisions of the use of things.

§ 3. To establish the use of the law shall apply mutatis mutandis the provisions of the transfer of that right.

Chapter II Use by individuals Art. 266. [expiration] Use laid down for the benefit of a natural person shall expire at the latest with her death.

Article. 267. [powers and duties] § 1. The user is obliged to keep the substance of things and its current use.

§ 2. However, the user of the land can build and operate new equipment for the extraction of minerals from the behavior of the geological and mining law.

§ 3. Before work you should in due time, inform the owner about their intention. If the intended devices alter the local zoning or violate the requirements of a valid economy, the owner may request their omissions or secure a claim for damages.

Article. 268. [new equipment] user can assume in the premises of the new device in such limits as the tenant.

Article. 269. [Protection, the appointment of the liquidator] § 1. The owner can for important reasons require the user security, setting it in the appropriate term. After the expiration of the statutory period the owner may apply to the Court for the appointment of a liquidator.

§ 2. You may request the annulment of the Board of Directors, if gives the correct security.

Article. 270. [protection by the use of incorrect] owner may refuse to subject the use of invalid until it receives the appropriate security.

Article. 2701. (repealed) chapter III the use by agricultural cooperatives Article. 271. [ground Treasury] Use of land owned by the State Treasury may be established for the agricultural production cooperatives as a right forward or as a right without time limit. In any event, the use of such shall cease upon the liquidation of the cooperative.

Article. 272. [Ownership buildings] § 1. If agricultural production cooperatives is passed to use built-in the ground State, the transfer of buildings and other devices can be either to use or ownership.

§ 2. Buildings and other facilities built by the agricultural production cooperative in your soil by the Treasury, are the property of the cooperative, unless in the decision to transfer the land has been reserved, that have become the property of the State Treasury.

§ 3. Separate ownership of the buildings and other equipment, as provided for in the preceding paragraphs, is a right related to use of the land.

Article. 273. [ownership of buildings after the expiry of the usage] if the ground State by agricultural production cooperative has expired, buildings and other devices permanently from the ground and the owned cooperatives will become the property of the State Treasury. The cooperative may request payment of the value of these buildings and equipment at the date of the expiry of use, unless they have been erected contrary to socio-economic purposes.

Article. 274. [trees and other plants] rules on ownership of the buildings and other facilities on the grounds of the State Treasury agricultural production cooperative by your shall apply mutatis mutandis to the trees and other plants.

Article. 275. [Revision of land] Rolnicza spółdzielnia produkcyjna can change the articles used by each State-owned land or affect their substance, unless in the decision to transfer the land otherwise stipulated.

Article. 276. (repealed) Article. 277. [ground Cartridges], § 1. If agricultural production cooperatives statute or agreement with a member of a cooperative, the cooperative decides otherwise acquires upon acquisition brought by members of the contributions of groundwater use.

§ 2. For contributions groundwater shall not apply the provisions on the obligation to form of a notarial deed with the establishment of the use of the property.

Article. 278. [Powers arising from the Statute] Statute of the agricultural production cooperative may provide that, where required by the proper execution of the tasks of the cooperative-it has the permission to change the destination ground cartridges and permission to breach their substance or one of these permissions.

Article. 279. [ownership of buildings and plants] § 1. Buildings and other facilities built by the agricultural production cooperative on the basis of which contributions become the property of the land. The same applies to trees and other plants planted or sown by the cooperative.

§ 2. In the event of expiry of the land use land, on which buildings or equipment owned by the cooperative, can be by cooperative acquired ownership against payment value at the date of the expiry of the use. Trees and other plants planted or sown by the cooperative become the property of the owner of the land.

Article. 280. (repealed) Article. 281. (repealed) Article. 282. (repealed) chapter IV Other accidents use Article. 283. (repealed)


Article. 284. [the application of the provisions of the Act relating to other cases of use by legal persons] To other accidents of use by legal persons shall apply the provisions of chapter I and chapter II of this chapter, unless the use is not otherwise regulated by separate regulations.

SECTION III of chapter I of the easement an easement ground Article. 285. [ground Servitude] § 1. The property can be ordered on behalf of the owner of the other real estate (property władnącej) law, the content of which is, or that the owner of real estate władnącej can use within a given range from property loaded, or that the property owner loaded is limited in capacity to make in relation to the specific activities, or that the owner of the real estate loaded do not perform the specified permission, which he terms real estate władnącej are entitled to on the basis of the provisions of the content and the exercise of ownership (ground servitude).

§ 2. Servitude groundwater may have only to increase the usefulness of the real estate władnącej or its designated parts.

Article. 286. [the establishment of an easement for agricultural production cooperative] for agricultural production cooperative, you can establish a servitude groundwater regardless of whether the cooperative is the owner of the land.

Article. 287. [the scope and enforcement of easements] scope of easements and the manner of its exercise is, in the absence of other data, according to the rules of social conduct, taking into account the customs of the locals.

Article. 288. [the way] ground Servitude should be done in such a way that the least restricted the use of biased real estate.

Article. 289. [maintenance of devices] § 1. In the absence of a different agreement to maintain equipment needed to perform the easements shall be debited to the owner of the property władnącej.

§ 2. If the obligation to maintain such equipment has been put on the property owner loaded, the owner also is responsible for performing this obligation. The personal liability of the co-owners is joint and several.

Article. 290. [the Division of real estate] § 1. In the case of the Division of real estate władnącej easement remains in force for each of the parts created by the Division; However, when the easement increases the usability of only one or a few of them, the property owner may request the exemption the biased easement terms part of the other.

§ 2. In the event of Division of property loaded servitude remains in force for parts of the created by the Division; However, when executing an easement is limited to one or a few of them, the owners of the remaining parts can request their exemption from the easement.

§ 3. If the result of the Division of real estate władnącej or property loaded way to execute an easement requires changes, this way in the absence of agreement between the parties will be determined by the Court.

Article. 291. [change content of an easement] If after establishment of easements the emergence of important economic need, the property owner can request a change for consideration the biased or how to do easements, unless the requested change would bring disproportionate harm real estate władnącej.

Article. 292. [Limitation] ground Servitude can be acquired by numb only when is the use of durable and visible device. The rules on the acquisition of ownership of real estate by limitation shall apply mutatis mutandis.

Article. 293. [Expired] § 1. Servitude due to expire for years non-soil ten.

§ 2. If the content of the easements is the obligation to nieczynienia, this provision shall apply only if the property exists since ten years the biased things contrary to the wording of the easement.

Article. 294. [the abolition of reward] property owner loaded may demand the abolition of easements for remuneration, if as a result of changes in relations of servitude became for him a particularly arduous, and it is not necessary for the correct use of the władnącej property.

Article. 295. [Abolition without compensation] if the ground for władnącej real estate lost its servitude any importance, property owner loaded may require the abolition of servitude without compensation.

Chapter II Easement personal Article. 296. [personal Servitude] Property can be ordered for the natural person designated by law, the content of which corresponds to the easements (easement personal).

Article. 297. [the provisions of służebnościach groundwater] To personal easement shall apply mutatis mutandis the provisions of służebnościach groundwater while maintaining the provisions of this chapter.

Article. 298. [the scope and exercise of] the scope of the easement and the manner of its exercise is, in the absence of other data, according to the personal needs of an authorized taking into account the principles of social coexistence and the customs of the locals.

Article. 299. [Expire] expires on the death of the holder's personal Servitude, at the latest.

Article. 300. [Inalienable] Easement personal are non-transferable. Also, you cannot transfer permissions to their execution.

Article. 301. [Servitude apartment] § 1. With servitude apartment may take the spouse and minor children. Other people may adopt only if they are maintained by him or needed in the household. Children adopted as a minor can stay in the apartment after obtaining a majority.

§ 2. You can make an appointment, that after the death of the qualified easement flats will be his children, parents and spouse.

Article. 302. [Use of] § 1. With servitude of the apartment can use the premises and equipment intended for the common use of residents in the building.

§ 2. To the mutual relations between the residents and the owner of the apartment the biased real estate easement shall apply mutatis mutandis the provisions of use by natural persons.

Article. 303. [Replacement pension] If the holder of the title of an easement personal may be blatant shortcomings in the exercise of his rights, property owner loaded may require conversion of an easement on a disability pension.


Article. 304. [exclusion of acquisitive prescription] personal Easement cannot be purchased by numb.

Article. 305. [payment of the loaded property to cooperatives] if the property charged easement personal was brought in as a contribution to the agricultural production cooperatives, the cooperative can for important reasons require changes to how to perform an easement or its conversion into a pension.

Chapter III of the Easement transmission Article. 3051. [Load property on behalf of a trader] Property can be ordered on behalf of a trader who wishes to build or the ownership of the equipment referred to in article 1. 49 § 1, the law says that an entrepreneur can use within a given range from property loaded in accordance with the intended purpose of these devices (easement transmission).

Article. 3052. [denial of the conclusion of the agreement for the establishment of an easement of transmission] § 1. If the landlord refuses the conclusion of the agreement for the establishment of an easement of transmission, and it is necessary for the proper use of the equipment referred to in article 1. 49 § 1, the entrepreneur can request the establishment of a reasonable remuneration.

§ 2. If the trader refuses to conclude an agreement for the establishment of an easement of transmission, and it is necessary to use the devices referred to in article 1. 49 § 1, the property owner may demand an appropriate remuneration in Exchange for the establishment of an easement of transmission.

Article. 3053. [Easement transmission] § 1. Easement transmission passes to the purchaser of the undertaking or the purchaser of the equipment referred to in article 1. 49 § 1.

§ 2. Easement transmission shall expire no later than the end of the liquidation of the company.

§ 3. After the termination of the easement transmission on the trader to remove the devices referred to in article 1. 49 § 1, impeding the use of the property. If this would result in excessive difficulty or expense, the entrepreneur is obliged to repair the resulting damage from here.

Article. 3054. [the application of the provisions to the easement transmission] to the easement transmission shall apply mutatis mutandis the provisions of służebnościach.

SECTION IV Chapter Pledge and a lien on the things moving Article. 306. [Deposit] § 1. In order to safeguard the designated claims may be movable to charge the law under which the creditor will be able to claim the satisfaction of things no matter whose became owned by, and with priority over creditors of the owner of the personal things, except for those which by law shall have precedence.

§ 2. The pledge also may be laid down in order to secure the claims of the future or conditional.

Article. 307. [Establishment] § 1. To establish a lien you need a contract between the owner and creditor and, subject to the exceptions in the law, the right to release things to the creditor or to a third party, on which the parties have agreed.

§ 2. If an item is located in the dzierżeniu the creditor, to the establishment of the pledge agreement itself is sufficient.

§ 3. The lien is effective against creditors zastawcy, if the agreement for the establishment of the pledge it is concluded in writing with the date.

Article. 308. [Pledge registration] Claim you can also secure the liquidations, which is governed by separate rules.

Article. 309. [the application of the provisions concerning the acquisition of ownership of movable from a person who is not entitled to dispose of the thing] the rules of acquisition of ownership of movable from a person who is not entitled to dispose of the goods shall apply mutatis mutandis to the establishment of the pledge.

Article. 310. [Priority lien] if, at the time of the establishment of the pledge for is already charged another law meaningful, the lien arose later takes precedence over the law created earlier, unless the pledgee acted in bad faith.

Article. 311. [Regulation thing loaded] Void is that zastawca is committed to the pledgee that fails to dispose or load things prior to the expiration of the lien.

Article. 312. [satisfaction of the pledgee] satisfaction of the pledgee of the things loaded shall follow the provisions on judicial enforcement.

Article. 313. [Things that have rigid price] if the subject of the pledge are things specified by order of the competent authority of the State price of the rigid, you can make an appointment, that in the event of default of payment of the debt leis in proportion pledgee ownership instead of payment, according to the price of the due date the debt secured.

Article. 314. [security] Pledge secures the claims with interest for the last three years before the sale of things in execution proceedings or bankruptcy, awarded the costs of the proceedings in the amount not exceeding the tenth part of the capital and the other side benefits claims, in particular claims for damages due to non-performance or improper performance of an obligation and the payback for.

Article. 315. [Allegations zastawcy] Zastawca which is not the debtor may, irrespective of the allegations that have personally against the pledgee, raise allegations that the debtor is entitled, as well as those where the debtor waived after the establishment of the pledge.

Article. 316. [limitation of liability arising from the law of succession] the pledgee may meet with the biased stuff lien notwithstanding the limitation of liability of the debtor arising from the provisions of the law of succession.

Article. 317. [limitation of claims secured by a lien] limitation of claims secured by a lien shall not affect the right of the pledgee to obtain satisfaction from the biased stuff. The above provision does not apply to claims for interest or other benefits.

Article. 318. [obligations of pledgee] the pledgee, which thing was released, should ensure that its behavior according to the rules of storage for reward. After expiration of the lien is expected to return to zastawcy.

Article. 319. [Download benefits] if an item ordered lien brings benefits, the pledgee shall, in the absence of a different agreement, download them and counted against the claims and related claims. After expiration of the lien is obliged to submit a zastawcy account.

Article. 320. [Inputs made by the pledgee] If the pledgee has made investments for the benefit of, to which it was not obliged to, shall apply mutatis mutandis the provisions of the conduct of affairs without the order.


Article. 321. [Exposure stuff on loss or damage] § 1. If an item ordered by a lien is vulnerable to loss of, or damage to, the zastawca can request or submit stuff to the judicial deposit or return things while setting up another security for claims or selling things.

§ 2. In the event of selling things to pledge goes on the obtained price, which should be submitted to legal deposit.

Article. 322. [limitation of claims against the pledgee] § 1. Claim zastawcy against the pledgee for compensation due to the deterioration of the thing, as well as the claim of the pledgee against zastawcy about payback for the barred at the end of the year from the date of returning the goods.

§ 2. (repealed)

Article. 323. [transfer of receivables secured by a lien] § 1. The transfer of receivables secured by a lien entails the transfer of a pledge. In the event of transfer of the receivables with the exception of lien the lien expires.

§ 2. The lien may not be moved without the claim that protection.

Article. 324. [Powers of the buyer biased claims] Purchaser claims secured by a lien may require the vendor release things loaded if zastawca agrees. In the absence of such consent, the purchaser may demand the submission of things to make the deposit.

Article. 325. [Returning things zastawcy] § 1. If the pledgee will return to zastawcy, the lien expires regardless of the objections to the contrary.

§ 2. The lien does not expire even though the acquisition of things loaded by the pledgee on the property, if a claim secured by a lien is to pay the third party law or on its behalf.

Article. 326. [Deposit statutory] Provisions of this chapter shall apply mutatis mutandis to the pledge, which is created by law.

Chapter II the lien rights Art. 327. [Load lien rights transferable] the subject of pledge may be right, if they are transferable.

Article. 328. [the application of the lien on the things] To lien on rights shall apply mutatis mutandis the provisions of the lien on the things moving while retaining the provisions of chapter of this.

Article. 329. [establishment of a lien on almost] § 1. To establish a lien on the law shall apply mutatis mutandis the provisions of the transfer of that right. However, the agreement for the establishment of a pledge shall be concluded in writing with a date certain, at least in terms of the agreement for the transfer of the right did not require such a form.

§ 2. If you establish a lien on the receivables are not followed by the release of the document or by endorsement, to pledging needed is written notification the debtor claims by zastawcę.

Article. 330. [Steps conservative] the pledgee may perform all activities and to assert all claims, which seek to preserve the right of the laden lien.

Article. 331. [termination of the biased claims] § 1. If the due date the debt loaded depends on the termination by the creditor, zastawca can make notice without the consent of the pledgee. If a claim secured by a lien is now due, the pledgee may claim a biased comment to the amount of the secured claim.

§ 2. If indeed the biased claims a lien depends on notice by debtor, termination should take place also in relation to the pledgee.

Article. 332. [performance] in the event of a performance pledge on debt goes on the service provided.

Article. 333. [the reception provision] to receive benefits are entitled to zastawca claims and the pledgee. Each of them may require performance to hand them both together or subject to legal deposit.

Article. 334. [judicial Deposit] if the debtor claims biased lien meets the performance, before a claim secured fell due, both zastawca and the pledgee can request submission of the subject to legal deposit.

Article. 335. [Due monetary claim] where a claim of money a lien is protected already due, the pledgee may demand instead of payment, so that zastawca moved on him the debt laden, if money, up to the amount of debt secured by a lien. The pledgee may claim przypadłej him for this part of the claim of priority over part of which zastawcy.

Possession of TITLE IV Article. 336. [the holder of autonomous and dependent on] the holder of things is both the one who it actually speaks as the owner (holder of the self), and the one who it actually speaks as the user, the pledgee, lessee, tenant, or with another law, which connects to the specified powers over someone else's thing (the holder depends on).

Article. 337. [putting things in having dependent] holder of intrinsic does not lose possession of through it, that gives the second thing in possession.

Article. 338. [Holder] Who thing actually speaks for someone else, is the holder.

Article. 339. [Presumption of having spontaneous] it shall be presumed that the who thing actually speaks, is the holder of a spontaneous.

Article. 340. [presumption of continuity of possession] is presumed continuity of ownership. The inability to have caused by an obstacle passing does not break.

Article. 341. [presumption of conformity having the law] shall be presumed to have is consistent with state law. This presumption also applies to ownership by the previous holder.

Article. 342. [Protection of ownership] does not infringe upon the arbitrary possession, even if the holder was in bad faith.

Article. 343. [self-defense, self-help] § 1. The holder may apply the Defense necessary to fend off arbitrary violation of ownership.

§ 2. The holder of the property may immediately after the arbitrary infringement of ownership to restore your previous state action; You must not, however, be used by this violence against people. The holder of a movable, if he faces the danger of niepowetowanej injury, can immediately after the arbitrary deprivation of it having to apply necessary self-help in order to restore the previous state.

§ 3. The provisions of the preceding paragraphs shall apply mutatis mutandis to the possessor.

Article. 3431. [protection of wielding the premises] to protect the tenure of premises shall apply mutatis mutandis the provisions for the protection of ownership.


Article. 344. [the claim holder] § 1. Against those who arbitrarily violated the possession, as well as against, on whose favour a violation has occurred, the holder is entitled to a claim for restitution and the injunction. This claim is not dependent on the good faith of the holder or the compatibility of legal status of ownership, unless the final decision of the Court or another appointed to resolve matters of this kind of State authority stated that the State have formed as a result of the infringement is consistent with the law.

§ 2. The claim expires if not brought within one year from the time of the infringement.

Article. 345. [restoration of possession] Having restored imputed for uninterrupted.

Article. 346. [Community] a claim for protection of ownership is not recognised in relations between the co-owners of the same thing, if it is impossible to determine the scope of the co-ownership.

Article. 347. [Pause construction] § 1. The holder of the property shall have a claim on hold the construction, if the construction could harm his possession or threaten him damage.

§ 2. The claim may be asserted before the start of construction; It shall expire, if not will be investigated within a month from the start of construction.

Article. 348. [transfer of possession] Transfer of ownership shall be effected by the issue of things. Documents that allow the disposal of the thing, as well as the release of funds, which give the actual power over the thing is clear with the release of the same things.

Article. 349. [the transfer from the behavior of the power] the transfer of the ownership of spontaneous may occur also in this way that the current holder of the autonomous will keep thing in your possession as the holder of a dependent or as a holder on the basis of a legal relationship which the parties agree at the same time.

Article. 350. [Agreement for the transfer of ownership of spontaneous, notification of the holder of the dependent] if an item is in the possession of the subsidiary or dzierżeniu third, the transfer of ownership of spontaneous shall be effected by agreement between the parties and by notification of the holder of the dependent or possessor.

Article. 351. [Transfer of ownership of spontaneous dependent holder] the transfer of the ownership of spontaneous on the holder of a dependent or possessor occurs under the same contract between the parties.

Article. 352. [Possession easement] § 1. Who actually uses someone else's property within the range of content an easement, is the holder of the easement.

§ 2. To have an easement shall apply mutatis mutandis the provisions of owning things.

BOOK the THIRD COMMITMENT TITLE I General provisions Art. 353. [Obligation] § 1. The obligation is that the creditor may require the debtor to provide, and the debtor should service meet.

§ 2. Service you can rely on the action or omission.

Article. 3531. [the principle of freedom of contracts] Contracting Parties may arrange the legal relationship at its sole discretion, as long as its content or purpose not opposed property (kind), the Act or the rules of social conduct.

Article. 354. [execution] § 1. The debtor shall perform the obligation in accordance with its content and in a way that meets its objective of socio-economic and social intercourse, and if there are in this respect established practice-also in a way that corresponds to this practice.

§ 2. In the same way should cooperate in the implementation of the obligations the creditor.

Article. 355. [due diligence] § 1. The debtor is obliged to care generally required in the relations of that type (duty of care).

§ 2. Due diligence of the debtor to the extent carried out by his economic activities shall be determined taking into account the occupational nature of this activity.

Article. 356. [personal performance of the debtor] § 1. The creditor can require the personal benefits of the debtor only if it arises from the content of legal action, the Act or from the properties of the service.

§ 2. If a monetary claim is due, the creditor may not refuse to accept benefits from a third party, at least in terms of the work without the knowledge of the debtor.

Article. 357. [the quality of the things marked as to species], if the debtor is obliged to provide the things marked only as to the genre, and the quality of the stuff is not marked by appropriate legislation or by a legal act or is not due to circumstances, the debtor should provide things the average quality.

Article. 3571. [the extraordinary change of relations] if, by reason of the extraordinary change relations performance would be combined with excessive difficulties or malfunction of one of the parties to the gross loss, which the parties did not provide for the conclusion of the contract, the Court may, after considering the interests of the parties, in accordance with the rules of social interaction, determine the manner of performance, the amount of the benefit or even rule on termination of the agreement. By solving an agreement the Court may, where necessary, rule on the accounts of the parties based on the principles set out in the preceding sentence.

§ 2. (repealed)

Article. 358. [Rule walutowości] § 1. If the subject of an enforceable obligation on the territory of the Republic of Poland is a sum of money expressed in a foreign currency, the debtor may comply with the provision in the Polish currency, unless the law, judicial decision as a source of liability or legal action we reserve the performance only in foreign currency.

§ 2. The value of foreign currency shall be at the rate announced by the Polish National Bank of due date of the claim, unless the law, judicial decision or Act stipulates otherwise.

§ 3. If the debtor is delayed complying with the provision, the creditor may demand performance in the Polish currency according to the exchange rate announced by the Polish National Bank from the date on which the payment is being made.

Article. 3581. [Nominalizm and valorisation] § 1. If the subject of the obligations from the moment of its creation is a sum of money, the performance shall be effected by the payment of a nominal sum, unless specific provisions stipulate otherwise.

§ 2. The parties may stipulate in the contract that the amount of the cash benefit will be determined by other than the money meter values.

§ 3. In the event of a substantial change in the purchasing power of money after the founding of the obligation, the Court may, after considering the interests of the parties, in accordance with the rules of social conduct, change the height or how to meet the cash benefit, even if were established in the decision or agreement.


§ 4. Request changes in altitude or how to meet monetary benefits may not occur page leading the company, if the provision remains in connection with the operation of this undertaking.

§ 5. The provisions of § 2 and 3 are without prejudice to the provisions governing the height of prices and other monetary benefits.

Article. 359. [Interest] § 1. Interest on a sum of money to only when it is apparent from the legal transaction or the Act, from a decision of a court or with the decision of another competent authority.

§ 2. If the amount of interest is not otherwise specified, belong to the statutory interest in the amount equal to the sum of the reference rate of the National Bank of Polish and 3.5 percentage points.

§ 21. The maximum amount of interest resulting from legal action not on an annual basis exceed twice the amount of statutory interest (interest maximum).

§ 22. If the amount of interest resulting from legal action exceed the maximum interest rate, to the maximum interest.

§ 23. Contract terms may not exclude or limit the provisions for interest maximum, if you make a choice of foreign law. In this case, the provisions of the Act.

§ 3. (repealed) § 4. Minister of Justice Announces by way of a notice in the official journal of the Republic of Poland "Polish Monitor", the amount of interest.

Article. 360. [interest payment Date] in the absence of different objections to the time limit for payment of interest they are paid every year from the bottom, and if the time limit for payment of a sum of money is less than a year – at the same time with the payment of this sum.

Article. 361. [causal] § 1. Obliged to compensation shall be liable only for the normal consequences of acts or omissions, from which the damage resulted.

§ 2. In the above, in the absence of a different provision of the Act or the provisions of the agreement, compensation includes loss which the victim has suffered, and the benefits that could have achieved if they had not been wronged him.

Article. 362. [to contribute the victim] If the sufferer has contributed to the creation or increase damage, the obligation to remedy the relevant is reduced according to the circumstances, and in particular to the degree of fault on both sides.

Article. 363. [damages] § 1. Compensation should be made, at the option of the victim, either by restitution or by payment of the appropriate sum of money. However, if restitution was impossible or if they entail for the principal excessive difficulty or expense, the victim's claim is limited to the provision in money.

§ 2. If compensation is to be in money, the amount of compensation should be determined according to the price of the date of the determination of compensation, unless special circumstances require the adoption of the basis of the existing prices in another time.

Article. 364. [Security] § 1. Whenever the law provides for the obligation to secure, the security should be made by the deposit of money to deposit.

§ 2. However, for important reasons, security may be in a different way.

Article. 365. [Commitment alternating] § 1. If the debtor is obliged in this way, that the performance of the obligation may be effected by any one of several benefits (alternating commitment), the choice of supply belongs to the debtor, unless the legal action, the Act or from the circumstances that entitled to choose is a creditor or a third party.

§ 2. Or make check by filing a declaration to the other party. If the debtor is entitled, he may make a selection by performance.

§ 3. If a party entitled to benefits check this check fails, the other party may designate an appropriate term. After the unsuccessful expiry of the permission to make a choice goes to the second page.

Article. 3651. [termination of obligations without] an obligation without time limit of a continuous expires upon termination by the debtor or the creditor with the behavior of the contractual terms, statutory or customary, and in the absence of such terms shall immediately upon termination.

TITLE II of the multiplicity of debtors or creditors and Commitment in solidarity Article. 366. [Solidarity debtors] § 1. Several persons can be liable in this way that the creditor may claim all or part of the benefits from all debtors, including, several of them or of each individual, and a creditor by any of the debtors frees the other (solidarity of debtors).

§ 2. Up to the complete satisfaction of the creditor all debtors in solidarity are required.

Article. 367. [Solidarity of creditors] § 1. Several creditors may be authorised in this way that the debtor can satisfy the entire service into the hands of one of them, and by meeting any of the creditors debt expires for all (solidarity).

§ 2. The debtor may comply with the service, according to his choice, to the hands of any of the joint creditors. However, in the event of a lawsuit by one of the creditors of the debtor should satisfy the provision to his hands.

Article. 368. [Obligation of the debtor] Commitment can be in solidarity, at least in terms of each of the debtors was obliged in a way different or even joint debtor was obliged in a way different to each of the creditors.

Article. 369. [the basis of solidarity] commitment is solidarity, if it follows from the law or with legal action.

Article. 370. [Commitment concerning joint property] if several people zaciągnęło commitment to their common property, they shall jointly and severally, unless agreed otherwise.

Article. 371. [protection of joint debtors] the acts and omissions of one of the joint debtors may not hurt współdłużnikom.

Article. 372. [limitation] the interruption or suspension of the limitation period in relation to one of the joint debtors shall not have the effect of terms of joint debtors.

Article. 373. [Release one of the debtors] exemption from debt or waiver of solidarity by the creditor in relation to one of the joint debtors shall not have the effect of terms of joint debtors.

Article. 374. [renewal, delay the creditor] § 1. Renewal made between the creditor and one of the debtors cohesive releases joint debtors, unless the creditor has reserved that retains their rights against them.


§ 2. Delay of the creditor in relation to one of the joint debtors has the effect of also against joint debtors.

Article. 375. [debtor] § 1. Debtor solidarity can defend allegations that you have personally against the creditor, as well as those which, because of the way or the content of the commitments are common to all debtors.

§ 2. Judgment delivered in favor of one of the joint debtors, joint debtors frees if includes allegations that are common to all of them.

Article. 376. [Regressed between co-debtor] § 1. If one of the joint debtors met the service, the content of an existing between the co-debtor legal relationship shall decide whether and which parts he can claim from the joint debtors. If this relation does not follow anything else, a debtor who has fulfilled the benefit, you may claim the refund in equal shares.

§ 2. Part per debtor insolvent spread out between joint debtors.

Article. 377. [protection of the joint creditors] Delay of the debtor, as well as the interruption or suspension of the limitation period with respect to one of the creditors of the cohesive has an effect also in relation to joint creditors.

Article. 378. [Regressed between współwierzycielami] if one of the joint creditors accepted the service, the content of an existing between the współwierzycielami the legal relationship shall decide whether and in which areas it is liable to joint creditors. If this relation does not follow anything else, a creditor who has adopted the provision, is responsible in equal shares.

TITLE II Obligations divisible and indivisible Article. 379. [Commitment divisible] § 1. If there are several debtors or several creditors, and the benefit is divisible, both the debt and the debt is divided into as many independent parts, how many debtors or creditors. These parts are equal to, if not apparent from the circumstances of anything else.

§ 2. The benefit is divisible, if can be satisfied partly without significant change in the objects or values.

Article. 380. [the responsibility of debtors] § 1. Debtors must provide atomically are responsible for performance as debtors in solidarity.

§ 2. In the absence of a different agreement, the debtors required to provide podzielnego are responsible for the fulfilment of the jointly and severally, if mutual benefit the creditor is indivisible.

§ 3. A debtor who has fulfilled the performance indivisible, may request from other debtors reimbursement benefits according to the same rules as joint debtor.

Article. 381. [Powers of creditors] § 1. If several creditors entitled to the provision of indivisible, each of them may require the fulfillment of the entire provision.

§ 2. However, in the event of opposition even if one of the creditors, the debtor is obliged to provide all creditors including or make subject to legal deposit.

Article. 382. [relief from debt, delay one of the debtors] § 1. Release of the debtor of the debt by one of the creditors entitled to the provision of indivisible has not effect relative to other creditors.

§ 2. Delay of the debtor, as well as the interruption or suspension of the limitation period with respect to one of the creditors entitled to the provision of indivisible has the effect relative to other creditors.

Article. 383. [Regressed between creditors] if one of the creditors entitled to the provision of indivisible adopted the provision, it is liable to the other creditors according to the same rules as create solidarity.

TITLE III General provisions on contract Art. 3831. [prohibition of requests from the consumer fees in excess of costs incurred] Trader can not claim from the consumer a fee for the use of a specific payment in excess of the costs incurred by the trader the costs in connection with this way of payment.

Article. 384. [consumer protection] § 1. Determined by one of the parties to the master agreement, in particular the general terms and conditions, the model agreement, terms and conditions, the other party, if it was served before the conclusion of the contract.

§ 2. If the use of the pattern is in the relations of the kind customarily adopted, is it even when the other party could easily find out about its contents. However, this does not apply to the contracts concluded with the participation of consumers, with the exception of agreements generally concluded in the minor, issues of daily life.

§ 3. (repealed) § 4. If one of the parties uses the pattern agreement in electronic form, should make it to the other party prior to the conclusion of the contract in such a way as to enable it to this pattern store and play in the ordinary course of operations.

§ 5. (repealed)

Article. 3841. [pattern released for the duration of the contractual relationship] Module released for the duration of the contractual relationship of a continuous party involves if the requirements referred to in article 4 have been complied with. 384, and page not declared the agreement at the nearest date of notice.

Article. 385. [Inconsistency with a contract] § 1. In the event of a conflict with a contract agreement, the parties are bound by the agreement.

§ 2. The master agreement should be formulated clearly and in a way that is understandable. Ambiguous terms translated for the benefit of the consumer. The principles expressed in the preceding sentence shall not apply to the proceedings in cases of recognition of the provisions of the master agreement is not allowed.

Article. 3851. [Prohibited contract terms] paragraph 1. The provisions of the agreement concluded with the consumer not individually negotiated are not bound by it, if the shape of his rights and obligations in a manner contrary to the morality, grossly violating its interests (prohibited contract terms). This does not apply to the provisions defining the main provision of the parties, including the price or remuneration, if they have been formulated clearly.

§ 2. Where a provision of the agreement in accordance with paragraph 1 is not binding on the consumer, the parties are bound by the agreement as to the remainder.

§ 3. Not individually negotiated are those provisions of the agreement, the content of which the consumer has not had a real impact. In particular, it refers to the provisions of the agreement, taken over from the master agreement proposed by the contractor to the consumer.

§ 4. The burden of proof that the order has been agreed individually, who it appoints.


Article. 3852. [assessment of the compatibility of the provisions of the agreement with morality] conformity assessment provisions of the agreement of principles of morality shall be made as of the time of conclusion of the contract, taking into account its content, the circumstances of the conclusion of and having regard to the agreement in connection with the contract covering the provision of which is the subject of the evaluation.

Article. 3853. [Catalogue of prohibited contract terms] in case of doubt, it is believed that illegal provisions of the contract are those that, in particular: 1) exclude or limit the liability of the consumer for personal injury;

2) exclude or severely limit the liability towards the consumer for non-performance or improper performance of the obligation;

3) exclude or severely limit the deduction claims consumer debt of the other party;

4) provide for the provisions with which the consumer does not have the possibility to get acquainted before the conclusion of the contract;

5) allow the client consumer on the transfer of rights and the transfer of obligations resulting from the agreement without the consent of the consumer;

6) make the conclusion of the agreement from the promise by the consumer to conclude further agreements of a similar nature in the future;

7) make the conclusion of, the content or implementation of the agreement the conclusion of another agreement, which does not have a direct connection with the contract containing the evaluated order;

8) make the performance circumstances dependent only on the will of the counterparty of the consumer;

9) grant the other party the consumer the power to make a binding interpretation of the agreement;

10) entitle the contractor to alter unilaterally without valid reason indicated in this agreement;

11) grant only the client consumer permission to declare conformity of the provision with the agreement;

12) exclude the obligation to reimburse the consumer paid for payment for the provision of unsatisfied in whole or in part, if the consumer withdraws from the contract or its execution;

13) provide for the loss of the right of return requests to provide the consumer a fulfilled earlier than service contractor, when the parties speak, solve or derogate from a contract;

14) only make the consumer the power to terminate the contract, withdrawal from or termination of the contract;

15) reserve for counterparty consumer permission to terminate the contract concluded for an indefinite period, without indication of important causes and relevant notice;

16) require only the consumer to pay a fixed sum in the event of cancellation of the conclusion or performance of a contract;

17) impose on the consumer, who has not performed the obligation or has withdrawn from the contract, the obligation to pay grossly excessive penalty or handling fee;

18) provides that the agreement concluded for a fixed term shall be extended, as long as the consumer, for which the provided grossly short term, does not make the opposite claim;

19) provide only for the contractor the unilateral consumer permission to change, without valid reasons, the essential features of the provision;

20) provide for the contractor to determine the consumer's permission or raise the price or remuneration after the conclusion of the contract without granting the consumer right of withdrawal;

21) make the responsibility of the contractor the consumer from performance of the obligations by the people, through which the contractor a consumer contract or in which it performs its undertaking, or make this the responsibility of the compliance by the consumer unduly cumbersome formalities;

22) provide for the obligation of performance by the consumer even though the non-performance or improper performance of an obligation by the contractor;

23) exclude the jurisdiction of the courts of Polish or subject matter under the decision of Court of arbitration Polish or foreign or other authority, as well as impose a diagnosis of the case by the Court, which according to the law is not the locally competent.

Article. 3854. [agreement between entrepreneurs using different patterns of contracts] § 1. The agreement between entrepreneurs using different patterns of contracts does not include those provisions of the patterns that contradict each other.

§ 2. The agreement is not concluded when, after receiving the offer page shall immediately notify that it does not intend to conclude contracts under the conditions provided for in § 1.

Article. 386. (repealed) Article. 387. [original impossibility to provide] § 1. Contract for the provision of impossible is void.

§ 2. The party which at the time of conclusion of the contract was aware of the impossibility of the provision, and the other party of the error is not moved out, is obliged to repair the damage, which the other party has suffered through it, that has entered into an agreement without knowing it is impossible to provide.

Article. 388. [Exploitation] § 1. If one of the parties, wyzyskując forced location, ineptitude or user inexperience, on the other hand, in Exchange for your service accepts or reserves for himself or for a third party service, the value of which at the time of conclusion of the contract exceeds the gross extent the value of its own provision, the other party may request a reduction in their benefits or increase of its provision, and, in the case when one and the other would be excessively difficult , it may request cancellation of the contract.

§ 2. These permissions will expire two years from the date of the agreement.

Article. 389. [preliminary contract] § 1. The agreement, by which one of the parties or both agree to the conclusion of the contract (preliminary contract) indicated should specify the important provisions of a final agreement.

§ 2. If the period within which a final agreement is to be concluded, is not marked, it should be concluded within a reasonable period set by the page was entitled to request a final contract. If both parties are entitled to ask for a final contract and each of them has set another deadline, the parties binds the term designated by the party, which had previously made a statement. If within one year of the conclusion of the preliminary contract has not been the deadline for the conclusion of a contract of a final, cannot request its conclusion.

Article. 390. [tax evasion from the conclusion of the preliminary contract] § 1. If a party committed to the conclusion of the agreement, addressed to evade from its conclusion, the other party may demand compensation for the damage suffered by it, that counted on a final agreement. The parties may in the preliminary agreement contrary to determine the scope of compensation.


§ 2. However, when the preliminary agreement meets the requirements of, which depends on the validity of the contract, addressed, in particular the requirements as to the form, the entitled party may assert the conclusion of the agreement of a final.

§ 3. The claim of the preliminary contract shall lapse at the end of the year from the date on which the final agreement was to be concluded. If the Court gave the request a final contract, the claim of the preliminary contract shall lapse at the end of the year from the date on which the judgment became final.

Article. 391. [service contract by a third person] if the agreement stipulated that a third party entering into a specific commitment or meets the specified service, the who such a promise he had made, and is responsible for the damage, which the other party shall be borne by that third party refuses to commitment or does not comply with the provision. May, however, exempt from the obligation to compensate for damage to meet promised performance, unless this is contrary to the contract or property.

Article. 392. [Agreement for exemption of the debtor] if a third party has committed by agreement with the debtor release it from the obligation to provide, it is responsible in relation to the debtor, that the creditor will not be requested from the performance.

Article. 393. [service contract to a third party] § 1. If the agreement stipulated that the debtor will satisfy the provision to a third party, the person, in the absence of a different agreement, may request directly from the debtor's fulfilment of a reserved service.

§ 2. Disclaimer as to the obligation to a third party may not be revoked or amended, if a third party has stated any party that wants reservations.

§ 3. The debtor may raise objections against the contract to a third party.

Article. 394. [Deposit] § 1. In the absence of different contractual reservations or the habit of a pledge given at the conclusion of the contract, does it matter that, in the event of non-fulfilment of the agreement by one of the parties the other party may withdraw from the contract without an additional deadline and received the earnest of the keep, and if the same it has given, may demand the sum of twice.

§ 2. If the performance of the contract the deposit is passing on the benefits side, that it has given; If the pass is not possible, the deposit shall be returned.

§ 3. In the event of termination of the contract, the deposit should be returned, and the obligation to pay a sum twice. The same applies if the non-execution of the agreement came as a result of circumstances for which neither party has no liability or responsibility.

Article. 395. [right of withdrawal] § 1. You can stipulate that one or both parties will be in the Termin the right to withdraw from the contract. The right to perform by a statement made on the other side.

§ 2. In the event of the exercise of the right of withdrawal, the contract is considered null and void. What the parties already provided, shall be returned in the same State, except that the change was necessary within the limits of the normal Board. For the services and for the use of the things should be the other side of the appropriate remuneration. Article. 396. [Available] if it is reserved, that one or both parties may withdraw from the contract for payment of the indicated sum (handling fee), the Declaration of withdrawal is effective only if it is made simultaneously with the payment of the handling fee.

TITLE IV (repealed) Article. 397. (repealed) Article. 398. (repealed) Article. 399. (repealed) Article. 400. (repealed) Article. 401. (repealed) Article. 402. (repealed) Article. 403. (repealed) Article. 404. (repealed) title V of the unjust enrichment Article. 405. [unjust enrichment] Who without legal basis obtained pecuniary advantage at the expense of another person is obliged to issue benefits in kind, and if it was not possible to return its value.

Article. 406. [range return benefits] obligation to issue benefits not only directly benefit obtained, but also all that if you dispose of, loss of, or damage to, was obtained in Exchange for this benefit, or as a compensation for the damage.

Article. 407. [the third party required to return] If the person who without legal basis obtained pecuniary advantage at the expense of another person, ordered that the benefit to a third party charge, the obligation to issue the benefit goes to this third party.

Article. 408. [payback] § 1. Obliged to issue benefits can claim the expenses necessary in so far as not in use, which one has achieved. The return of other inputs may require as much as increase the value of the benefits at the time of its release; However, you may take these inputs, by restoring the previous state.

§ 2. Who is making the investments knew that benefit him not to be, this may require return only in so far as the increase the value of the benefits at the time of its release.

§ 3. If requesting the release of benefits is obliged to return, the Court may instead issue benefits in kind direct reimbursement of its value in money with deduction of the value of the inputs that the requestor would be obliged to return.

Article. 409. [the expiry of the obligation to return] the duty to release or return its value expires, if the one who benefit received, consumed or lost in such a way that it is no longer enriched unless discarding or using it should have to reckon with the obligation to return.

Article. 410. [Undue benefit] § 1. The provisions of the preceding articles shall apply in particular to provide undue.

§ 2. The provision is unfair, if the one who met them, it was not at all required or was not obliged to respect the person you provide, or if the basis for the provision of dropped or intended purpose of the provision was not reached, or if legal action requiring to provide was invalid and did not become important after completion of the service.

Article. 411. [disable the refund provision] cannot claim the refund provision: 1) if complying with the service knew that he was not to provide the required, unless the performance has been subject to a refund or to avoid coercion or in execution of a valid legal action;

2) if the performance meets the rules of social conduct;

3) if performance has been met in order to redress przedawnionemu claim;

4) if performance has been met before the debt became due.


Article. 412. [Forfeiture provision of the Exchequer] Court may order forfeiture of benefits to the Treasury, if it has been knowingly met in Exchange for an act prohibited by the law or to the wicked. If the service provided has been worn or lost, forfeited may be its value.

Article. 413. [the provision and establishment] § 1. Who does the provision of the games or the facility may not claim the refund, unless the game or bet were forbidden or unreliable.

§ 2. Claims from the game or recoverable only if the game or bet were carried out on the basis of the authorisation of the competent authority of the State.

Article. 414. [Overlapping claims] the provisions of this title shall not prejudice the provisions on the obligation to repair the damage.

TITLE VI of the unlawful acts Art. 415. [the principle of guilt] Who fault his has caused other damage, is obliged to fix.

Article. 416. [Wine body of a legal person] a legal entity is obliged to repair the damage caused by the fault of its governing body.

Article. 417. [damage caused in the exercise of public authority] § 1. For damage caused by the unlawful act or omission in the exercise of public authority is responsible, the State Treasury or local government or other legal person exercising this authority under the law.

§ 2. If the execution of the tasks of public authority commissioned, based on the agreement, a unit of local government or other legal person, joint and several liability for the damage caused to the contractor and the ordering them local government unit or the Treasury.

Article. 4171. [damage due to issue or refuse a normative act or decision] § 1. If the damage was caused by the release of a normative act, the remedy can be claimed after the discovery in the appropriate proceedings, non-compliance of that act with the Constitution, ratified international agreement or by law.

§ 2. [2] If the injury was caused by the release of a final judgment or final decision, the remedy can be claimed after the discovery in the appropriate proceedings of their non-compliance with the law, unless provided otherwise. This also applies to cases where a final decision or the final decision were issued on the basis of the normative act is inconsistent with the Constitution, ratified international agreement or by law.

§ 3. If the damage was caused by the release of the judgment or decision, when the obligation to issue provides for law, the remedy can be claimed after the discovery in the appropriate proceedings not unlawful ruling or decision, unless provided otherwise.

§ 4. If the damage was caused by the release of a normative act, the obligation to issue provides for law, non-compliance with any law of the Act states the court seised for damages.

Article. 4172. [in accordance with the law of the exercise of official authority] If by the legitimate exercise of official authority was caused injury, the victim may request the total or partial its remedy and reparation money suffered harm, when circumstances and, in particular, the inability of the victim to work or heavy material position, indicate that require that considerations of equity.

Article. 418. (has power) Art. 419. (repealed) Article. 420. (repealed) Article. 4201. (repealed) Article. 4202. (repealed) Article. 421. [exclusion of application of the provisions of the Act], the provisions of article 4. 417. 4171. 4172 shall not apply if the liability for damages caused in the exercise of public authority is governed by special regulations.

Article. 422. [Inciting, aiding and abetting] for damage is not the only one who directly caused, but also the one who another person to cause damage, he has led or was it helpful, as well as the one who knowingly has benefited from the injury to the other caused.

Article. 423. [self-defense] Who works in the defense, fending off direct and unlawful attacks on any good of your own or another person's, this is not responsible for damage caused to the attackers.

Article. 424. [State of higher necessity] who destroyed or damaged someone else's thing or killed or hurt someone else's animal to ward off from each other or from other dangers looming directly from this thing or animal, this is not responsible for the resulting damage, therefore if the danger alone is not called, and the danger cannot otherwise prevent and if very good is of course more important than the welfare of the affected.

Article. 425. [Insanity] § 1. A person who for any reason is unable to exclude conscious or free to take decision and expression of intention, is not responsible for damage caused in this State.

§ 2. However, the who has mental operations disruption due to the use of intoxicating drinks or other similar means, this is obliged to repair the damage, unless the State interference was called without his fault.

Article. 426. [minor Responsibility] a minor who has not attained thirteen years, is not liable for the caused damage.

Article. 427. [responsibility for people under the supervision of] Who by law or the contract is obliged to supervise the person whose age or mental or physical fault of read can't, this is obliged to repair the damage caused by this person, unless he did satisfy the obligation to supervision or that the damage would be also on the careful exercise of supervision. This provision shall also apply to people wykonywających without obligation statutory or contractual permanent custody of a person whose age or mental or physical fault of read can't.

Article. 428. [minor Responsibility or niepoczytalnego] When the perpetrator because of age or mental or physical is not responsible for the damage, and there is a lack of persons liable to supervision or where it is not possible for them to repair the damage, the injured party may request the total or partial compensation from the offender, if from the circumstances, and, in particular, a comparison of the financial status of the victim and the offender, shows that require the rules of social coexistence.


Article. 429. [responsibility for people, entrusted with the execution of the steps] Who entrusts the execution of tasks to another, this is responsible for damage caused by the perpetrator in carrying out activities entrusted to him, unless he is not at fault in choosing, or that the performance of the tasks entrusted to the person, undertaking or establishment, which in terms of his professional activities are engaged in the performance of such activities.

Article. 430. [responsible for subordinate] who's self-employed entrusts the execution of tasks to a person who in the performance of this subject to its direction and is obliged to adhere to his guidelines, this is responsible for damage caused by the fault of that person in the performance of entrusted to her.

Article. 431. [responsibility for animals] § 1. Who animal hides or it, is obliged to make good damage caused by the injury not regardless of whether it was under its supervision, or zabłąkało or have fled, except that neither he nor the person which is liable, they are not at fault.

§ 2. Even if the person who the animal hides or to him, was not liable under the provisions of the preceding paragraph, the victim may request the total or partial remedy, if from the circumstances, and, in particular, a comparison of the financial status of the victim and the people that require the rules of social coexistence.

Article. 432. [the right to retain] § 1. The holder of the land may take someone else's animal that causes damage on the ground, if the seizure is necessary to secure a claim for damages.

§ 2. A busy animal land holder obtains a statutory lien for security of it compensation for the damage and the cost of feeding and keeping the animal.

§ 3. (repealed)

Article. 433. [responsible for the ejection, the outpouring, falling object in the room] for damage caused to throwing, pouring or it falling any item from the premises is the responsibility of the person who takes a room, unless the damage occurred as a result of force majeure or solely the fault of the victim or a third person, which cannot room is not responsible for and which operation could not prevent.

Article. 434. [responsible for the collapse of buildings] for damage caused by the collapse of buildings or ripping off its part of the responsibility of the autonomous holder of a building, unless the collapse of buildings or ripping off her part not resulted or lack of maintenance of the buildings in good condition, or from defects in the construction.

Article. 435. [the responsibility of entrepreneurs] § 1. To own account establishment or plant swung into motion by forces of nature (steam, gas, electricity, liquid fuels, etc.) is liable for damage to person or property, caused to anyone by the movement of the undertaking or establishment, unless the damage occurred as a result of force majeure or solely the fault of the victim or of a third party, for which he is not responsible.

§ 2. The above provision shall apply mutatis mutandis to undertakings or establishments producing explosives or using such funds.

Article. 436. [Liability of the holder of the vehicle] § 1. The liability laid down in the preceding article are also autonomous holder of mechanical means of communication as with forces of nature. However, when the holder of the intrinsic gave a means of communication in formal, is the responsibility of the holder of the dependent.

§ 2. In the event of a collision to mechanical means of communication covered by using the forces of nature listed person may mutually request compensation for damage suffered only on general principles. Also just in general these people are responsible for the damage caused to those whose carrying out of courtesy.

Article. 437. [prohibition of disclaimers] cannot be excluded or limited from the top of the liability referred to in the two preceding articles.

Article. 438. [injury in someone else's interest] Who in order to ward off a looming second injury or in order to ward off common dangers of forcibly or even voluntarily suffered material injury, may claim compensation for the damage suffered in the proportion of people who have benefited from this.

Article. 439. [the State of imminent threat of] the result of the conduct of another person, in particular due to a lack of proper supervision of the movement led by the undertaking or establishment or on the State of the building, or other device, threatens directly the damage, can request that the person took the necessary measures to ward off the imminent danger and, if necessary, also gave the correct security.

Article. 440. [limitation of damages] in relations between individuals the scope of the obligation to compensate for damage can be limited according to the circumstances, if due to the financial status of the victim or a person responsible for the damage require such restrictions the rules of social conduct.

Article. 441. [severally for damages] § 1. If a few people are responsible for damage caused to the tort, their liability is joint and several.

§ 2. If the damage was the result of an act or omission of a few people, those who damage repaired, it may request from the other return the appropriate part depending on the circumstances, and especially from the fault of the person concerned and the extent to which contributed to the damage.

§ 3. The one who repaired the damage, for which it is responsible, despite the lack of guilt, has a backlinks claim to the offender, if the damage occurred due to the fault of the offender.

Article. 442. (repealed) Article. 4421. [limitation of claims for damages] § 1. A claim for compensation for the damage caused to the tort shall be barred after three years from the date on which the victim learned of the damage and of the person draw the attention to her. However, this period may not be longer than ten years from the date on which the event occurred.

§ 2. If the damage resulted from the crime or transgression, the claim for damages shall be barred after twenty years from the date of the offence no matter when the victim learned of the damage and of the person draw the attention to her.


§ 3. In the event of injury, the limitation period cannot end earlier than over three years from the date on which the victim learned of the damage and of the person draw the attention to her.

§ 4. Limitation of claims minor damages on the person may end up not earlier than two years from getting by her age.

Article. 443. [overlapping of tort and contract], the fact that the Act or omission from which the damage was caused by, non-performance or improper performance of pre-existing obligations, does not preclude claims for damages for tort, unless it is apparent from the wording of the obligation previously existing.

Article. 444. [injury, calling his health] § 1. In the event of injury or call his health damages include any arising out of this because of the costs. At the request of the injured party shall be obliged to repair the damage should play from the top of the sum needed for medical expenses, and if the sufferer has become an invalid, also the sum of the cost needed to prepare for a different profession.

§ 2. If the victim has lost completely or partially earning capacity or if the increased needs or reduced view of success for the future, he may require the debtor to provide proper pensions.

§ 3. If, at the time of the judgment for damages cannot be accurately determined, the victim may be granted a temporary pension.

Article. 445. [the atonement money] § 1. In the cases provided for in the preceding article, the Court may grant the victim a suitable sum of money in compensation for the harm suffered.

§ 2. The above provision shall also apply in the case of imprisonment and in the case of a redirect using deception, rape or abuse of a relationship to act nierządnemu.

§ 3. A claim for reparation passes to the heirs only when it has been recognised in writing or when an action has been brought for the life of the victim.

Article. 446. [the death of the victim] § 1. If as a result of bodily injury or health disorder calls the death of the victim, shall be obliged to repair the damage should pay the costs of medical treatment and funeral those who suffered them.

§ 2. A person, in respect of which the charge stuck to the deceased statutory maintenance obligation, may require the debtor to provide a pension calculated according to the needs of the victim and to the lucrative opportunities and assets of the deceased by the time the probable duration of the obligation to pay maintenance. The same pension can request other persons close to the deceased, which voluntarily and continuously provide the means of subsistence, if circumstances are such as that required by the rules of social conduct.

§ 3. The Court may also grant the immediate family members of the deceased appropriate compensation, if as a result of his death, there has been considerable deterioration in their circumstances.

§ 4. The Court may also grant the closest members of the family of the deceased the appropriate sum of money in compensation for the harm suffered.

Article. 4461. [Claims prenatal] at the moment of birth the child may claim compensation for the injury suffered before birth. [3] Article. 447. [One-time compensation instead of pension] for important reasons, the Court may at the request of the injured party, to grant him instead of pensions or part of compensation. This is particularly the case when the victim became an invalid, and granting a one-time compensation will help him execute a new profession.

Article. 448. [violation of good personal] in the event of a breach of good personal court may grant that, whose personal well-being has been compromised, the appropriate sum of money in compensation for the harm suffered or at the request of order the appropriate amount of money to the designated by the social objective, regardless of other measures needed to remove the effects of the infringement. Provision of art. 445 § 3 shall apply.

Article. 449. [non-transferability of claims] Claims provided for in article 5. 444-448, may not be disposed of, unless they are already due and that have been acknowledged in writing or granted by a judgment.

The TITLE of the Liability for damage caused by VI1 dangerous Article. 4491. [dangerous] § 1. Who produces in terms of their economic activities (producer) a dangerous product, is responsible for the damage caused to anyone by this product.

§ 2. The product is meant for moving, even if it has been linked to another thing. For the product shall be deemed to also animals and electricity.

§ 3. Dangerous is the product which the safety which can be expected, having regard to the normal use of the product. Whether the product is safe, decide the circumstances of the time put it on the market, and especially how to present it on the market and the consumer is given information about the properties of the product. The product cannot be considered to which security only because later marketed a similar product improved.

Article. 4492. [conditions for the liability of the producer] Manufacturer is responsible for damage to property only when the thing destroyed or damaged to the point usually allocated to personal use and above all how to use her injured.

Article. 4493. [exclusion of liability for product] § 1. The manufacturer is not liable for damage caused by a dangerous product, if the product did not put on the market or the placing on the market was beyond the scope of its business activities.

§ 2. The manufacturer is not liable if the hazardous properties of the product revealed after it has been placed on the market unless they resulted from causes inherent in the product. Not even where it is not possible to predict the hazardous properties of the product, having regard to the State of science and technology at the time of product launch, or when these properties resulted from the application of the provisions of the law.

Article. 4494. [presumption of manufacture and the introduction of the product on the market in respect of the activities of the manufacturer] it shall be presumed that a dangerous product which caused the damage, has been manufactured and marketed in terms of business of the manufacturer.


Article. 4495. [replacement Responsibility] § 1. The manufacturer of the material, raw material or component of the product corresponds to the as the manufacturer, unless the sole cause of the injury was a defective product design or manufacturer's instructions.

§ 2. Who by putting on the product his name, trade mark or other distinctive sign is given by the manufacturer is responsible as the producer. Just as this, who the product of foreign origin introduces on the market in terms of their economic activities (importer).

§ 3. Manufacturer and those listed in the paragraphs preceding jointly and severally.

§ 4. If you do not know who is the producer or person referred to in § 2, corresponds to the who in the field of their economic activities had a dangerous product, unless within one month of the date of notification of the damage indicates the victim a person and address of the producer or person referred to in paragraph 2, first sentence, and in the case of the goods imported – and address of the importer.

§ 5. If the vendor product may not indicate the manufacturer or persons referred to in § 4, releases him from the responsibility of the identification of the person from whom he acquired the product.

Article. 4496. [shared responsibility with the third party] If for damage caused by a dangerous product corresponds also the third party, the liability of the person and the persons mentioned in the preceding articles is joint and several. The provisions of article 4. 441 § 2 and 3 shall apply mutatis mutandis.

Article. 4497. [compensation] § 1. Compensation for damage to property does not include damage to the product or the benefits that the victim could have achieved in connection with its use.

§ 2. Compensation on the basis of article. 4491 not entitled, if the damage to property does not exceed the amount which is equivalent to 500 euro.

Article. 4498. [limitation of claims] claims for compensation for damage caused by a dangerous product shall be barred after three years from the date on which the victim knew or while maintaining due diligence to find out about the damage and the person draw the attention to her. However, in any event, a claim are subject at the end of the ten years since the introduction of the product on the market.

Article. 4499. [the nature of the provisions of] liability for damage caused by a dangerous product cannot be excluded or limited.

Article. 44910. [relationship to other regulations] Provisions on liability for damage caused by a dangerous product do not exclude liability for damages on general principles, for damages resulting from non-performance or improper performance of the obligation and liability under the warranty for defects and guarantee quality.

Article. 44911. (repealed) TITLE VII performance of the obligations and the consequences of non-compliance and performance of the obligations of article. 450. [the adoption of the provision of partial] creditor may not refuse to accept a partial benefits, at least in terms of the entire debt was due, unless this provision violates its legitimate interests.

Article. 451. [Credit provision] § 1. The debtor with respect to the same creditor some debts of the same kind may subject the provision indicate that the debt wants to meet. However, what goes against your debt, the creditor may first of all include on related debt outstanding balance reactions and the recumbent benefits.

§ 2. If the debtor has not indicated which of several debt wants to satisfy, and took a receipt in which the creditor he received a benefit on account of one of these debts, the debtor may no longer require a passing score on the other debt.

§ 3. In the absence of a statement of the debtor or the creditor met service include first of all against the debt due, and if there are a few outstanding debts – on the least-due.

Article. 452. [Service into the hands of unauthorized] if the service has been fulfilled to the hands of the person is not entitled to receive it, and the adoption of the provision has not been confirmed by the creditor, the debtor is discharged to the extent that it creates from the provision took advantage. This provision shall apply mutatis mutandis in cases where the service has been fulfilled to the hands of the creditor, which was unable to accept.

Article. 453. [Termination liability] if the debtor to exempt from the obligation meets with the agreement of the creditor any other provision, obligation expires. However, when the service provided has a defect, the debtor is obliged to warranty according to the provisions of the warranty on the sale.

Article. 454. [place of performance] § 1. If the place of performance is not marked, or does not follow from the properties of the obligation, the provision should be met in a place where at the time of the creation of the obligation the debtor had the residence or head office. However, the cash benefit should be met in the place of residence or at the premises of the creditor at the time of performance; If the creditor has changed a resident after the founding of the obligation, are caused by this change in excess costs.

§ 2. If the obligation has a relationship with the debtor or the creditor, of the place of performance determines the company has its registered office.

Article. 4541. [place of performance] if the entrepreneur is obliged to send to the consumer to the marked place, that place shall be deemed to be place of performance. Disclaimer to the contrary is void.

Article. 455. [the term performance] if the period of performance is not marked, or does not follow from the properties of the obligation, the provision should be met immediately after the request of the debtor to perform.

Article. 456. [the provision of partial] if the parties have in the contract that the performance will be followed by the parts within a specified time, but do not have established the size of each partial benefits or the time limits within which you want to meet each of these benefits, the creditor may, by a statement made to the debtor in due time, to determine both the size of the different partial benefits, as well as the deadline for fulfilment of each of them, however, should take into account the possibility of the debtor and the manner of performance.

Article. 457. [presumption of the reservation period for the benefit of the debtor] Term of performance marked by legal action imputed in cases of doubt, for the reserved for the benefit of the debtor.


Article. 458. [Instant chargeability of benefits] if the debtor has become insolvent or if as a result of circumstances for which the responsibility, the security of claims has been significantly reduced, the creditor may demand performance regardless of the reserved period.

Article. 459. [inventory] § 1. Required to release a collection of things or property, or to give news about the collection of things or the material weight should present the creditor list of things belonging to a set or list of items that are included in the material weight.

§ 2. If there is a reasonable assumption that the presented list is not a fair or accurate, the creditor may request that the debtor has applied to provide before the Court, that drew up the list according to their best knowledge.

Article. 460. [Account Management] § 1. Required to submit a bill from the Board should submit to the creditor in writing a statement of revenue and expenditure, together with the necessary evidence.

§ 2. If there is a reasonable assumption that the statement of revenue is not a fair or accurate, the creditor may request that the debtor has applied to provide before the Court, that drew up the statement according to their best knowledge.

Article. 461. [the right to retain] § 1. Required to release someone else's things can stop it until the satisfaction or security to which he claims for the reimbursement of expenses for and claims for damages by the thing caused (right stop).

§ 2. The above provision shall not apply where the obligation to release things results from tort or when it comes to return things rented, leased or for temporary.

§ 3. (repealed)

Article. 462. [receipt of] § 1. The debtor, thus fulfilling performance, can request a receipt from the creditor.

§ 2. The debtor can request receipts in a special form, if it is in this business.

§ 3. The cost of the receipt shall be borne by the debtor, unless agreed otherwise.

Article. 463. [denial of receipt] if the creditor refuses to receipts, the debtor may refrain from meeting to provide or make subject to deposit.

Article. 464. [Service into the hands of the person presenting the receipt] service to the hands of the people, which turns out a receipt issued by the creditor, the debtor, unless the releases was reserved, that the service is to take place into the hands of their own creditor, or unless the debtor was acting in bad faith.

Article. 465. [Return of the document which establishes the commitment] § 1. If there is evidence of the commitment of the debtor to meet the provision may require the return of the document. However, if the creditor has an interest in keeping the document, in particular when the service has been only partially fulfilled, the debtor may require to make appropriate mention of the document.

§ 2. In the event of loss of the document the debtor may, irrespective of the receipt, require the creditor to declare in writing that the document has been lost.

§ 3. If the creditor refuses to return the document or make it a suitable mention or a written statement about the loss of the document, the debtor may refrain from meeting to provide or make it subject to legal deposit.

Article. 466. [presumption of payment side duties] of the receipt for payment of the sum owed is due a presumption of payment of debts. With the receipt of periodic benefits is due a presumption that have also been providing periodic due earlier.

Article. 467. [to apply to a judicial deposit] except as provided for in other legislation, the debtor may make a subject to legal deposit: 1) if the circumstances which are not responsible for, does not know who is the owner of, or does not know the residency of the creditor;

2) if the creditor does not have full legal capacity or a representative authorised to accept the performance;

3) If a dispute arose, who is the creditor;

4) if due to other circumstances concerning the creditor service cannot be met.

Article. 468. [notice of deposit] § 1. Of the subject to legal deposit the debtor should immediately notify the creditor, unless the notice meets hard to overcome obstacles. The notification should be made in writing.

§ 2. In the event of non-fulfilment of the above obligation the debtor is responsible for the sustained here.

Article. 469. [item Collection of deposit] § 1. As long as the creditor has not demanded the release of the subject provision of legal deposit, the debtor may object a complex answer.

§ 2. If the debtor receives the service provided from the deposit, the deposit shall be deemed to be waived.

Article. 470. [effects of deposit] Important to apply to a judicial deposit has the same effects as performance and obliges the creditor to the debtor to repay the costs of the Assembly.

SECTION II the effects of default Article. 471. [responsibility for non-performance or improper performance of obligations] the debtor is obliged to compensate for damage arising from non-performance or improper performance of the obligation, unless the non-performance or improper performance is consequence of circumstances for which the debtor cannot be held liable.

Article. 472. [failure to exercise due diligence] If a specific provision of the Act or a legal act does not imply anything else, the debtor is responsible for the failure to exercise due diligence.

Article. 473. [Contractual liability extension] § 1. The debtor may by agreement to accept responsibility for non-performance or improper performance of the obligation due to circumstances for which the identified under the Act cannot be held liable.

§ 2. Void is a disclaimer that the debtor will not be responsible for damage, which may cause the creditor intentionally.

Article. 474. [responsibility for other people] Debtor is responsible for their own acts or omissions by the acts and omissions of persons, with the obligation to perform, as well as individuals, which is entrusted with the implementation of an obligation. The above provision shall also apply in cases where the obligation to perform the legal representative of the debtor.

Article. 475. [Consequent inability to provide] § 1. If performance has become impossible the result of circumstances for which the debtor cannot be held liable, the obligation shall expire.


§ 2. If an item that is the subject of the provision has been disposed of, lost or damaged, the debtor is obliged to spend everything in return for this thing or as compensation.

Article. 476. [Delay the debtor] Debtor shall be permitted to delay, if not meets the provision within the time limit, and if the time limit is not marked when it does not meet the provision immediately following a call by the creditor. This does not apply to cases where the delay in the completion of the service is the result of circumstances for which the debtor cannot be held liable.

Article. 477. [the consequences of delay by the debtor] § 1. In the event of default the debtor the creditor may claim, regardless of the performance of an obligation, compensation for the damage resulting from the delay.

§ 2. However, when due to the delay of the debtor to the creditor to lose service completely or predominantly the importance, the creditor may not accept and demand compensation for the damage arising from default.

Article. 478. [loss of, or damage to the subject provision] where the subject matter of the provision is an item marked as to the identity of the debtor who is in default shall be responsible for any loss or damage of the subject of the provision, unless the loss or damage would occur even if the service has been met in due time.

Article. 479. [purchase things at the expense of the debtor] If the object of the service is determined by the amount of things that are marked only as to the genre, the creditor may, in the event of default the debtor purchased at his own expense the same amount of things of the same species or to require the debtor to pay their values, keeping in both cases, the claim for damages from delay.

Article. 480. [make replacement] § 1. In the event of default of the debtor in the implementation of the obligations, the creditor may, while retaining a claim for damages, request authorization by the Court to perform an action at the expense of the debtor.

§ 2. If the service is being deprecated, the creditor may, while retaining a claim for damages, request authorization by the Court to remove at the expense of the debtor, all that the debtor, contrary to the commitment made.

§ 3. In cases of an emergency, the creditor may, while retaining a claim for compensation for damage, perform without the authorization of the court action at the expense of the debtor or remove its cost is what the debtor, contrary to the commitment made.

Article. 481. [Interest for delay] § 1. If the debtor is delayed complying with the cash benefit, the creditor may demand interest for delay, even if did not suffer any injury and even if the delay was a result of circumstances for which the debtor cannot be held liable.

§ 2. If the interest rate for the delay was not marked, are statutory interest for delay in the amount equal to the sum of the reference rate of the National Bank of Polish and 5.5 percentage points. However, when the debt is interest rate higher, the creditor may demand interest for delay according to this higher rate.

§ 21. The maximum amount of interest for the delay not on an annual basis exceed twice the amount of statutory interest for the delay (maximum interest for the delay).

§ 22. If the amount of interest for the delay exceeds the maximum rate of interest for the delay to the maximum interest for the delay.

§ 23. Contract terms may not exclude or limit the provisions for interest maximum for the delay, even if you make a choice of foreign law. In this case, the provisions of the Act.

§ 24. Minister of Justice Announces by way of a notice in the official journal of the Republic of Poland "Polish Monitor", the amount of statutory interest for the delay.

§ 3. In the event of default the debtor the creditor may also claim compensation for the damage in General.

Article. 482. [Prohibition anatocyzmu] § 1. On late interest can be claimed interest for delay only from the time of filing of an action not, unless after the backlog the parties have agreed to make outstanding interest to debt.

§ 2. Provision of the preceding paragraph does not apply to long-term loans granted by credit institutions.

Article. 483. [penalty] § 1. You can stipulate in the contract that the damages from the non-performance or improper performance of the obligation in kind will be by payment of a specified sum (penalty).

§ 2. The debtor may not without the consent of the creditor up obligations by payment of the contractual penalty.

Article. 484. [penalty] § 1. In the event of non-performance or improper performance of an obligation contractual penalty to be the creditor in reserved on this case height regardless of the amount of damage suffered. Request compensation penalty height bearing is not permissible, unless the parties otherwise agreed.

§ 2. Where an obligation has been largely made, the debtor may demand a reduction in penalty; the same applies if the contractual penalty is grossly excessive.

Article. 485. [the application of the provisions on the penalty] If a special regulation provides that in the event of non-performance or improper performance of the obligation in kind the debtor, even without a contractual claims, is obliged to pay a specified sum to the creditor, shall apply mutatis mutandis the provisions of penalty.

Article. 486. [Delay creditor] § 1. In the event of default the creditor, the debtor may demand compensation for resulting damages from here; You may also submit the service provided to legal deposit.

§ 2. The creditor shall be permitted to delay, when without a valid reason or evade from acceptance of the zaofiarowanego provide, or refuses to make the steps, without which the provision cannot be met, or declares the debtor, that provision does not accept.

SECTION III performance and consequences of default of bilateral contracts Art. 487. [mutual Contracts] § 1. Construction and default effects with bilateral contracts shall be subject to the provisions of the preceding sections of this title, unless the provisions of this section do not provide otherwise.

§ 2. The agreement is reciprocal, when both parties undertake in such a way that the performance of one of them to be equivalent to the provision of the other.

Article. 488. [Simultaneous fulfilment of mutual-benefit] § 1. Benefits that are the subject of obligations of mutual agreements (mutual benefit) should be fulfilled at the same time, unless the contract, law or court decision or decision of other competent bodies, it appears that one of the parties is obliged to provide.


§ 2. If mutual benefits should be met at the same time, each party may refrain from the fulfillment of the provision, as long as the other party does not CST consideration.

Article. 489. (repealed) Article. 490. [not complying with the provision] § 1. If one of the parties is required to meet the consideration earlier, and the performance by the other party is doubtful because of her financial status, the obligated party to an earlier provision may refrain from its accomplishment, as long as the other party does not CST consideration or not security.

§ 2. The permission above does not have a page that at the time of conclusion of the contract was aware of bad financial disclosure of the other party.

§ 3. (repealed)

Article. 491. [Delay of one of the Parties], § 1. If one of the Parties shall be permitted to delay in complying with the obligation of mutual agreement, the other party may appoint its appropriate an additional time limit to comply with the threat that if the ineffective expiry of the deadline shall be entitled to withdraw from the contract. Might also be without a deadline, or after its expiration require performance of an obligation and compensation for the damage resulting from the delay.

§ 2. If both sides are divisible, and one of the Parties shall be permitted to delay only as to part of the provision, the permission to withdraw from the contract rights of the other party shall be limited, at its choice, either to that part, or the whole of the rest of the unfulfilled. This site may also withdraw from the contract in its entirety, if the performance of the part would not have meaning for her because of the properties of obligations or due to it's intended purpose, aware the which is in default.

Article. 492. [to withdraw] If permission to withdraw from the contract in the event of a default reserved has been mutual, within strictly defined, the entitled party may in the event of default of the other party to withdraw from the contract without a deadline. The same applies to cases where the execution of the obligations by one of the parties after the deadline for the other party would not matter because of the properties of obligations or due to it's intended purpose, aware the which is in default.

Article. 4921. [withdraw from the contract without the designation period of grace] if the party required to meet the provision declares that the provision that does not meet, the other party may withdraw from the contract without designation of a period of grace, also before the advent of marked the term of performance.

Article. 493. [Failure one of the benefits of mutual] § 1. If one of the mutual-benefit has become impossible due to circumstances for which the responsibility of the obligated party, the other party may, at his choice, or to demand compensation for the damage resulting from a default, or withdraw from the contract.

§ 2. In case of partial inability to provide one of the parties, the other party may withdraw from the contract if the performance of the part would not have meaning for her because of the properties of obligations or due to the intended by this page was the purpose of the agreement, aware of the, which the service became partly impossible.

Article. 494. [withdrawal] § 1. The party that withdraws from the contract, is required to pay the other side everything received from it under the agreement and the other party is obliged to accept. The party that withdraws from the contract, may require not only the return of what was, but also on the principles of the General compensation for the damage arising from default.

§ 2. Repayment of the benefit to the consumer should take place immediately.

Article. 495. [Non inability to provide] § 1. If one of the mutual-benefit has become impossible due to circumstances for which neither party accepts no liability, the party which had a provision to meet, may not require consideration, and, where it already has received, is obliged to return the according rules of unjust enrichment.

§ 2. If the provision of one of the parties has become impossible only partially, the party loses the right to the relevant part of the consideration. However, the other party may withdraw from the contract if the performance of the part would not have meaning for her because of the properties of obligations or due to the intended by this page was the purpose of the agreement, aware of the, which the service became partly impossible.

Article. 496. [the right to retain] If as a result of withdrawal from the agreement, the Parties shall make the refund of benefits, each of them shall have the right to stop, as long as the other party does not return the benefits received CST or cannot protect your claim for reimbursement.

Article. 497. [application of the provision on the right of retention] the provision of the preceding article shall apply mutatis mutandis in the event of termination or annulment of the mutual agreement.

TITLE VIII-off, renewal, relief from debt Article. 498. [Admissibility deductions] § 1. When two people are at the same time to each other debtors and creditors, each of them may deduct his claim with the claim of the other party, if the subject matter of both claims are money or goods of the same quality marked only as to the genre, and both claims are due and can be brought before a Court of law or another authority.

§ 2. As a result of the set-off both debts write off each other to lower debt.

Article. 499. [how to set-off] or make Deductions by a statement made on the other side. The Declaration has retroactive effect from the time when levy became possible.

Article. 500. [different places meet the benefits] if the subject matter of set-off are the debt, which places meet the benefits are different, the page that uses the possible deduction is required to pay the other side of the sum required to cover the resulting for her.

Article. 501. [Postponement of performance] Postponement of performance given by a court or free of charge by the creditor does not exclude set-off.

Article. 502. [deduction of debts przedawnionej] Debt past due may be deducted, if, at the time when the deduction became possible, the limitation period has not yet occurred.

Article. 503. [the application of pass payment] the rules of completion of payment shall apply mutatis mutandis to the set-off.


Article. 504. [Deduction used claims] claims of Involvement by a third off a remission of the claim by deduction only if the debtor has become a creditor of his creditor after classes or when its debt fell due after this time, and only later than the claim.

Article. 505. [exclusion of set-off] may not be waived by offsetting: 1) claims non-attachment;

2) claims to provide means of subsistence;

3) claims arising out of a tort;

4) claims for which set-off is disabled by special legislation.

Article. 506. [Renewal] § 1. If the debtor undertakes obligations to remit with the consent of the creditor to meet other service or even the same performance, but with a different legal basis, the commitment of the existing expire (renewal).

§ 2. In case of doubt, imputed that change the content of an existing obligation does not constitute a renewal. This is particularly the case when the creditor receives from the debtor's Bill of Exchange or cheque.

Article. 507. [security in the event of renewal] If a claim was secured by a surety or a limited monetary law as laid down by a third, the guarantee or limited right in rem shall expire upon renewal, unless the guarantor or the third party agrees to further the duration of protection.

Article. 508. [relief from debt] Obligation expires, if the creditor releases the debtor from the debt and the debtor relief.

TITLE IX change of creditor or debtor and creditor Change Article. 509. [transfer] § 1. The creditor may, without the consent of the debtor to transfer the debt to a third party (bank transfer), unless this is contrary to the law, allowing Contracting or property obligations.

§ 2. Along with the debt passed on to the purchaser all related rights, in particular the claim for arrears of interest.

Article. 510. [Konsensualność and kauzalność contract assignment] § 1. The contract of sale, Exchange, donation, or other binding agreement to transfer the claim moves to the purchaser claim, unless a special law provides otherwise or the parties otherwise agreed.

§ 2. If the conclusion of the contract of transfer occurs in the implementation of the obligations under previously concluded agreement committing to transfer claims from the plain, of unjust enrichment or other event, the validity of the contract of transfer depends on the existence of that obligation.

Article. 511. [transfer Form] If a claim is established by letter, the transfer of the claim should also be by letter stated.

Article. 512. [Payment into the hands of the vendor claims] Until the vendor has not given notice to the debtor of the transfer performance to hand the previous creditor has the effect of relative to the buyer, unless at the time of fulfilment the debtor knew of the transfer. This provision shall apply mutatis mutandis to other legal acts between the debtor and the previous creditor.

Article. 513. [debtor] § 1. The debtor is entitled against the purchaser claims all the allegations which he had against the vendor at the time of receiving the news of the transfer.

§ 2. The debtor can shed debt deducted a claim that it is entitled in relation to the vendor, even if has fallen due only after receipt by the debtor, notice to affiliate. However, this does not apply if the claim, the possibility for the terms of the vendor has become due later than the claim that is the subject of the transfer.

Article. 514. [reservation of consent of the debtor] If a claim is established by a contractual claim, that the transfer shall not take place without the consent of the debtor, is effective with respect to the buyer only if the letter contains the mention that that objection, unless the purchaser at the time of the transfer at reservation.

Article. 515. [allegations of vendor] if the debtor, who has received written notice of the transfer from the vendor, has met the performance into the hands of the buyer's claim, the vendor may refer to the debtor on the nullity of transfer or allegations arising from his legal basis only if, at the time of performance they were known to the debtor. This provision shall apply mutatis mutandis to other legal acts between the debtor and the buyer claims.

Article. 516. [Liability of the vendor] Vendor claims be liable to the purchaser liable for that claim him. For the solvency of the debtor at the time of transfer shall be liable only in so far as this responsibility upon themselves.

Article. 517. [Disable transfer] § 1. The provisions of the transfer does not apply to claims related to the document on the bearer or to document the transferable by endorsement.

§ 2. The transfer of receivables from the document bearer shares shall be effected by the transfer of ownership document. To transfer ownership of the document you need is his issue.

Article. 518. [acquisition of receivables] § 1. A third person, which repays the creditor acquires repaid the debt to the amount of payment: 1) If you pay someone else's debt, which is the responsibility of the person or some proprietary items;

2) if it has the right, in front of which repaid the debt takes precedence over satisfaction;

3) if the work with the consent of the debtor in order to join the law of the creditor; the consent of the debtor should be valid expressed in writing;

4) if it provide for specific provisions.

§ 2. In the cases above, a creditor cannot refuse to accept the provision, which is already due.

§ 3. If the creditor has been paid by a third party only in part, is what the rest of the priority to meet before a debt that has passed to a third party as a result of partial payment.

TITLE II Revision of the debtor Article. 519. [taking over the debt], § 1. A third party can enjoy a place of the debtor, who is with debt released (debt assumption).

§ 2. The acquisition of debt may be: 1) by agreement between the creditor and a third party with the consent of the debtor; a statement of the debtor may be given by any of the parties;

2) by an agreement between the debtor and a third party with the consent of the creditor; the creditor's statement may be made of any of the parties; It is ineffective, if the creditor did not know that the person who assumes the debt is insolvent.


Article. 520. [the term consent] Each of the parties, which have concluded an agreement on the acquisition debt, may appoint a person whose consent is necessary for the effectiveness of acquisition, an appropriate time limit to consent; ineffective the passage of time is clear from denying consent.

Article. 521. [denial of consent] § 1. If the effectiveness of the agreement for the acquisition of the debt depends on the consent of the debtor, and the debtor refused to consent, the contract shall be deemed to be null and void.

§ 2. If the effectiveness of the agreement for the acquisition of the debt depends on the consent of the creditor and the creditor refused consent, the party, which according to the agreement had to take over the debt against the debtor is responsible for the fact that the creditor will not be from the requested performance.

Article. 522. [a form of agreement for the acquisition of debt] agreement for the takeover of the debt should be void concluded in writing. The same applies to the consent of the creditor to take over the debt.

Article. 523. [presumption of acquisition debt] if the agreement for the transfer of ownership of immovable property, the purchaser has committed to release the vendor from the property-related debts, imputed in cases of doubt, that the parties have concluded an agreement to take over these debts by the purchaser.

Article. 524. [allegations of accepting debt] § 1. The transferee is entitled debt against the creditor any allegations, that had existing debtor, with the exception of deductions from the ground of the existing claims of the debtor.

§ 2. The transferee of a debt may not invoke against the creditor objections arising from an existing between the poignant debt and existing debtor relationship, which is the legal basis for the acquisition of the debt; However, this does not apply to the charges, which the creditor knew.

Article. 525. [security Expiration] If a claim was secured by a surety or a limited monetary law as laid down by a third, the guarantee or limited right in rem shall expire at the moment of the acquisition debt, unless the guarantor or the third party agrees to further the duration of protection.

Article. 526. (repealed) Title X Protection of the creditor in the event of the insolvency of the debtor Article. 527. [protection of creditors] § 1. When as a result of legal action the debtor made detrimental to creditors of a third party has obtained pecuniary advantage, each of the creditors may request recognition of this for your offer to him, if the debtor acted with the knowledge of suffering harm creditors, and a third person that knew or while maintaining due diligence to find out.

§ 2. The debtor's legal action is credited with detrimental to creditors, if as a result of this, the debtor has become insolvent or has become insolvent in a higher degree than he was before.

§ 3. If as a result of legal action the debtor made detrimental to creditors obtained pecuniary advantage a person in the middle of it, it shall be presumed that the person knew that the debtor was acting with the knowledge of the harm to the creditors.

§ 4. If as a result of legal action the debtor made detrimental to creditors ' pecuniary advantage obtained the entrepreneur the remainder with the debtor in solid economic relations, it shall be presumed that it was known that the debtor was acting with the knowledge of the harm to the creditors.

Article. 528. [ineffectiveness of voluntary actions] If as a result of legal action by the debtor detrimental to creditors a third party has obtained pecuniary advantage free of charge, the creditor may request the recognition of actions for ineffective, even if this person did not know and even while maintaining due diligence could not know that the debtor was acting with the knowledge of the harm to the creditors.

Article. 529. [presumption of awareness of suffering harm creditors] if, at the time of donation, the debtor was insolvent, it is presumed that acted with the knowledge of suffering harm creditors. The same applies if the debtor became insolvent as a result of making a donation.

Article. 530. [protection of future creditors] the provisions of the preceding articles shall apply mutatis mutandis in the case where the debtor was acting in his intention to harm future creditors. However, if a third party has obtained pecuniary advantage in return for payment, the creditor may request the recognition of actions for ineffective only if the third party of its intention to the debtor knew.

Article. 531. [appeal] § 1. Recognition for ineffective legal acts detrimental to the creditors of the debtor in an action or complaint against a third party, which as a result of this, the obtained pecuniary advantage.

§ 2. In the case when a third party rozporządziła obtained benefit, the creditor may occur directly against a person to whom the regulation, if this person was aware of circumstances justifying recognition of the activities of the debtor for ineffective or if the regulation has been free of charge.

Article. 532. [Powers of the creditor] Prompt legal action in respect of which the debtor has been declared ineffective, perhaps with priority over the creditors of a third party claim satisfaction with the property, that as a result of actions deemed severable came out of the debtor's assets or to enter into it.

Article. 533. [third party Exemption from liability], a third party who has obtained a pecuniary advantage as a result of legal action the debtor made detrimental to creditors, may exempt from compensation claim of the creditor requesting recognition steps for your offer, if you satisfy the creditor, or show him enough to satisfy the property of the debtor.

Article. 534. [the term appeal] Recognition of legal action made detrimental to creditors for your offer cannot be claimed after the expiry of five years from the date of this action.

TITLE XI of the Sales DEPARTMENT and general provisions Art. 535. [the contract of sale] By the contract of sale the seller undertakes to transfer to the buyer ownership of things and give him a thing, and the buyer undertakes to collect and pay the seller the price.

§ 2. (repealed)

Article. 5351. (repealed) Article. 536. [pricing] § 1. The price can be specified by indicating the grounds for its findings.

§ 2. If the circumstances show that the parties had in mind the price adopted in the relations of that type, imputed in cases of doubt, that it was the price at the place and time at which the thing has to be the buyer.


Article. 537. [Price rigid] § 1. If in the place and time of conclusion of the contract of sale is the order by which for things of a genus or species can be paid only price fixed (rigid), the price of this involves the parties no matter what price agreed in the contract.

§ 2. The seller, who has a price higher than the price of the rigid, is obliged to reimburse the buyer for the downloaded.

§ 3. The buyer, who according to the agreement, had to pay less than the price of a rigid, and the thing consumed or odprzedał at a price calculated on the basis of the agreed price, is obliged to pay the price of the rigid only when wear or odprzedaniem things he knew the price of a rigid or can know while maintaining due diligence. The buyer, that things are not consumed or odprzedał, can withdraw from the contract.

Article. 538. [maximum price] if, at the time and place of conclusion of the contract of sale is the order by which for things of a genus or species shall not be paid the price higher than the price specified (maximum price), the buyer is obliged to pay a higher price, and the seller, which has a higher price, is obliged to reimburse the buyer for the downloaded.

Article. 539. [minimum price] if, at the time and place of conclusion of the contract of sale is the order by which for things of a genus or species shall not be paid the price lower than the price specified (minimum price), a seller who has less, shall be entitled to claim for the refund the difference.

Article. 540. [Price resulting] § 1. If the competent authority has determined how the seller is to calculate the price for the things of the genus or species (resulting), apply, depending on the properties of such a price, or price regulations, or provisions on the maximum price.

§ 2. In the event of a dispute as to the correctness of the calculation of the resulting price for this price will determine the Court.

Article. 541. [limitation of claims arising from the difference in price] resulting from the provisions on price, maximum, minimum, or the resulting claim of the seller about the refund price difference, as well as the buyer's claim for a refund of the difference are subject at the end of the year from the date of payment.

Article. 542. (repealed) Article. 543. [offer] the issue of things at the point of sale to the public with prices shall be deemed to be an offer to sell.

Article. 5431. [Release things to the buyer] § 1. If the buyer is a consumer, the seller is obliged to immediately pass to the purchaser no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise.

§ 2. In the event of a delay of the seller, the buyer may designate an additional period to release stuff, and after its expiration may withdraw from the contract. The provisions of article 4. 492. 4921. 494 apply.

Article. 544. [While the release of things] § 1. If the thing sold is to be sent by the seller to a place that is not the place of performance, acceptance in case of doubt, that the release was made at the time when, in order to provide things to the place of destination, the seller gave it the carrier trudniącemu to an things of this kind.

§ 2. However, the buyer is obliged to pay the price until after the arrival of things at their destination and after giving him examine things.

Article. 545. [how to issue and receive things] § 1. How to issue and receive things sold should ensure its wholeness and integrity; in particular, how to pack and transport should correspond to the properties of the thing.

§ 2. If you send things sold at the place of destination via the carrier, the buyer is obliged to examine the shipment at the time and in the manner adopted for consignments; If found that at the time of the carriage was followed by loss or damage to things, is obliged to make any steps necessary to determine the carrier's liability.

Article. 546. [Documents, instructions] § 1. The seller is obliged before the conclusion of the contract to grant the buyer the necessary explanations about legal relationships and facts about things.

§ 2. The seller is obliged to deliver your documents, which relate to things. If the content of this document also applies to other things, the seller is obliged to issue a certified extract from the document. In addition, if it is needed for the proper use of the thing for its intended purpose, the seller is obliged to attach a statement and give explanations about how to use the thing.

Article. 5461. [duty to provide consumer information] § 1. If the buyer is a consumer, the seller is obliged to grant him before the conclusion of the contract of clear, comprehensible and not misleading information in Polish language, sufficient for the proper and full use of the thing sold. In particular, the following should be provided: type of thing, its the manufacturer or the importer, safety mark and the mark of conformity required by separate provisions, information about the authorisation in the Republic of Poland and, according to the kind of things, the definition of its energy intensity, as well as other data indicated in separate regulations.

§ 2. If the thing is sold wrapped or in a set, the information referred to in paragraph 1, should be on things sold or to be with her permanently. In other cases, the seller is obliged to put at the point of sale information, which may be limited to the kind of thing, its main characteristics and indicate the manufacturer or the importer of a thing.

§ 3. The seller is obliged to ensure at the point of sale the correct organizational and technical conditions to enable selection of the things sold and check its quality, completeness and the functioning of the main mechanisms and fundamental components.

§ 4. At the request of the buyer, the seller is obliged to explain the meaning of each of the provisions of the agreement.

§ 5. The seller is obliged to deliver to the buyer along with the thing sold all items of its equipment and drawn up in the language Polish operating instructions, maintenance and other documents required by separate provisions.

Article. 547. [Costs of issue and receive things] § 1. If neither the contract nor from orders, specifying the price, who charged to the costs of issue and receive things, the seller has to bear the costs of publication, in particular the costs of measuring or weighing, packaging, insurance for transit time and cost of sending things and pick up shall be borne by the buyer.


§ 2. If an item to be sent to a place that is not a place of fulfilment, insurance costs and transfer shall be borne by the buyer.

§ 3. Costs not included in the preceding paragraphs shall be borne by both sides after the half.

Article. 548. [Transition benefits and burdens] § 1. Upon the release of things sold are transferred to the buyer the benefits and burdens associated with the thing and the risk of accidental loss of or damage to things.

§ 2. If the parties have a different moment of the transition of the benefits and burdens, imputed in cases of doubt, that the risk of accidental loss or damage to the thing passes to the buyer at the same moment.

§ 3. If the thing sold has to be sent by the seller to the buyer is a consumer, the risk of accidental loss or damage to the thing passes to the buyer at the moment of its release to the purchaser. For things considered her entrusting by the seller to the carrier if the seller had no effect on the choice of the carrier by the buyer. Provisions less favourable to the buyer are void.

Article. 549. [Delay with things] if the buyer applied for a determination of the shape, dimension, or other characteristics of the things or the date and place of issue, and shall be permitted to delay the making of the sign, the seller can: 1) execute permissions, which are entitled to the creditor in the event of default by the debtor to the fulfilment of the consideration, or 2) to make the same determination and provide to the buyer by appointing him a reasonable period to a different determination; After the unsuccessful expiry of designation made by the seller to the buyer.

Article. 550. [Reservation exclusive buyer] If in the contract of sale was reserved to the buyer exclusively, or in such a way that the seller will not deliver the things a particular kind of others, or that the buyer will be the only odprzedawcą purchased stuff on the marked area, the seller may not to the extent to which exclusivity has been reserved, neither directly nor indirectly include sales contracts, which could affect the exclusivity granted to the buyer.

Article. 551. [delay in receipt of the things] § 1. If the buyer has committed to delay receiving things sold, the seller can donate to for safekeeping at the expense and risk of the buyer.

§ 2. The seller may also sell to the buyer's account, however, should prior to designate the buyer additional time to receive, unless the designation of the term it is not possible, or that the thing is exposed to corruption, or that otherwise would face damage. To make a sale, the seller is obliged to immediately notify the buyer.

Article. 552. [Delay with payment of the price] if the buyer is guilty of delay of payment of the price of the delivered part of the things sold or if due to its financial status is doubtful whether the payment of the price for the part of things, to be delivered later, you will be on time, the seller may refrain from bringing further parts of the things sold by naming the buyer a reasonable period to provide security for payment, and after the expiration of the statutory period may withdraw from the contract.

Article. 553. (repealed) Article. 554. [limitation of claims from the sale] claims for sales made within the scope of the business of the seller, claims the title of artisans and agricultural farms with agricultural and forestry shall lapse at the end of the two years.

Article. 555. [Sale of energy and water rights] Provisions to sell things shall apply mutatis mutandis to the sale of electricity, and water.

Article. 5551. (repealed) TITLE II Warranty for defects of article. 556. [Warranty] the seller is liable to the buyer if the thing sold has a defect or entity (warranty).

Article. 5561. [physical defect] § 1. A physical defect is the incompatibility of things sold. In particular, the thing sold is incompatible with the contract if: 1) has no properties that this kind of thing should have due to the target in the contract marked or due to the circumstances or purpose;

2) has no properties, the existence of which the seller has provided the buyer, including providing a sample or model;

3) is not suitable for the purpose for which the buyer has informed the seller at the conclusion of the contract, and the seller has not objected to such a destination;

4) was released to the buyer able to incomplete position.

§ 2. If the buyer is a consumer, on a par with the seller treats the public ensure that the manufacturer or his representative, the person who introduces to the market in terms of its economic activity, and the person who by putting on things sold his name, trade mark or other distinctive sign shall be as a producer.

§ 3. The thing sold has a physical defect in the event of defective its install and run, if these steps are made by the seller or a third party, for which the seller has to bear the responsibility, or by the buyer who has acted according to the instructions received from the seller.

Article. 5562. [presumption of the existence of physical defects] If the buyer is a consumer, and a physical defect has been detected within one year from the date of the things sold, it shall be presumed that the defect or cause existed at the time of transition of danger to the buyer.

Article. 5563. [legal defect] the seller is liable to the buyer if the thing sold is the property of a third party or if it is charged a third law, and if the restriction on the use or disposition of thing arises from a decision or a decision of the competent authority; in the case of sale the seller is also responsible for the existence of laws (legal defect).

Article. 557. [indemnity] § 1. The seller is relieved of liability under warranty, if the buyer knew about the defect at the time of conclusion of the contract.

§ 2. When the subject of the sale are things marked only as to the species or things that arise in the future, the seller is released from liability for warranty if the buyer knew about the defect at the time when the items. This provision shall not apply, if the buyer is a consumer.


§ 3. The seller is not liable to the buyer who is a consumer for being the thing sold has no properties arising from public assurances referred to in article 1. 5561 § 2, if the representations of those not familiar with or, in assessing the reasonable, could not know or they could not affect the buyer's decision on conclusion of the contract of sale, or when their content has been corrected prior to the conclusion of the contract of sale.

Article. 558. [Modification of liability] § 1. The parties may liability for warranties extend, limit or exclude. If the buyer is a consumer, the limitation or disclaimer of warranty is permitted only in the cases provided for in specific legislation.

§ 2. Exclusion or limitation of liability for implied warranties is ineffective, if the seller fraudulently withheld the defect before buyers.

Article. 559. [Responsibility for physical defects] the seller is responsible for the warranty for material defects that existed at the time of transition of danger to the buyer or arose from causes inherent in the things sold at the same time.

Article. 560. [reduction of the price or withdraw from the contract] § 1. If the thing sold has a defect, the buyer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience to the buyer to replace the defective for free from defects or defect will remove. This restriction does not apply, if the thing was already been replaced or repaired by the seller or the seller did not satisfy the obligation to exchange things for free from defects or defect.

§ 2. If the buyer is a consumer, instead of the proposed removal of the defect by the seller to require the exchange of things for free from defects or instead of exchanging things require removal of the defect, unless you bring things to conformity with the contract in the manner chosen by the buyer is impossible or would involve excessive costs compared with the way proposed by the seller. When evaluating costs shall take into account the value of the things free from defects, the nature and importance of the defect, and also takes into account the disadvantages to which the buyer would be exposed otherwise meet.

§ 3. Reduced rates should be in such a proportion to the prices resulting from the agreement, in which the value of the things with the disadvantage remains to the value of the thing without defect.

§ 4. The buyer may not withdraw from the contract, if the defect is irrelevant.

Article. 561. [Replacement goods or repair] § 1. If the thing sold has a defect, the buyer may require the exchange of things for free from defects or defect.

§ 2. The seller is obliged to replace the defective thing for free from defects or remove the defect within a reasonable period of time without undue inconvenience to the buyer.

§ 3. The seller can refuse the buyer, if to conformity with the contract stuff the flawed in the manner chosen by the buyer is impossible or in comparison with the other possible way to bring to conformity with the contract would require excessive costs. If the buyer is an entrepreneur, the seller may refuse to exchange things for free from flaws or defects, even if the cost of compensation that obligation exceed the price of the thing sold.

Article. 5611. [Dismantling things flawed] § 1. If an item is defective, the buyer may require the seller to remove and remount after the exchange for free from defects or removal of the defect. In the event of non-fulfilment of this obligation by the seller, the buyer is entitled to make those steps at the expense and risk of the seller.

§ 2. The seller may refuse to dismount and remount, if the cost of these activities exceeds the price of the thing sold.

§ 3. If the buyer is a consumer, he may require the seller to dismantling and re-installation, is obliged, however, to bear part of the cost exceeding the price of the things sold or may require the seller to pay part of the costs of dismantling and re-installation, up to the amount of the price of the thing sold.

Article. 5612. [Provide things the flawed] § 1. The buyer, which shall exercise the powers in respect of warranty, is obliged at the expense of the seller to deliver to a faulty to the place designated in the contract of sale, and when such a location is not specified in the contract, to the place where the thing is delivered to the buyer.

§ 2. If due to the nature of the thing or the way it is fitting to provide things the buyer would be excessively difficult, the buyer is obliged to provide to the seller in the place in which the thing is located.

§ 3. The provisions of § 1 and 2 shall apply to return things in the event of withdrawal from the contract and exchange things for free from defects.

Article. 5613. [the cost of replacement or repair] subject to article. 5611 § 2 and 3 of the cost of replacement or repair shall be borne by the seller. In particular, this includes the cost of dismantling and delivery of things, labor, materials, and installation and commissioning.

Article. 5614. [acceptance of things] the seller is obliged to accept the buyer for defective in case of replacing things for free from defects or withdraw from the contract.

Article. 5615. [the recognition of requests for replacement or removal of the defect to be justified] if the buyer who is a consumer has requested replacement or removal of the defect or made a statement about the price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, considers that the request is considered to be justified.

Article. 562. [Things provided parts] If in the contract of sale stipulated that delivery of things is to be sold, and the seller even though the buyer's request did not provide instead of things defective the same amount of stuff free from defects, the buyer may withdraw from the contract as well as to parts of things, to be delivered later.

§ 2. (repealed)

Article. 563. [the loss of the warranty rights] § 1. Business-to-business sales the buyer loses the permissions under warranty, if not examined things at the time and in the manner adopted by things of this kind and does not notify the seller without delay of the defect and, if the defect came to light only later-if you do not notify the seller immediately after it.

§ 2. To maintain the above deadline it is sufficient to send before the expiry of the notice of defect.


Article. 564. [Sneaky concealment of defects] in the cases provided for in article 4. 563 loss of privilege of warranty for defects of things not done, despite the failure of terms to examine things by the buyer or to notify the seller about the defect, if the seller knew about the defect or assured the buyer that the defect does not exist.

Article. 565. [Defective parts of things] If out of things sold only some are defective and can be detached from things which are free of defects without damage for both parties, the permission of the buyer to withdraw from the contract is limited to things.

Article. 566. [damages] § 1. If, by reason of physical defects of things sold the buyer made a statement of withdrawal from the contract or reduce the price, he may claim compensation for the damage, which has suffered through it, that has entered into an agreement, not knowing about the existence of a defect, even if damage was the result of circumstances for which the seller is not liable, and in particular may request a refund of the conclusion of the contract, the costs of receiving, carriage, storage and insurance and reimbursement expenses to the extent which did not benefit from these inputs. Without prejudice to the provisions on the obligation to compensate for damage in General.

§ 2. Provision of section 1 shall apply mutatis mutandis in the event of delivery of the things free of defects instead of things the flawed or removal of the defect by the seller.

Article. 567. [Reference things] § 1. If the seller shall be permitted to delay receiving things, the buyer may return the favor at the expense and risk of the seller.

§ 2. In the case of business-to-business sales the buyer is entitled, and when the seller's interest so requires-must sell the thing with due diligence, if there is a danger of deterioration of things. Of its intention to sell the buyer should as far as possible, notify the seller in each and the event should send him a notice immediately after the sale. The buyer may also refer to the seller at his own expense and risk.

Article. 568. [time limits of the investigation powers of the warranty] § 1. The seller is liable under warranty, if a physical defect is found before the end of the two years, and when it comes to real estate defects – before the expiry of five years from the date of issue of the things the buyer. If the buyer is a consumer and the subject of sale is used for moving, the seller may be limited, not less than one year from the date of adoption of the things the buyer.

§ 2. A claim for defects or replacement of things sold on a free from defects are subject at the end of the year, counting from the day of the defect. If the buyer is a consumer, the limitation period cannot be completed before the expiry of the period referred to in paragraph 1.

§ 3. Within the time limits referred to in § 2, the buyer may make a statement of withdrawal from the contract or reduce the price because of the disadvantages of the thing sold. If the buyer has requested the exchange of things for free from flaws or defects, the time limit to make a declaration of withdrawal from the contract or reduce the price starts with the ineffective expiry to exchange things or removal of the defect.

§ 4. In the event of an investigation before the Court or arbitration one of the powers of the warranty term for the implementation of other rights, the rights of the buyer, shall be suspended until the final conclusion of the proceedings.

§ 5. Provision of § 4 shall apply mutatis mutandis to the mediation procedure, the time limit for the implementation of the other rights of warranty rights, the buyer begins to run from the date of the refusal by the court approval of a settlement concluded before a mediator or ineffective end of the mediation.

§ 6. Expiry of the defect does not exclude enforcement powers under warranty, if the seller has a defect deceitfully withheld.

Article. 5681. [the responsibility of warranty] If specified by the seller or the manufacturer's shelf life things to use ends after the expiry of two years from the date of adoption of the things the buyer, the seller is liable for the warranty for material defects of the things identified before the expiry of that period. Provision of art. 568 § 6 shall apply.

Article. 569. (repealed) Article. 570. (repealed) Article. 571. (repealed) Article. 572. (repealed) Article. 5721. (repealed) Article. 573. [notification of defects the legal] the buyer, against which the third person comes of things sold, is obliged to immediately notify the seller and invite him to participate in the case. If this failed, and a third party has obtained a judgment for themselves, the seller shall be relieved of liability in respect of the warranty for the legal defect as far as his participation in the proceedings was needed to demonstrate that the claim of a third party were completely or partially unfounded.

Article. 574. [damages] § 1. If, by reason of the legal defects of things sold the buyer made a statement of withdrawal from the contract or reduce the price, he may claim compensation for the damage, which has suffered through it, that has entered into an agreement, not knowing about the existence of a defect, even if damage was the result of circumstances for which the seller is not liable, and in particular may request a refund of the conclusion of the contract, the costs of receiving, carriage, storage and insurance of the things the effort made by them, to the extent that it did not address benefits, and has not received reimbursement from a third party, and the reimbursement of the costs of the process. Without prejudice to the provisions on the obligation to compensate for damage in General.

§ 2. Provision of section 1 shall apply mutatis mutandis in the event of delivery of the things free of defects instead of things the flawed.

Article. 575. [Release things to a third party] if, by reason of the legal defects of things sold the buyer is forced to pass to a third party, contractual Disclaimer of warranty shall not relieve the seller from the obligation to repay the received price, unless the buyer knew, that the rights of the seller were disputed, or that acquired a thing at your own risk.

Article. 5751. [seller's Exemption from liability] if the buyer avoided the loss, in whole or in part, the object of sale, or the effects of the workload for the benefit of a third party by payment of a sum of money or meet another provision, the seller may exempt from liability for warranties, paying the buyer paid the sum or value of the true benefits together with interest and costs.


Article. 576. [time limits of the investigation powers of the warranty for defects] To the exercise of the powers in respect of the warranty for defects in legal stuff sold the provisions of art. 568 § 2-5, except that the period referred to in article 1. 568 § 2, starts from the date on which the buyer learned of the existence of the defect, and if the buyer learned of the existence of the defect at the third effect – from the date on which a judgment given in a dispute with a third party it has become legally valid.

II1 DEPARTMENT Claim the seller in connection with defects in things sold Article. 5761. [compensation for damage suffered] § 1. If an item does not have the properties that should be in accordance with its intended purpose or in accordance with the public offerings of assurances referred to in article 1. 5561 § 2, or was released in a State of incomplete position, a salesman who has suffered the costs as a result of the implementation of rights of warranty for defects by the consumer may demand compensation for the damage suffered from the previous retailers, as a result of the acts or omissions of the thing has become faulty.

§ 2. Responsibility as laid down in paragraph 1 also bears a salesman who defect of previous things, did not disclose the buyer or drew up the instructions and run the attached to things, if the defect caused by installation and run things by the consumer in accordance with these instructions.

§ 3. The compensation referred to in § 1, includes the reimbursement of expenditure necessary for the implementation of the rights of the consumer, in particular related to the replacement or removal of the disadvantages of the things sold, its dismantling, transporting and installing again, and in addition, the amount by which was reduced price things, and lost profits.

Article. 5762. [limitation of claim] § 1. The claim of the seller are subject to over six months. The limitation period shall start running from the day costs by seller as a result of the implementation of the rights of warranty to the consumer, not later than the date on which the seller should perform their duties to the consumer.

§ 2. If the Court gave an action for recovery of damages, stating that the defendant was not responsible for the rise of material defects, the limitation period in respect of all the other sellers may not end before the expiration of six months from the date on which the judgment dismissing an action has become legally valid.

Article. 5763. [obligation to compensate for damage] the provisions of this chapter are without prejudice to other provisions on the obligation to repair the damage.

Article. 5764. [prohibition of the exclusion or limitation of liability] the liability provided for in this chapter cannot be excluded or limited.

SECTION III of the Warranty on the sale of Art. 577. [Guarantee] § 1. Guarantees shall be effected by the deposit guarantee statement that specifies the obligations of the guarantor and the permission of the buyer in case the thing sold has no properties set out in this privacy statement. The guarantee statement may be made in your ad.

§ 2. The obligations of the guarantor may in particular rely on the return of the price paid, the exchange of things or its repair and providing other services.

§ 3. If it has been granted a guarantee as to the quality of the things sold, imputed in cases of doubt, that the guarantor is obliged to remove the disadvantages of physical things or to provide things free from defects, provided that these defects reveal within the period referred to in the guarantee statement.

§ 4. If you do not have another period, the warranty period is two years, counting from the day when the thing was the buyer.

Article. 5771. [warranty statement] § 1. The guarantor shall formulate the guarantee statement in a clear and comprehensible manner, and when the type of information it allows – widely understandable graphical form. If an item is placed on the market in the Republic of Poland, the guarantee statement shall be drawn up in the Polish language. Requirements to use Polish language does not apply to proper names, trademarks, trade names, indications of the origin of goods and customarily used scientific and technical terminology.

§ 2. The guarantee statement contains the basic information needed to guarantee the exercise of the powers, in particular the name and address of the guarantor or his representative in the Republic of Poland, the duration and territorial extent of warranty, privileges in case of any defects, as well as a statement that the warranty does not exclude, limit or suspend the buyer's rights arising from the provisions of the warranty for material defects.

§ 3. To fulfil the requirements of paragraph 1 and 2 shall not affect the validity of the warranty claim and does not deprive its permissions.

Article. 5772. [guarantee document] holder of a guarantee may require the guarantor to issue warranty statement settled on paper or another durable medium (guarantee document).

Article. 5773. [Edition guarantee document] the seller appears to the buyer along with the thing sold guarantee document and checks on things the labels from the data contained in the guarantee document and the condition of the seals and the other on security stuff.

Article. 578. [the responsibility of guarantor] if guarantee not otherwise stipulated, the liability under the warranty only covers defects caused for reasons inherent in the sold item.

Article. 579. [Warranty and the warranty] § 1. The buyer may exercise powers of warranty for defects of things regardless of the rights arising from the warranty.

§ 2. Execute permissions from the guarantee does not affect the liability of the seller under warranty.

§ 3. However, in the event of execution by the buyer with the warranty period for the implementation of rights of warranty shall be suspended from the date of notification to the seller of the defect. This time limit runs from the day of refusal by a guarantor of implementation of obligations resulting from the warranty or ineffective over time to implement them.

Article. 580. [the exercise of the powers of the warranty] § 1. Who shall exercise the powers arising from the guarantee, should provide for the cost of the guarantor to the place indicated in the warranty or to the place where the thing was released by the award of the guarantee, unless the circumstances show that the defect should be removed at the point where the thing was, at the time of failure.


§ 2. The guarantor is obliged to perform his duties within the period specified in the warranty statement content, and when it is not specified – immediately, but not later than within fourteen days from the date of delivery of the goods by the holder of the guarantee, and provide him the benefit at your expense to the place indicated in § 1.

§ 3. The risk of accidental loss or damage to the thing at the time of the release of its guarantor to its receipt by the holder of the guarantee shall be borne by the guarantor.

Article. 581. [warranty period] § 1. If in the execution of their duties, the guarantor has provided the holder of the guarantee rather than stuff the defective thing free from defects or made substantial repairs things covered by the warranty, the warranty period shall run again from the time of delivery of the things free from defects or return things repaired. If the guarantor listed part of things, this provision shall apply mutatis mutandis to the parts listed.

§ 2. In other cases, the warranty period shall be extended by the time during which a result of material defects covered by the warranty holder of the guarantee could not use it.

Article. 582. (repealed) SECTION IV Special types of sale Section and HP Article. 583. [the contract of sale on the HP] § 1. Sales of HP is made in respect of the activities of the company sale movable to a natural person for the price paid in specified instalments, if the contract is to be released to the buyer before the total payment of the price.

§ 2. The issue of a bill of Exchange by the buyer on the cover or the purchase price does not exclude the application of the provisions of this chapter.

Article. 584. [Warranty for material defects] § 1. Liability of the seller in respect of the warranty for defects of things sold on installment may be by contract, disabled or restricted only in the cases provided for by specific provisions.

§ 2. Agreement shall not hinder the buyer execute permissions from the warranty.

Article. 585. [Early deposit rat], the buyer may pay instalments before the due date. In the event of early payment, the buyer may deduct the amount that corresponds to the amount of the interest rate applicable to the type of Polish National Bank loans.

Article. 586. [Disclaimer immediate maturity price] § 1. Disclaimer immediate maturity in the event of price nieuiszczonej to fulfil the terms of the individual rat is effective only if it was made in writing at the conclusion of the contract, and the buyer is in default with payment at least two instalments, the total and the sum of the outstanding instalments exceeds one fifth part of the contracted price.

§ 2. The seller may withdraw from the contract due to non-payment of rates only if the buyer is in default with payment at least two instalments, and the total of the outstanding instalments exceeds one fifth part of the contracted price. In the event that the seller should designate an appropriate additional term the buyer to pay the backlog with the threat that if the ineffective expiry of the deadline shall be entitled to withdraw from the contract.

§ 3. Contract terms which are less favourable for the buyer are void. Instead, apply the provisions of this article.

Article. 587. [purchase things in respect of the activities of undertakings] chapter of this does not apply to sales, if the buyer has acquired for his business activities.

Article. 588. [Bank loan] § 1. This chapter shall apply mutatis mutandis in cases where the moving thing is sold to an individual that uses the credit granted by the bank, if the loan is to be repaid in installments, and the thing was released to the buyer before the total repayment of the loan.

§ 2. To secure the claims of the Bank, which provides credit, entitled to the statutory right of lien on the thing sold, until the thing is on the buyer.

§ 3. Liability for the warranty for material defects is borne entirely by the vendor.

Chapter II of the Reservation of title. Sale to the test Article. 589. [sales subject to ownership of things] if the seller has reserved a property sold movable until payment of the price, imputed in cases of doubt, that the transfer of ownership of stuff occurred under the condition precedent.

Article. 590. [a form of reservation of ownership] § 1. If an item is released to the buyer, the retention of title should be identified by a letter. It is effective against the creditors of the buyer, if the letter has a date certain.

§ 2. (repealed)

Article. 591. [remuneration for wear or damage things] in the case of retention of title the seller receiving the benefit may require appropriate remuneration for wear or damage to things.

Article. 592. [Sell on] § 1. Sales on or subject to the examination of the goods by the buyer's acceptance in the case of doubt have been concluded under the condition precedent, that the buyer finds the subject of sales for good. In the absence of a designation in the contract term or explore things the seller may designate the purchaser a reasonable period.

§ 2. If the buyer to receive, and has not submitted a declaration before the expiry of the agreed by the parties or designated by the seller of the term, it is considered that the subject of the considered the sale of a good.

Chapter III right of repurchase agreements Art. 593. [reservation of repurchase] § 1. The right of repurchase may be reserved for the duration of the nieprzenoszący five years; longer term is reduced to five years.

§ 2. The right of repurchase by the seller's statement to perform complex buyer. If the conclusion of the contract of sale require a particular form of conduct, a statement of the exercise of the right of repurchase should be submitted in the same form.

Article. 594. [execution of the repurchase rights] § 1. Upon the exercise of the right of repurchase, the buyer is obliged to move back to the seller of property purchased by the return of price and cost of sales, and return on investment; However, the reimbursement of expenses which do not constitute the necessary effort, the buyer is only within the limits of the existing value of things.

§ 2. If specified in the contract of sale the repurchase price moves the price and the cost of the sale, the seller may request the price reduced buy-back to the value of the thing at the time of the exercise of the right of repurchase, but not below the sum calculated according to the preceding paragraph.

Article. 595. [non-transferability and indivisibility of the right of repurchase] § 1. The repurchase right is inalienable and indivisible.

§ 2. If there is more than entitled to repurchase, and some of them do not wykonywają this right, the other can be done in its entirety.

Chapter IV


Right of first refusal Article. 596. [reservation of rights of first refusal] if the Act or action of legal reserves for one of the pages take precedence over the purchase of marked things in the event that the other party has sold to a third party (the right of first refusal), shall apply in the absence of specific provisions the provisions of this chapter.

Article. 597. [sales condition] § 1. To which the right of first refusal, may be sold to a third party only if entitled to his right of first refusal will not.

§ 2. Right of first refusal is performed by a statement made principal. If the conclusion of the contract of sale stuff, which the right of first refusal, requires a particular form, a statement of the exercise of the right of first refusal should be submitted in the same form.

Article. 598. [notice authorized] § 1. Required for right of first refusal shall inform the holder about the content of the contract of sale entered into with a third party.

§ 2. The right of pre-emption to real estate can be done in a month, and as for the other things, within a week of receipt of the notice of sale, unless you have reserved other terms.

Article. 599. [effects of selling outright] § 1. If required for pre-emption rights sold to a third party without conditions or if you do not notify the holder to sell or gave him to an important provisions of the contract of sale in accordance with reality, you are responsible sustained here.

§ 2. However, if the right of pre-emption shall be entitled by law the State Treasury or local government unit, współwłaścicielowi or tenant, sale made unconditionally is void.

Article. 600. [execution of right of first refusal] § 1. By the exercise of the right of first refusal comes into effect between the obliged entities and eligible contract for the sale of the same content, which the contract entered into by the debtor and a third party, unless a special law provides otherwise. However, the provisions of the contract with a third party, aimed at defusing the pre-emption rights, are entitled.

§ 2. If the contract of sale entered into with a third party provides additional benefits, which are entitled to pre-emptive could not meet, may he performed by paying the value of those benefits. However, when the right of first refusal shall be entitled to the State Treasury or local government unit by the Act, such additional benefit shall be deemed to be non-proprietary.

Article. 601. [payment of the price at a later date] where, in the sales agreement concluded with a third party price to be paid at a later date, the right to first refusal can this term only, when will secure payment of the price. This provision shall not apply when the legitimate State is an organizational unit.

Article. 602. [non-transferability and indivisibility of right of first refusal] § 1. The right of pre-emption is not transferable. It is indivisible, unless special provisions allow for partial exercise of this right.

§ 2. If there is more than legitimate, and some of them do not wykonywają pre-emption rights, others can perform them in their entirety.

TITLE XII Replacement Article. 603. [Agreement to replace] By agreement to replace each party undertakes to transfer to the other side of the ownership of things in Exchange for agreeing to the transfer of ownership of other things.

Article. 604. [the application of the provisions of the sale] to replace a shall apply mutatis mutandis the provisions of the sale.

TITLE XIII Delivery Art. 605. [supply agreement] By agreement of delivery the supplier undertakes to manufacture the things marked only as to the genre and to supply parts or periodically, and the recipient agrees to pick up these things and to pay the price.

Article. 6051. (repealed) Article. 606. [form of delivery contracts] a supply contract should be established by letter.

Article. 607. [Inadequate resources or materials] If raw materials or materials necessary for the implementation of the delivery item and provided by the recipient are not useful for the proper execution of the delivery item, the supplier is obliged to immediately notify the recipient.

Article. 608. [Contractual retention of quality things] § 1. If the agreement stated that production of the ordered things you want from a particular genre or origin, the supplier shall inform the customer about their preparation for the production and is obliged to allow the recipient to check their quality.

§ 2. If the agreement stated that production of the ordered things in a certain way, the provider is obliged to allow the recipient to check the production process.

Article. 609. [Warranty for material defects provided things] the supplier shall bear liability for the warranty for material defects provided things also in this case, when creating things in the manner specified by the customer or provided by the technological documentation, unless the supplier, despite due diligence, could not detect the defect mode of production or technological documentation or that the recipient, even though the supplier view of this defect , insisted on by yourself how to production or technological documentation.

Article. 610 [Delay start] if the supplier delays the start of the manufacture of the delivery item or individual parts of it so far, that is not likely to able to deliver them in the time agreed, the recipient may not setting a period of grace from the agreement to withdraw even before the expiry of the deadline for delivery of the delivery item.

Article. 611. [Faulty execution] if, in the course of the manufacture of the subject of delivery you find that the provider perform this item in a defective or contrary to the contract, the customer may request the provider to change how to do setting a provider in the appropriate term, and after the expiration of the statutory period of agreement to withdraw.

Article. 612. [the application of the provisions of the sale] items not regulated by the provisions of this title, to the rights and obligations of the supplier and the customer shall apply mutatis mutandis the provisions of the sale.

TITLE XIV Contracting Article. 613 [cultivation contract] § 1. By the agreement of contracting agriculture producer undertakes to produce and deliver the kontraktującemu marked with the amount of certain types of agricultural products, and kontraktujący agree to receive these products within agreed, pay the agreed price and meet certain additional benefit, if the contract or specific provisions provide for the obligation to comply with such provision.


§ 2. The amount of agricultural products may be in the contract marked also by area, from which these products are to be collected.

§ 3. Sales law of rigid prices, maximum, minimum and consequential damages shall apply mutatis mutandis.

§ 4. By the agricultural producer is also understood as a group of agricultural producers or their relationship.

Article. 614. [joint and several responsibility of manufacturers of leading together holding] if the contracting is to be produced on a farm run by a bunch of people together, the liability of such persons against kontraktującego is joint and several.

Article. 615. [benefits] additional Benefits from the kontraktującego can be, in particular: 1) ensuring the producer possible acquisition referred to the means of production and financial assistance;

2) help agrotechniczna and zootechniczna;

3) cash bonuses;

4) bonuses in kind.

Article. 616. [a form of cultivation contracts] no supply Agreement should be concluded in writing.

Article. 617. [powers of kontraktującego] Kontraktujący is entitled to the supervision and control of the performance of the cultivation contract by the manufacturer.

Article. 618. [place of performance] Provide the manufacturer should be met at the place of manufacture of the contracted products, unless otherwise follows from the agreement.

Article. 619. (repealed) Article. 620. [the provision of partial] if the contracting is evenly divisible, kontraktujący may not refuse to provide a partial, unless otherwise stated.

Article. 621. [Warranty for material defects and legal cultivation item] To the warranty for material defects and legal subject matter of cultivation and of the means of production supplied to the manufacturer by the kontraktującego shall apply mutatis mutandis the provisions of warranty when purchased with this change, that the right to withdraw from the contract due to physical defects of the subject of contracting have kontraktującemu only when the defects are significant.

Article. 622. [the impossibility of performance] § 1. If as a result of circumstances for which neither party accepts no responsibility, the manufacturer may not provide the subject of the cultivation is obliged only to return downloaded advances and bank loans.

§ 2. In the agreement, the parties may stipulate conditions for reimbursement of advances and loan more favourable for the manufacturer.

Article. 623. [notice of inability to provide subject matter made] if the cultivation contract puts the manufacturer requirement within a certain period the inability to provide the subject of the cultivation as a result of circumstances for which the manufacturer does not accept liability, breach of the obligation due to the fault of the manufacturer disables the ability to rely on those circumstances. However, this does not apply if the kontraktujący of the above circumstances known or when they were widely known.

Article. 624. [limitation of claims] § 1. The mutual claims of the manufacturer and kontraktującego barred at the end of two years from the date of fulfilment by the manufacturer and, if the provision of the manufacturer was not met – from the date on which it should have been met.

§ 2. If the provision was fulfilled, the limitation period runs from the date on which it was fulfilled the last partial benefit.

Article. 625. [the passage of rights and obligations to the buyer holding] If after the conclusion of cultivation contracts holding manufacturer over possession of another person, the rights and obligations resulting from this agreement are transferred to the new holder. However, this does not apply if the transition have been the consequence of the consideration for acquisition of the holding, and the buyer does not know and even though due diligence could not know of the existence of a cultivation contract.

Article. 626. [payment of farm cooperatives] § 1. If after the conclusion of cultivation contracts, the manufacturer brought their farm as a contribution to the agricultural production cooperatives, the cooperative that ascends in the rights and obligations of the manufacturer, unless the status of the transferred holding is ago.

§ 2. If the status of the holding of the manufacturer at the time of its accession to the cooperative does not allow you to perform a cultivation contract by the cooperative, the contract expires and the manufacturer is obliged to return downloaded advances and bank loans; other benefits of this Agreement shall apply, in so far as they are not used for the implementation of the agreement.

§ 3. If the producer after joining cooperatives or make individual equipment contracted sets, it bears sole responsibility for the implementation of the cultivation contract.

TITLE XV Article work agreement. 627. [subject of the contract] By agreement on the work of taking the order undertakes to perform the work, the contracting authority and marked to pay compensation.

Article. 6271. (repealed) Article. 628. [flat-rate Remuneration] § 1. The amount of remuneration for the performance of the works can be specified by indicating the grounds for its findings. If the parties have not determined the amount of remuneration or indicated grounds for its determination, imputed in cases of doubt, that the parties had in mind the usual remuneration for the work of this kind. If also in this way you can not determine the amount of remuneration, the remuneration corresponding to a reasonable labor and another providing the host order.

§ 2. Sales law of rigid prices, maximum, minimum and consequential damages shall apply mutatis mutandis.

Article. 629. [remuneration rate item] if the parties determined the remuneration on the basis of the estimate, the planned work and the anticipated costs (cost estimate), and in the course of performing the work, the order of the competent authority of the State has changed the prices or rates applicable in rate calculations, either party may request the appropriate changes to the agreed remuneration. This does not apply to duties paid for materials or labor, before the change of prices or rates.

Article. 630. [additional work] § 1. If in the course of performing the work necessary to carry out work, which were not provided for in a schedule of work planned are the basis for calculating the remuneration of analytical accounting and statement made the customer, taking the order may request a corresponding increase of the agreed remuneration. If a statement of planned works drew up the receiving order, it may require an increase in remuneration only if even though due diligence could have foreseen the need for additional work.


§ 2. The order taker may not require an increase in salary if he performed additional work without obtaining the consent of the contracting authority.

Article. 631. [remuneration Increase analytical accounting] if, in the cases provided for in the two preceding articles, there has been a need for a substantial salary increase analytical accounting, the contracting authority may withdraw from the contract should, however, make it immediately and pay the host order the relevant part of the agreed remuneration.

Article. 632. [failure to raise a fixed amount] § 1. If the parties agreed on a flat-rate remuneration order taker may not require an increase in remuneration, even if at the time of conclusion of the contract could not have been foreseen in the size or cost of the work.

§ 2. However, if as a result of the changes, which could not be foreseen, the execution of the works would host order glaring loss, the Court may increase a lump sum or to terminate the agreement.

Article. 633. [execution of works contracting materials] if the materials for the execution of works contracting supplies, taking the order should use them in a manner appropriate and submit a Bill and return any unused portion.

Article. 634. [Circumstances disturbing the proper execution] if the material provided by the purchaser is not suitable for the proper execution of the work, or if other circumstances occur, which may prevent the proper execution of the order, the collateral taker shall promptly notify the contracting authority.

Article. 635. [Delay work] if the receiving order is delayed from the start or finish of the work so far, that is not likely to managed to complete them at the time agreed, the contracting authority may, without designation of a period of grace from the agreement to withdraw before the end of the time limit to complete the work.

Article. 636. [Defective or contrary to the contract to perform the work] § 1. If taking the order to perform the work in a way that is defective or contrary to the contract, the contracting authority may require it to change how to do and set him in the appropriate term. After the expiration of the statutory period the purchaser can withdraw from the contract or to entrust to improve or further execution of the works of another person at the expense and risk of the host order.

§ 2. If the buyer itself supplied the material, it may in the event of withdrawal from the contract or to entrust the implementation of the work of another person to request material and started work.

Article. 6361. [Order works that thing moving] if the consumer ordered work that thing moving, the provisions of art. 5431, art. 5461. 548. Article. 637. (repealed) Article. 638. [liability for defects of the work] § 1. To liability for defects the work shall apply mutatis mutandis the provisions of the warranty on the sale. The responsibility of the host is disabled, if the defect of the work arising from causes inherent in the material provided by the customer.

§ 2. If the purchaser is granted a guarantee on the work made on the sale of warranty provisions shall apply mutatis mutandis.

Article. 639. [Payment despite failure to] the contracting authority may not refuse to pay compensation even though the failure to work when taking the order was ready to perform, but suffered obstacles for reasons related to the contracting authority. However, in the event that the contracting authority may deduct what taking order spared due to non-performance of the work.

Article. 640. [in execution of works] where to perform the work required is the interaction of the contracting authority, and the lack of interoperability, taking the order may appoint to the customer a reasonable period of threat, that after the expiration of the statutory period will be entitled to withdraw from the contract.

Article. 641. [loss of or corruption of material or work] § 1. The risk of accidental loss or damage to the material for the execution of the work burden, who provided the material.

§ 2. When the work has been destroyed or damaged as a result of defective material supplied by the customer or as a result of the implementation of the work according to his instructions, taking the order may request for work the agreed remuneration or its relevant parts, if warned about the danger of contracting the destruction of or damage to the works.

Article. 642. [payment of remuneration] § 1. In the absence of a different agreement, the host orders must be paid at the time of the dedication of the work.

§ 2. If the work is to be put, and the remuneration was calculated for each part individually, the salary should be at the moment meet each partial benefits.

Article. 643. [obligation to pick up the work] the contracting authority is obliged to pick up work that he order taker in accordance with its commitment.

Article. 644. [a withdrawal from the contract by the contracting authority] as long as the work is not completed, the contracting authority may, at any time, withdraw from the contract by paying the agreed compensation. However, in the event that the contracting authority may deduct what taking order spared due to non-performance of the work.

Article. 645. [the death of the host order] § 1. The contract for the work that depends on the personal qualities of the host contract, as a result of his death or incapacity for work.

§ 2. If the material was owned by the host, and the work order partially executed shows due to the intended purpose of the contract value for the customer, the order taker or his heir may demand that the buyer received the material in the State in which it is located, for the payment of its value and the corresponding part of the remuneration.

Article. 646. [limitation of claims] claims arising from the contract barred at the end of two years from the date of putting the work, and if the work has not been cast-from the date on which in accordance with the wording of the agreement was to be cast.

TITLE XVI works agreement Art. 647. [the contract of works] By agreement of the works the Contractor undertakes to donate stipulated in the contract object, made in accordance with the design and with the principles of technical knowledge, and the investor agrees to make the required by the relevant provisions of the preparation works, in particular for the transfer of land for the construction and delivery of the project, and to pick up an object and the payment of the agreed remuneration.


Article. 6471. [extent] § 1. In the contract for the works referred to in article 1. 647, concluded between the investor and the contractor (General contractor), the Parties shall determine the scope of work that the contractor will perform in person or using subcontractors.

§ 2. To the conclusion of the contract by the contractor for construction works with the subcontractor is required the consent of the investor. If the investor, within 14 days of the presentation by the artist contract with the subcontractor or its project, along with part of the documentation for the works referred to in the agreement or project reports in writing to the objection or objections, it is believed that agreed to the conclusion of the agreement.

§ 3. To the conclusion by a subcontractor agreement with the subcontractor is required the consent of the investor and the contractor. Provision of § 2, second sentence, shall apply mutatis mutandis.

§ 4. The agreements referred to in § 2 and 3 should be made in writing under the pain of nullity.

§ 5. Conclude an agreement with the subcontractor and the investor and the contractor shall bear the joint and several liability for payment of the remuneration for the works made by the subcontractor.

§ 6. Different provisions of the agreements referred to in this article are void.

Article. 648. [form of the contract for construction works] § 1. The contract for the construction work should be ascertained by letter.

§ 2. Required by the relevant provisions of the documentation constitutes a component part of the contract.

§ 3. (repealed)

Article. 649. [extent] in case of doubt, imputed that the contractor has taken all of the works covered by the project which forms part of the contract.

Article. 6491. [guarantee of payment for the works] § 1. Payment for the works, hereinafter referred to as the "guarantee of payment", the investor shall provide the contractor (General contractor) in order to secure the timely payment of the agreed remuneration for the execution of works.

§ 2. Guarantee of payment is a bank guarantee or insurance, as well as the letter of credit or bank guarantee given on behalf of the investor.

§ 3. Parties shall bear equally documented security costs.

Article. 6492. [prohibition of exclude or restrict the right of the contractor to request from the investor payment] § 1. You can not by legal action excluded or limited the rights of the contractor (General contractor) to request from the investor a bond.

§ 2. The investor's withdrawal from the contract due to the request of the contractor (General contractor) the provision of a guarantee of payment is unsuccessful.

Article. 6493. [Request from the investor guarantees payment to the amount of possible claims for compensation] § 1. The contractor (General contractor) works may at any time request from the investor guarantees payment to the amount of possible claims for compensation arising from the agreement and additional works or necessary for the performance of the contract, approved in writing by the investor.

§ 2. Guarantees of payment does not preclude the request for payment to the total amount specified in paragraph 1.

Article. 6494. [No desired payment] § 1. If the contractor (General contractor) does not obtain the desired payment within the prescribed period of time, by not less than 45 days shall be entitled to withdraw from the contract due to the fault of the investor with effect on the day of withdrawal.

§ 2. The lack of the desired payment constitutes an obstacle to the execution of the works, for reasons related to the investor.

§ 3. The investor may not refuse to pay compensation despite the failure of the works, if the contractor (General contractor) was willing to do it, but suffered obstacles for reasons related to the investor. However, in the case of such an investor can deduct what the contractor (General contractor) spared due to non-performance of the works.

Article. 6495. [the application of the provisions of the agreements concluded between the contractor and other contractors] the provisions of art. 6491-6494 shall apply to contracts concluded between the contractor (General contractor) and other contractors (subcontractors).

Article. 650. (repealed) Article. 651. [notice investor obstacles] If the investor provided documentation, construction site, machine or device is not suitable for the proper execution of the works or if other circumstances occur, which may prevent the proper execution of the works, the contractor shall immediately notify the investor.

Article. 652. [liability] if the contractor took over the protokolarnie from the investor the construction site shall be borne by it until the cast the object to the General rules for damages in the area.

Article. 653. (repealed) Article. 654. [taking the works made in part] in the absence of a different agreement, the investor is obliged to request the contractor to take made robots partially, as they complete, against payment of the corresponding part of the remuneration.

Article. 655. [Bug made object] Had made property was destroyed or damaged as a result of a deficiency in the investor-provided materials, machinery or equipment or as a result of carrying out the instructions of the investor, the contractor may demand the agreed remuneration or its relevant parts, if warned about the danger of investor the destruction of or damage to property or if due diligence could not find defects provided by investor materials, machinery or equipment.

Article. 656. [the application of the provisions of the contract of work], § 1. To the effects of the delay by the contractor with the start or finish of the object or the execution by the contractor of works in a way that is faulty or contrary to the contract, the warranty for defects made object, as well as to the investor's permission to withdraw from the contract before the object shall apply mutatis mutandis the provisions of the contract for the work.

§ 2. (repealed)

Article. 657. [withdrawal] Permission to withdraw from the contract by the contractor or by the investor may be limited or excluded by special legislation.

Article. 658. [Agreement for the execution of the renovation of the] the provisions of this title shall apply mutatis mutandis to the execution of the renovation of a building or buildings.

TITLE XVII of Letting and leasing and Letting chapter I General provisions Art. 659. [the lease] § 1. By the rental agreement, the landlord agrees to give the tenant thing to use for marked or unmarked, and the tenant agrees to pay the landlord the agreed rent.

§ 2. The rent may be in money or in some other kind of benefits.


Article. 660. [form of tenancy agreement] the lease of immovable property or premises for more than a year should be concluded in writing. In the event of failure of this form of acceptance a contract concluded for an indefinite period.

Article. 661. [extension of lease] § 1. Rental included for more than ten years acceptance after expiry of being incorporated for an indefinite period.

§ 2. The lease contained between traders for more than thirty years acceptance after expiry of being incorporated for an indefinite period.

Article. 662. [Edition and for] § 1. The landlord should give a tenant to able useful to the agreed use and keep it in that State for the duration of the lease.

§ 2. Minor costs associated with normal use of the thing shall be borne by the tenant.

§ 3. If the thing najęta had been destroyed due to circumstances for which the landlord of liability cannot be held, the landlord has no obligation to restore the previous state.

Article. 663. [Repair things] If the duration of the tenancy to require repairs, which shall be borne by the lessor, and without which a thing is not useful for the agreed use, the tenant may designate the landlord a reasonable period for the execution of repairs. After the unsuccessful expiry of the tenant may make the necessary repairs at the expense of the lessor.

Article. 664. [Warranty for material defects rented] § 1. If the thing najęta has drawbacks that limit its usefulness to the agreed use, the tenant may demand an appropriate reduction of the rent for the duration of the defects.

§ 2. If, at the time of issue of the tenant to have defects that prevent the provided for in the agreement to use the things, or if such defects were created later, and the landlord still received notice did not remove them in time, or if the defect remove does not give the tenant may terminate the tenancy without notice terms.

§ 3. The claim for a reduction of the rent due to defects najętej, as well as permission to immediately terminate the tenancy shall not be entitled to the tenant, if at the time of conclusion of the contract knew about the shortcomings.

Article. 665. [the claim of a third party] if a third party comes against the tenant claims about things najętej, the lessee shall notify the lessor.

Article. 666. [how to use things] § 1. The tenant shall for the duration of the lease to use the things najętej in the manner specified in the contract, and where the contract does not specify how to use – in a way that meets the characteristics and purpose of things.

§ 2. If the duration of the lease is found to need repair, which shall be borne by the lessor, the lessee should notify him about this as soon as possible.

Article. 667. [changes things] § 1. Without the consent of the landlord the tenant cannot do things najętej changes contrary to the contract or intended use things.

§ 2. If the tenant uses the things in a way that conflicts with the contract or things and despite the warning does not stop its use in such a way or if an item fails to the extent that it is vulnerable to loss of, or damage to, the landlord may terminate the lease without time limits.

Article. 668. [Sublet or free use] § 1. The tenant may thing najętą surrender in whole or in part to a third party to use or to sublet, if this agreement does not prohibit. If you donate things to a third person for both the tenant and the third party are responsible against the landlord for the benefit of najęta will be used in accordance with the obligations resulting from the lease.

§ 2. The ratio of the resulting from the tenant's agreement for free use or sublet resolves to at the latest upon termination of the lease.

Article. 669. [payment term rent] § 1. The tenant is obliged to pay the rent within the period agreed.

§ 2. If the time limit for payment of the rent is not specified in the contract, the rent should be paid in advance, namely: when the lease is expected to take no longer than a month for the entire time of the lease, and when the lease is expected to take longer than a month or when the agreement was concluded for an indefinite period is a month, the 10th day of the month.

Article. 670. [the right of lien on the things moving tenant] § 1. To protect the rent and additional services, from which the tenant is in arrears for a period of not more than one year, the landlord shall have the statutory right to a lien on the things moving tenants brought to the subject of the lease, unless these things are not subject to seizure.

§ 2. (repealed)

Article. 671. [termination of lien] § 1. The landlord's statutory statutory lien expires when the things subject to a lien will be the subject of the lease is deleted.

§ 2. The landlord may object to the removal of the things loaded lien and stop them at your own risk, as long as the outstanding rent will not be paid or secured.

§ 3. In the case when the things subject to the lien is removed by order of the State body, the lessor retains the legal right of lien, if before the end of the three days, reports them to the body which ordered the removal.

Article. 672. [Delay of payment of rent] if the tenant shall be permitted to delay the payment of rent for at least two full periods of payment, the landlord may terminate the lease without time limits.

Article. 673. [termination of lease] § 1. If the duration of the lease is not marked, both the landlord and the tenant may terminate the tenancy of the behavior of the contractual terms, and in their absence with the behavior of the statutory time limits.

§ 2. Statutory deadlines for the termination of the lease are as follows: when the rent is payable at intervals longer than one month, the lease may be terminated at the latest three months forward at the end of the calendar quarter; When the rent is paid per month-on month ahead at the end of the calendar month; When the rent is paid at shorter intervals – three days ahead; When the lease is living one day ahead.

§ 3. If the duration of the lease is marked, both the landlord and the tenant may terminate the tenancy in the cases referred to in the contract.

Article. 674. [Tacit extension of lease] if, on the expiry of a time limit in the contract or the termination of the tenant still uses the things with the consent of the lessor, the imputed in cases of doubt, that the lease was extended for an indefinite period.

Article. 675. [Return things] § 1. After the end of the lease the lessee is obliged to return the favor in the State without deterioration at; However, it is not responsible for the consumption of things following the correct use.


§ 2. If the tenant gave to another person for free use or to sublet, the above pregnancy also on this person.

§ 3. It is presumed that the thing was a tenant in good condition and suitable for the agreed use.

Article. 676. [improvement of things] if the tenant improved to najętą, the landlord, in the absence of a different agreement, may of their choice or stop improvements for the payment of a sum corresponding to their values at the time of return, or to request reinstatement.

Article. 677. [limitation of claims] Claims of the lessor against the lessee for damages because of damage or deterioration of the thing, as well as claims the tenant against landlord for reimbursement of expenditures for or reimbursement of the rent shall lapse at the end of the year from the date of returning the goods.

Article. 678. [disposal of things najętej for the duration of the lease] § 1. In the event of disposal of things najętej for the duration of letting the buyer enters in the tenancy in place of the vendor; may, however, terminate the lease of the preserving the statutory time limits.

§ 2. The above permission to terminate the tenancy shall not be entitled to the buyer, if the tenancy agreement was concluded for a period of time with the writing and the date certain, and the thing was a tenant.

Article. 679. [termination of the lease by the purchaser] § 1. If as a result of the termination of the lease by the purchaser of the things najętej the tenant is forced to return to earlier than would have been required by the lease agreement, it may request from the vendor's remedy.

§ 2. The tenant shall inform the vendor of premature termination by the buyer; otherwise, have the vendor against a tenant any allegations, which the tenant is not picked up, and that increase would entail ineffectiveness of notice on the part of the buyer.

Chapter II the rental premises Art. 680. [the application of the provisions concerning the rental agreement] for the lease, the provisions of the preceding chapter, subject to the following provisions.

Article. 6801. [Spouses as a tenant of the premises] § 1. Spouses are tenanted premises regardless of the existing property relations between them, if establishing a lease relationship intended to meet housing needs set up by them in family during the marriage. If there is a material separation between spouses or separation of property with the alignment of the dorobków to the commonality of the rental shall apply mutatis mutandis the provisions of commonality of implied.

§ 2. Termination of commonality of property during the marriage does not cause termination of commonality of lease intended to meet housing needs of the family. The Court, in applying the provisions on the establishment in the judgment material separation, can for important reasons at the request of one of the spouses waive the commonality of lease.

Article. 681. [Minor inputs] To minor expenses which shall be borne by the tenant of the premises are in particular: minor repairs of floors, doors and Windows, painting walls, floors and inner side of the front door, as well as minor repairs and installation of technical equipment, to ensure the use of lights, heating unit, water inlet and outlet.

Article. 682. [life-threatening Defects health] If the disadvantages of najętego are the kind that may endanger the health of the tenant or his family or people it employed, the tenant may terminate the tenancy without notice periods, even if at the time of conclusion of the contract knew about the shortcomings.

Article. 683. [Order home] the tenant the premises should adhere to the order, in so far as this is not contrary to the rights arising from the contract; must also reckon with the needs of other residents and neighbors.

Article. 684. [establishment of devices by the tenant] the tenant may set up in najętym place electric lighting, gas, telephone, radio, and other similar devices, unless their Foundation opposes the existing laws or threatens the safety of real estate. If the device is needed to establish interoperability of the lessor, the lessee may demand this interoperability for reimbursement arising from here cost.

Article. 685. [termination of the lease by the lessor] if the tenant of the premises is in flagrant or persistent against applicable order of the household or by their inappropriate behavior makes use of other premises in the building of a burdensome, the landlord may terminate the lease without time limits.

Article. 6851. [termination of the rent] Landlord it can increase the rent by saying the current amount of rent at the latest one month forward, at the end of the calendar month.

Article. 686. [lien] Statutory lien of the lessor residential space extends also brought to the premises of movable property the tenant family members living together with him.

Article. 687. [Delay of payment of rent] if the tenant of the premises shall be permitted to delay the payment of rent for at least two full periods of payment, and the landlord intends to terminate the lease without notice terms, it should inform the tenant in writing, granting an additional period monthly to pay the overdue rent.

Article. 688. [termination of lease] if the duration of the lease is not marked, and the rent is paid monthly, the lease may be terminated at the latest three months forward at the end of the calendar month.

Article. 6881. [responsibility for payment of the rent] § 1. For the payment of rent and other fees shall be jointly with the tenant permanently residing with the adults.

§ 2. The liability of the persons referred to in paragraph 1, shall be limited to the amount of rent and other fees due for the period of their permanent residence.

Article. 6882. [Consent of the lessor] without the consent of the landlord the tenant may give the premises or part thereof as a free to use it or sub-let. The consent of the landlord is not required to the person in respect of which the tenant is charged with the duty of maintenance.

Article. 689. (repealed) Article. 690. [the application of the provisions on the protection of ownership] To the protection of the rights of the tenant to use the premises shall apply mutatis mutandis the provisions for the protection of property.

Article. 691. [the death of the tenant's dwelling] § 1. In the event of the death of the tenant's dwelling lease relationship are: spouse współnajemcą, children of the tenant and his spouse, any other person to whom the tenant was obliged to maintenance, and the person who was actually in cohabitation with the tenant.


§ 2. The persons mentioned in § 1 marry tenancy dwelling, if they lived with the tenant in the apartment until his death.

§ 3. In the absence of the persons mentioned in § 1 residential tenancy expires.

§ 4. Persons who intervene in the ratio of rental dwelling pursuant to § 1, can terminate with the behavior of the statutory time limits, at least in terms of the rental agreement was concluded for a period of time. In the event of termination of the rental relationship by some of these people this ratio shall expire in respect of persons, that it declared.

§ 5. The provisions of § 1-4 shall not apply in the event of death of one of the sub-lessees dwelling.

Article. 692. [exclusion of application of the provisions of termination] the provisions of termination of the lease by the purchaser of the things najętej does not apply to the lease of residential premises, unless the tenant took over yet.

SECTION II Holding Art. 693. [the lease] § 1. By the agreement the lease lessons undertakes to give the tenant thing to use and beneficial use by the time marked or unmarked, and the tenant agrees to pay to the lessor the rent agreed.

§ 2. The rent may be reserved in money or benefits of a different kind. It may also be marked in a fraction of the benefits.

Article. 694. [the application of the provisions of the lease] For the lease shall apply mutatis mutandis the provisions of lease with the behavior of the following rules.

Article. 695. [renewal of the lease, the right of first refusal] § 1. A lease concluded for more than thirty years acceptance after expiry of have been concluded for an indefinite period.

§ 2. (repealed)

Article. 696. [execution of lease] Tenant should exercise their right in accordance with the requirements of the normal economy and cannot change the destination of the subject of lease without the consent of the lessor.

Article. 697. [repairs Needed] a tenant has a duty to make repairs necessary to maintain the subject of the lease in the State without deterioration at.

Article. 698. [Poddzierżawa, free use] § 1. Without the consent of the lessor lessee may not give the subject of the lease to a third party to use it or poddzierżawiać.

§ 2. In the event of a breach of the foregoing obligation lesson may terminate the lease without time limits.

Article. 699. [payment term rent] where the time limit for payment of the rent is not in the contract meant, the rent is payable in arrears within customary, and in the absence of such a habit – yearly in arrears.

Article. 700. [Reduction of the rent] If as a result of circumstances for which the tenant of liability shall not be liable, and which do not relate to his person, plain revenue out of the subject matter of the lease has been significantly reduced, the tenant may request a reduction in the rent attributable to the period.

Article. 701. [lien] To goods covered by the statutory right of lien the lessor are also things that can be used to carry out a farm or business, if they are within the subject matter of the lease.

Article. 702. [lien] if the agreement stipulated that, in addition to the rent the tenant will be obliged to pay taxes and other burdens related to the ownership or possession of the subject of the lease, and bear the cost of the insurance, the statutory lien rights of lessor, also protects the lessor's claim against the tenant for the reimbursement of the sum, which of the above titles you paid.

Article. 703. [Delay of payment of rent] If a tenant shall be permitted to delay the payment of rent for at least two full periods of payment, and if the rent is paid per year, if it is permissible to delay the payment of more than three months, lessons may terminate the lease without notice. However, lessons should inform the tenant by providing him an additional three-month deadline to pay overdue rent.

Article. 704. [Lease farmland] in the absence of a different agreement the lease of agricultural land may be terminated one year forward at the end of the year, rates, and the lease on six months ahead before the end of the year, rates.

Article. 705. [Return of the subject of lease] after the end of the lease the tenant is obliged, in the absence of a different agreement, return the item of the lease in this state they should be according to the provisions on the exercise of the lease.

Article. 706. [Left sowing] if, at the end of the lease the tenant leaves the churchwarden in accordance with its responsibility of sowing, it may claim the refund made on those sowing inputs in so far as, contrary to the requirements of the normal economy has not received appropriate sown at the start of the lease.

Article. 707. [Reduction of the rent] if the lease ends before the end of the year, rates, the tenant is obliged to pay the rent in this relation, in which the benefits, which this year took or could download, remain to the benefits of the whole year rates.

Article. 708. [Bezczynszowe ground] the provisions of this section shall apply mutatis mutandis in cases where the person taking agricultural property to use and beneficial use is not bound to pay the rent, but only to paying taxes and other burdens relating to the ownership or possession of the land.

Article. 709. [leasing of rights] provisions of the lease of things shall apply mutatis mutandis to leases.

TITLE XVII1 lease Article. 7091. [lease] By agreement of the lease the lessor undertakes, in respect of the activities of his company, purchased the thing from falling of the vendor under the conditions laid down in this agreement and to give this the benefit of the licensee for use or use and beneficial use by period of time, and who use agree to pay within the agreed financial compensation payments from financing the, at least the price or remuneration for the acquisition of goods by the lessor.

Article. 7092. [form of conclusion of the contract] lease Agreement should be concluded in writing under pain of nullity.

Article. 7093. [payment terms payments] if an item will not be released to the licensee within the deadline as a result of circumstances for which it bears responsibility, the agreed terms of payment payments remain unchanged.

Article. 7094 [obligations of the lessor] § 1. The lessor should issue to the licensee in this State in which it was at the time of release from financing the by the vendor.

§ 2. The lessor does not respond to the lessee for the usefulness of things to the agreed use.


§ 3. The lessor is obliged to issue the licensee together with a thing a copy of the contract with the vendor or copies of other documents held on this contract, in particular the guarantee document is a copy of the quality things, received from the vendor or manufacturer.

Article. 7095. [termination] § 1. If after the release of the licensee the benefit was lost due to circumstances for which the lessor is not responsible, the lease agreement expires.

§ 2. The licensee should immediately notify the lessor of the loss of things.

§ 3. If a lease has expired for the reasons referred to in § 1, the lessor may require the lessee the immediate payment of all provided for in the contract and unpaid instalments, less any benefits as a result of payment received funding before the agreed term and termination of the contract of leasing and insurance stuff, as well as compensation for the damage.

Article. 7096. [the insurance costs of its loss] if the agreement of the lease stipulated that the licensee is obliged to incur insurance costs of its loss during the duration of the lease, in the absence of different contractual terms, these costs include insurance fee on the generally accepted conditions.

Article. 7097 [obligations of the lessee] § 1. The licensee is obliged to maintain in good condition, and in particular to its maintenance and repairs necessary to maintain things able to without deterioration at, taking into account its consumption as a result of correct use, and bear burdens related to the ownership or possession of things.

§ 2. If the lease agreement has not been reserved, that the maintenance and repair of things make a person with certain qualifications, the licensee should immediately notify the lessor of the need to make substantial repair things.

§ 3. The licensee is obliged to allow from financing the checking stuff in the range specified in § 1 and 2.

Article. 7098. [material defects] § 1. The lessor does not respond to uses for material defects, unless these arose as a result of circumstances for which the lessor is liable. Contract terms which are less favourable for the lessee are void.

§ 2. Upon the conclusion by the financing agreement with the seller by law go to the lessee rights due to defects of the things conferred from financing the terms of the vendor, with the exception of rights of withdrawal by the lessor from the contract with the vendor.

§ 3. By using the permissions specified in § 2 shall not affect the obligations of the lease, unless the lessor withdraws from the contract with the vendor because of defects.

§ 4. The licensee may request the cancellation by the lessor from the contract with the vendor because of defects, if financing permission of withdrawal arises from law or the contract with the vendor. Without making the request by using the lessor cannot withdraw from the contract with the vendor because of defects.

§ 5. In the event of cancellation by the lessor from the contract with the vendor due to defects, the lease agreement expires. The lessor may demand from the lessee the immediate payment of all provided for in the contract and unpaid instalments, less any benefits as a result of payment received funding before the agreed term and expiry of the leasing contract and the contract with the vendor.

Article. 7099. [scope of use of the things] Use should use things and get its benefits in the manner specified in the lease agreement, and where the contract that does not specify – in a way that meets the characteristics and purpose of things.

Article. 70910. [prohibition of the deal changes things] without the consent of the lessor you may not do the things changes unless they result from destination things.

Article. 70911. [termination of the contract in the event of a breach of obligations arising from the contract of lease] if warning in writing by the lessor who use violates the duties referred to in article 3. 7097 § 1 or article. 7099 or not delete changes to things made in violation of article 86. 70910, the lessor may terminate the contract of lease with immediate effect, unless the parties have agreed on the term of notice.

Article. 70912 [termination of the contract in case of putting things to use without the consent of the lessor] § 1. Without the consent of the lessor you may not give away things to use to a third party.

§ 2. In the event of a breach of the obligation referred to in paragraph 1, the lessor may terminate the contract of lease with immediate effect, unless the parties have agreed on the term of notice.

Article. 70913. [the obligation to pay the rat] § 1. The licensee is obliged to pay the installment within the time limits agreed.

§ 2. If the licensee shall be permitted to delay the payment of at least one installment, the lessor should designate in writing to the licensee a reasonable period additional to pay arrears to the risk that, in the event of ineffective over time may terminate the lease with immediate effect, unless the parties have agreed on the term of notice. Contract terms which are less favourable for the lessee are void.

Article. 70914 [disposal of things] § 1. In the event of disposal of things by financing the buyer enters in leasing in place of the lessor.

§ 2. The lessor shall inform the lessee of sale stuff.

Article. 70915 [termination] in the event of termination by the lessor the leasing contract due to circumstances for which the licensee is responsible, the lessor may demand from the lessee the immediate payment of all provided for in the contract and unpaid instalments, less any benefits as a result of payment received funding before the agreed term and termination of the lease.

Article. 70916. [Request transfer of ownership of the things] If the lessor has committed itself, without additional provision, transfer to the lessee owned things after falling in the contract duration of the lease, the licensee may request the transfer of ownership of the things within one month from the expiry of that time, unless the parties have agreed upon another term.


Article. 70917. [the application of the provisions concerning sales of the HP] to the liability of the lessor for material defects caused by circumstances for which the lessor is liable, the powers and obligations of the parties in the event of an investigation by a third party against the licensee claims about things, the liability of the lessee and third to the lessor in the event of putting things to that person by the lessee to use, lease payments security and additional services using , returning the goods by the lessee after the end of the lease and to improve things by using shall apply mutatis mutandis the provisions of the lease, and to pay by using the rat before maturity shall apply mutatis mutandis the provisions of the sale.

Article. 70918. [the application of the provisions concerning lease agreement] to the agreement by which one party agrees to give the benefit of acting its ownership to use or to use and beneficial use of the other party and the other party undertakes to pay to the owner of the things in the prearranged financial compensation payments, equal to at least the value of the thing at the time of conclusion of the contract, shall apply mutatis mutandis the provisions of this title.

TITLE XVIII Lending Art. 710. [commodate] By contract lending lending agree to allow (s), by the time marked or unmarked, the free use of donated him to do this stuff.

Article. 711. [the disadvantages of things użyczonej] If użyczona thing has disadvantages, lending is obliged to repair the damage, which caused taking by knowing about the defect not made known to him about them. The above provision does not apply when taking could easily defect noted.

Article. 712. [how to use the użyczonej things] § 1. If the agreement does not specify how to use things, taking things can use in a way that meets its characteristics and purpose.

§ 2. Without the consent of the użyczającego who can't give away things użyczonej to a third party to use.

Article. 713. [cost of living things użyczonej] Taking to use shall be borne by the regular cost of living things użyczonej. If he made other expenses or expenditures for, shall apply mutatis mutandis the provisions of the conduct of affairs without the order.

Article. 714. [accidental loss of or damage to things] Taking to use is responsible for accidental loss of or damage to things, if I use it in a way that conflicts with the agreement or with the properties or things, or when not being authorized by contract or forced by circumstances entrusts to another person, and the thing would not have loss or damage if its used properly or if it has been preserved at home.

Article. 715. [end of lending] if the contract lending is for indefinite lending ends when the taking of things use corresponding to the contract or when the elapsed time, in which to this use.

Article. 716. [request to return things] If taking uses things in a way that conflicts with the agreement or with the properties or things if it entrusts to another person not being authorized by contract or forced by the circumstances, or if the thing happens you need użyczającemu for reasons unforeseen at the time of conclusion of the contract, lending can recall things, even if the agreement was concluded for a period of time.

Article. 717. [joint and several responsibility taking thing to use] if several persons jointly took the thing to use, their liability is joint and several.

Article. 718. [Return things] § 1. After the end of the lending taking to use is obliged to return the użyczającemu thing in the State without deterioration at; However, taking no responsibility for the consumption of things following the correct use.

§ 2. If taking to use entrusted to another person, the obligation of the above pregnancy also on this person.

Article. 719. [limitation of claims] Claim against użyczającego (s) to use for compensation for damage to, or deterioration, as well as claims which to use against użyczającemu about payback for and damages suffered as a result of defects shall lapse at the end of the year from the date of returning the goods.

The TITLE of the 19TH Loan Article. 720. [the loan agreement] § 1. By a loan agreement that gives the loan undertakes to transfer the ownership of which is a certain amount of money or things marked only as to the genre, and who agree to pay the same amount of money or the same amount of things of the same species and the same quality.

§ 2. The loan agreement, whose value exceeds one thousand dollars, requires forms of documentary.

Article. 721. [Bad financial status of the borrower] Giving a loan may withdraw from the contract and refuse to issue the loan item, if you return the loan is questionable because of the poor state of the matrimonial property of the other party. This permission does not have confidence, if at the time of conclusion of the contract a bad financial disclosure of the other party knew or could easily find out.

Article. 722. [limitation of the claims of the borrower for the loan item] Claim taking a loan for a loan item are subject at the end of six months from the time when the subject was supposed to be released.

Article. 723. [term loans] If the loan term is not marked, the debtor is obliged to pay a loan within six weeks upon termination by giving a loan.

Article. 724. [Disadvantages things borrowed] If things obtained by taking a loan have disadvantages that a loan is obliged to repair the damage, which caused taking by knowing about the defect not made known to him about them. The above provision shall not apply in cases where the taking could easily defect noted.

TITLE XX Article bank account Agreement. 725. [bank account Agreement] by the bank account agreement bank undertakes in relation to the account holder, for a fixed term or indefinite, to hold its cash and, if the contract so provides, to carry out on its behalf the cash settlement.

Article. 726. [rotating cash] Bank can turn temporarily free cash on a bank account with the obligation to return them, in whole or in part, on every request, unless the agreement makes the repayment obligation of notice.


Article. 727. [the refusal to execute an order], the Bank may refuse to execute the order of the holder of the bank account only in the cases provided for in specific legislation.

Article. 728. [statement of account] § 1. By a contract concluded for an indefinite period, the bank shall inform the account holder, in the manner specified in the agreement, of any change in the status of a bank account.

§ 2. The Bank is obliged to send to the holder at least once a month free of charge account statement with information about the account status changes and finding balance, unless the holder has expressed consent in writing to a different way of informing about the changes the status of the Bill and finding balance.

§ 3. Bank account holder is obliged to submit to the Bank a mismatch state changes or balances within fourteen days from the date of receipt of the statement of account.

Article. 729. [Obligations of the holder of the personal bank account] the holder of a personal bank account is obliged to notify the bank of any change in his residence.

Article. 730. [termination of the agreement the bank account] termination of bank account agreement concluded for an indefinite period can take place at any time as a result of termination by either party; However, the bank may terminate the contract for important reasons.

Article. 731. [limitation of claims] claims arising from bank account barred over two years. This does not apply to claims for the reimbursement of contributions.

Article. 732. [Cooperatives credit unions] the provisions of this title shall apply mutatis mutandis also to accounts held by the cooperative credit unions.

Article. 733. [relationship to rules on cash accounts] the provisions of this title shall not prejudice the provisions of billing.

TITLE XXI Order Article. 734. [order Agreement] § 1. By the contract taking the order undertakes to make a specific legal transaction for the principal.

§ 2. In the absence of a different agreement, the order includes empowered to perform actions on behalf of the principal. This provision shall be without prejudice to the provisions of the form of power of attorney.

Article. 735. [remuneration of the host order] § 1. If neither the contract nor the circumstances does not imply that the receiving order has undertaken to perform them without remuneration, for the execution of the order should be paid.

§ 2. If there is no applicable tariffs, not agreed to the amount of remuneration, the remuneration corresponding to the work done.

Article. 736. [Professional execution] Who professionally difficult dealing activities for others, should, if you do not want to accept the order, notify the principal immediately. The same obligation to the responsibility of the person who, enabling order stated the readiness of things steps of that type.

Article. 737. [change how execution] Taking orders may without the prior consent of the principal to withdraw from designated by him how to do the job, if it is not possible to obtain consent, and there is a justified reason to believe that the principal would change if he knew about the existing State of things.

Article. 738. [to entrust execution to a third party] § 1. Order taker may entrust the execution of an order to a third party only when it is clear from the contract or from the habit or when it is forced by circumstances. In the case of this is obliged to immediately inform their principal and the whereabouts of his Deputy, and if a notice is responsible only for the lack of due diligence in the selection of Deputy.

§ 2. The Deputy is responsible for the execution of the order, also with respect to the principal. If the receiving order is liable for the actions of his deputies as for their own actions, their liability is joint and several.

Article. 739. [accidental loss of or damage to items] in the event that the receiving order entrusted the execution of another person without being entitled to do, and the thing belonging to the principal has in the performance of orders lost or damaged, the receiving order is also responsible for loss of, or damage to, accidental, unless one or the other would occur even if the same order he performed.

Article. 740. [Obligations of the host order] an order Taker should provide enabling order needed messages about the progress of the case, and, after the order or upon termination of the agreement make him the report. Should he spend all that for the enforcement of the orders he received for it, at least in terms of his or her own behalf.

Article. 741. [using things the customer] the host request is not allowed to use in their own interest things and money of the principal. From the sum of cash retained over the need for resulting from executing the order should pay statutory interest order with confidence.

Article. 742. [reimbursement of expenditure and receipt of a release from obligations] the principal should return the host order expenses, that this has made to the proper performance of the order, together with statutory interest; It should also free up host order from obligations that this in the above to enlisted in his own name.

Article. 743. [Grant advances] if the execution of the order requires spending, the principal should at the request of the host grant him appropriate down payment.

Article. 744. [time limit for payment of remuneration] if the order for compensation should be the host only after order, unless otherwise follows from the contract or of the specific provisions.

Article. 745. [joint and several responsibility for joint order] if several people gave or accepted the order together, their liability to the other party is joint and several.

Article. 746. [Termination of the order], § 1. The principal can terminate them at any time. Should, however, ask the host order expenses, that this has made to the proper performance of the order; If the order for consideration is obliged to pay the host order part of the remuneration corresponding to its existing operations, and if the termination occurred without a valid reason, should also fix the damage.

§ 2. Order taker may terminate at any time. However, if the order is paid, and the termination occurred without a valid reason, the order taker is responsible for the damage.

§ 3. You cannot waive the advance permission to terminate the order important reasons.


Article. 747. [the death of payer] in the absence of a different agreement, the verb does not expire or as a result of the death of the principal or as a result of the loss of legal capacity by him. However, if, in accordance with the contract, the order has expired, the order taker should, if the interruption of its operations could result injury to lead these activities continue, until the heir or legal representative of the principal will not be able to order otherwise.

Article. 748. [Death contractors] in the absence of a different agreement order expires as a result of the death of the host order or as a result of the loss by the full legal capacity.

Article. 749. [the expiry of the order] If the order has expired, shall be deemed to be still existing in favor of the host order until he learned about the expiry of the order.

Article. 750. [the application of the provisions of the order to the service agreements] to contracts for the provision of services that are not regulated by other provisions, shall apply mutatis mutandis the provisions of the order.

Article. 751. [limitation of claims] over two years expire: 1) claims for remuneration for the met steps and reimbursement of incurred expenses attributable to persons who permanently or business engage activities of that type; the same applies to claims arising from advances granted to such persons;

2) claims for the maintenance, care, upbringing or education, if entitled to tackling those professionally such activities or persons that maintain the bets on this goal.

The TITLE of the 22ND Running of the affairs without an Article. 752. [the conduct of the Affairs of no orders] Who without order leads someone else's case, should work for the benefit of the person to whom the matter, and in accordance with its likely will, and when the case is obliged to observe due care.

Article. 753. [obligations of the operator's case without orders] § 1. Carrying out someone else's case without orders should as far as possible inform the person whose case leads, and if appropriate or expected to be, or lead the case as long as the person will not be able to deal with it itself.

§ 2. Of the actions of their host's case should make a account and spend everything in the case obtained for the case. If the work in accordance with its obligations, it may request the reimbursement of reasonable expenses and expenses together with statutory interest and an exemption from the obligations which he joined in conducting the case.

Article. 754. [the conduct of the Affairs of another against the will of] who runs someone else's case against informed him the will of the person to whom the matter, cannot request a reimbursement and is responsible for the damage, unless the will of this people opposes the Act or the rules of social conduct.

Article. 755. [Unfounded changes] If the host's case has made changes to the property of the person to whom the matter, without a clear need or benefit of that person, or against informed him her will, is obliged to restore the previous state, and if it was not possible to repair the damage. Investment can take back, as long as it can make without damaging things.

Article. 756. [Confirmation] Confirmation of the person to whom the case was conducted, the conduct of the case the effects of the order.

Article. 757. [Saving someone else's good] Who in order to ward off the danger of imminent second saves his good, may request the reimbursement of reasonable expenses, even if it was not, and is liable only for wilful or gross negligence.

TITLE XXIII agency agreement Art. 758. [agency agreement] § 1. By the agreement the agency receiving the order (the agent) undertakes, in respect of the activities of his company, to the standing proxy, for remuneration, by concluding with clients contracts for the principal trader or to conclude them on his behalf.

§ 2. To conclude contracts on behalf of the principal, and to receive claims for him the agent is authorized only if the attachment.

Article. 7581. [the Commission] § 1. If the salary was not specified in the contract, the agent should be the Commission.

§ 2. The Commission is the remuneration, the amount of which depends on the number or value of contracts.

§ 3. If the Commission has not been specified in the contract, in the amount customarily adopted in the relations of that type, in the place of the activities carried out by the agent, and in the event of inability to establish commissions in this way, the agent should be the Commission, at the appropriate rate, taking into account all the circumstances directly related to the implementation of commissioned him.

Article. 7582. [confirmation of the content of the contract], each party may request the other written confirmation of the content of the agreement and the provisions amending it or complementary. A waiver of this right is void.

Article. 759. [agent Permissions] in case of doubt, imputed that the agent is authorized to receive for the principal payment for the service, which meets with the principal, and to adopt for the benefits for which they pay, as well as to receive notices of defects and claims concerning the performance of the contract, which he made on behalf of the principal.

Article. 760. [Obligation of loyalty], each party is required to maintain loyalty to the other.

Article. 7601. [obligations of the agent] § 1. Agent is obliged in particular to transmit any information relevant to the principal and follow his instructions reasonable in the circumstances, and take, in respect of casework, the steps needed to protect the rights of the principal.

§ 2. The provisions of the agreement contrary to the wording of § 1 are void.

Article. 7602. [obligations of the principal] § 1. The principal is obliged to transmit the agent documents and information needed for the proper performance of the contract.

§ 2. The principal is obliged within a reasonable time notify the agent about the acceptance or rejection of the proposal of conclusion of the contract and the failure to contract, by which the conclusion of agent brokered or that he made on behalf of the principal.

§ 3. The principal is obliged to notify this agent within a reasonable time, that the number of contracts, which the conclusion provides, or the value of their item will be much lower than this, the agent could normally expect.

§ 4. The provisions of the agreement contrary to the wording of § 1-3 are void.


Article. 7603. [presumption of confirmation of agreement] if the agent that contains the agreement on behalf of the principal no restraints or exceeds its range, the contract shall be deemed to be confirmed if the principal immediately after the receipt of the conclusion of the agreement the customer declares that the agreement does not confirm.

Article. 761. [Request a Commission from the contracts concluded for the duration of the term of the Agency] § 1. The agent may request a Commission from the contracts concluded for the duration of the agency contract, if their conclusion came about as a result of its activities, or if they have been included with clients obtained by the agent previously for contracts of the same type.

§ 2. If the agent has been granted exclusive rights in respect of the designated customer group or geographic area, and for the duration of the term of the Agency has been without the participation of the agent agreement with a client in the group or area, the agent can request a Commission from this agreement. The principal is obliged within a reasonable time notify the agent of the conclusion of such an agreement.

Article. 7611. [Request a Commission from an agreement concluded after the termination of the agency contract] § 1. The agent may request a Commission from an agreement concluded after the termination of the agency contract, if, under the conditions of art. 761-proposal for the conclusion of the contract of the principal or agent received from the client prior to the termination of the agency contract.

§ 2. The agent may request a Commission from an agreement concluded after the termination of the agency contract, even if its conclusion came about largely as a result of its activities during the period of the agency contract, and within a reasonable period of time from its solution.

Article. 7612. [the Division of commissions] Agent cannot claim commissions referred to in article 1. 761, if a charge should be in accordance with the article. 7611 previous agent, unless the circumstances show that the considerations of fairness argue in favour of distribution commissions between the two agents.

Article. 7613. [the acquisition of the right to Commission] § 1. In the absence of a difference in terms of the agency contract agent is entitled to Commission the moment in which the principal should, in accordance with the agreement with the customer, meet service or actually met them, or your service has met the customer. However, the parties may not agree that the agent is entitled to Commission later than the time at which the client has met the service or he should meet them, if the principal has complied with the service.

§ 2. Where an agreement concluded between the giving and the client is to be performed, the agent is entitled to Commission as far as possible the execution of this agreement.

§ 3. The claim for payment of the Commission becomes due at the end of the last day of the month following the quarter in which the agent has acquired the right to Commission. Provision of the agreement less favourable for the agent is invalid.

Article. 7614. [fee] Agent cannot claim commissions, when it is clear that the contract with the customer will not be made as a result of circumstances for which the principal is not liable, if the fee has already been paid to the agent, it shall be refunded. Provision of an agency agreement less favourable for the agent is invalid.

Article. 7615. [information about the commissions] § 1. The principal is obliged to place an agent statement containing data about the Commission due to him not later than on the last day of the month following the quarter in which the agent has acquired the right to Commission. This statement should indicate all the data which form the basis for calculating the amount of the earned Commission. Provision of an agency agreement less favourable for the agent is invalid.

§ 2. The agent may request to share the information needed to determine whether the amount of the Commission due to him has been correctly calculated, and in particular may request extracts from accounts of the principal or require insight and extract from such books was assured auditor chosen by the parties. Provision of an agency agreement less favourable for the agent is invalid.

§ 3. In the event of a failure the agent the information referred to in § 2, the agent can claim their share in an action brought within a period of six months from the date of request, enabling the order.

§ 4. In the event of failure by the parties to the agreement on the selection of the auditor referred to in § 2, the agent may request, by way of an action brought within a period of six months from the date of request, enabling the order, to inspect and extract from the books by an expert designated by the Court.

Article. 7616. [the application of the provisions of the Act relating to the Commission] the provisions of art. 761-7615 applies if the Commission represents all or part of the salary, unless the parties have agreed upon the application of these provisions to other types of compensation.

Article. 7617. [contractual Disclaimer] § 1. In an agency contract concluded in writing you can stipulate that the agent for separate consideration (Commission del credere), within the agreed terms, is responsible for the execution of obligations by the customer. If the contract provides otherwise, the agent is responsible for this, the client will meet performance. In the event of a failure in writing imputed the agency contract concluded without this.

§ 2. The liability of the agent may be only marked the agreement or agreements with the named customer, with the conclusion of the brokered or that he made on behalf of the principal.

Article. 762. [reimbursement] in the absence of a different agreement the agent may claim reimbursement of expenses related to the execution of the order only in so far as were justified and as long as their amount exceeds the ordinary data relations.

Article. 763. [lien] to secure claims for compensation and for the reimbursement of expenditure and advances granted, enabling order agent shall have the statutory right to a lien on the things and securities principal, received in connection with the agency contract, as long as these items are on it or the person who holds them in his name, or until it can dispose of them with documents.

Article. 764. [presumption of conclusion of a contract of indeterminate duration] the agreement on time, and performed by the parties after the expiry of the deadline, on which it was concluded, who consider themselves to have been concluded for an indefinite period.

Article. 7641. [termination] § 1. A contract concluded for an indefinite period may be terminated for a month in the first year, for two months in the second year, and three months ahead in the third and subsequent years of the term. Statutory time limits notice may not be abbreviated.


§ 2. Statutory notice periods may be contractually extended, except that the term established for the principal may not be less than the time limit set for the agent. An extension of the deadline for the agent causes the same extension for the principal.

§ 3. If the contract provides otherwise, the notice period shall expire at the end of the calendar month.

§ 4. The provisions of § 1-3 are applicable to the contract concluded for a fixed term, and transformed by art. 764 in a contract concluded for an indefinite period. The period for which the agreement time was concluded, shall be taken into account in determining the notice period.

Article. 7642. [termination of the contract without notice terms] paragraph 1. Agency agreement, was concluded for a fixed term, may be terminated without notice terms due to non-fulfilment of obligations by one of the parties, in whole or in substantial part, as well as in the event of extraordinary circumstances.

§ 2. If the termination was made as a result of circumstances for which the responsibility of the other party, it is required to compensate for damage suffered by denouncing the following the termination of the contract.

Article. 7643. [termination] § 1. After termination of the agency contract agent may request from the principal the indemnity, if at the time of duration of the contract the Agency has acquired new customers or led to a substantial increase in turnover with existing customers, and the principal draws are still significant benefits from the agreements with those customers. The claim shall be entitled to the agent, if, taking into account all the circumstances and, in particular, the loss by the agent commissions from contracts concluded by the principal with these customers, argue in favour of including considerations of equity.

§ 2. Equalisation shall not exceed the remuneration of the agent for one year, calculated on the basis of the average annual salary earned during the last five years. If an agency agreement lasted for less than five years, this remuneration is calculated taking into account the average of the entire period of its duration.

§ 3. To obtain an indemnity does not deprive the agent possible damages in General.

§ 4. In the event of the death of the agent, the indemnity referred to in § 1, can request his heirs.

§ 5. To assert a claim for compensatory allowance depends on the application by the agent or his heirs the appropriate request to the principal before the end of the year from the termination of the contract.

Article. 7644. [exclusion of eligibility and indemnity] the agent is not entitled to compensation benefit if: 1) the principal said the contract due to circumstances for which the responsibility of the agent, justifying the termination of the contract without notice periods;

2) agent said the agreement, unless the termination is justified by the circumstances, for which the principal, or is justified by age, infirmity or disease agent, and considerations of fairness do not allow demand to continue to act as agent;

3) with the consent of the principal, he moved on to another person their rights and obligations under the agreement.

Article. 7645. [prohibition of any provisions of the Act] to the time of termination of the agreement the parties may not arrange deviating to the detriment of the agent from the provisions of art. 7643. 7644. 7646. [limitation of activity competitive] § 1. The parties may, in writing, under pain of nullity, to limit the activities of a competitive nature of the agent for the period after termination of the agency contract (reducing the competitive activities). The restriction is important, if it applies to a group of clients or the geographical area covered by the activities of the agent, and the nature of the goods or services which are the subject of the contract.

§ 2. Reducing the competitive activities can not be reserved for a period longer than two years from the termination of the contract.

§ 3. The principal is obliged to pay the agent a suitable sum of money for the restriction of business activities competitive during his lifetime, unless otherwise follows from the agreement or agency agreement has been terminated as a result of circumstances for which the agent is responsible.

§ 4. If the amount of the sum referred to in paragraph 3, is not specified in the contract, the sum of the benefits achieved by the principal as a result of a competitive activity and lost because of this lucrative opportunities.

Article. 7647. [curb appeal] the principal may, until termination of the contract reference limit competitive activity, with the result that after a period of six months from the time of the appeal it is released from the obligation to pay the sums referred to in article. 7646 § 3 and 4. Curb appeal of competitive activities must be in writing under the pain of nullity.

Article. 7648. [exemption from the obligation to comply with the restrictions] if the agent said the contract due to circumstances for which the responsibility of the principal, he may exempt from the obligation to comply with the limitations of competitive activity by making an enabling order notification in writing within one month from the date of termination.

Article. 7649. [the application of the provisions concerning the agency contract] to the content referred to in article 1. 758 § 1, concluded with an agent by a non-trader, apply the provisions of this title, with the exception of art. 761-7612, art. 7615 and art. 7643-7648.

TITLE XXIV consignment Agreement Art. 765. [consignment Agreement] By a Commission contract order taker (Commission agent) undertakes for reward (Commission) in respect of the activities of its companies to buy or sell the goods for the account of the principal (principal), but in his own name.

Article. 766. [obligations of the Commission Agent] Commission agent should issue principal everything in the implementation of the order for it has obtained, in particular, should transfer to the claims which he acquired on his account. The above rights principal are effective also against the creditors of the Commission agent.

Article. 767. [additional benefits principal] if the Commission has entered into an agreement on terms more favourable conditions marked by the consignor obtained the benefit to be principal.

Article. 768. [Conditions less favourable than contained in the contract] § 1. If the Commission agent has sold a devoted him to sell the thing for less than the price indicated by the principal, is obliged to pay the principal difference.


§ 2. If the Commission acquired the thing for a price higher than the price indicated by the principal, the principal may immediately after receiving notice of the execution of the order, declare that it does not recognize the steps have been made on his account; the lack of such a statement is unambiguous consent to a higher price.

§ 3. Consignor cannot request pay the price difference or refuse to consent to a higher price if the order could not be made at a price marked, and the conclusion of the agreement Nevertheless, principal from damage.

Article. 769. [For exposed to corruption] § 1. If an item is exposed to corruption, and can't wait for the order of the consignor, the Commission is entitled, and when the interests of the principal requires-must sell the thing with due diligence. To make a sale is obliged to notify the principal immediately.

§ 2. If the principal has committed to delay receiving things, shall apply mutatis mutandis the provisions of the consequences of delay, the buyer receiving things.

Article. 770. [Warranty for material defects] § 1. Commission agent shall not be liable for hidden defects of things, as well as for its legal defects, if prior to the conclusion of the contract gave it to the message. However, the exclusion of liability does not apply to defects of things Commission knew or could easily find out.

§ 2. Provision in § 1 shall not apply if the buyer is a consumer.

Article. 7701. (repealed) Article. 771. [credit or advance payment of Commission Agent] Commission, which without the authorization of the principal has granted to a third party loan or advance, work at your own risk.

Article. 772. [the Commission] § 1. Commission agent acquires a claim for payment of the Commission at the time when the principal has to either. If the contract is to be performed, Commission agent acquires a claim for Commission as far as the performance of the contract.

§ 2. Commission may request a Commission even if the contract is not completed for reasons related to the commissioning party.

Article. 773. [lien] § 1. For security the Commission claims and claims for reimbursement of expenditure and advances granted to the principal, as well as for the protection and management of any other dues resulting from orders to businesslike entitled komisantowi the statutory right of lien on the things which are the subject of a Commission, as long as things are with him or a person who holds on its behalf, or may dispose of them with documents.

§ 2. These claims can be satisfied with the purchased receivables by a Commission agent on behalf of the principal, with priority over creditors principal.

§ 3. (repealed)

TITLE XXV contract of carriage SECTION I General provisions Art. 774. [the contract of carriage] by the contract of carriage the carrier shall undertake to carry his business activities for remuneration of persons or things.

Article. 775. [the application of the provisions of the Act] the provisions of this title shall apply to transport within the scope of transport modes only in so far as the carriage is not regulated by separate regulations.

SECTION II of the carriage of persons Art. 776. [conditions of carriage of persons], the carrier is obliged to provide travellers, corresponding to the type of transport safety and hygiene conditions and such, which due to the mode of transport is considered necessary.

Article. 777. [responsibility for baggage] section 1. Baggage, which the traveler carries with it, the carrier is liable only if the damage resulted from willful misconduct or gross negligence of the carrier.

§ 2. For baggage delivered to the carrier the carrier is liable according to the rules provided for the carriage of goods.

Article. 778. [limitation of claims] Claims from the contract of carriage people barred at the end of the year from the date of implementation of the carriage, and when the carriage has not been made, from the day when he had to be made.

SECTION III of the carriage of goods Article. 779. [sending] Dispatcher shall provide the carrier your address and the recipient's address, destination, shipments by type, amount and method of packaging, as well as the value of the things particularly valuable.

Article. 780. [Packing List] § 1. At the request of the sending carrier should issue a bill of lading containing the data listed in the preceding article, and any other relevant provisions of the agreement. The consignor shall bear the consequences of inaccurate or false statements.

§ 2. The consignor may request the carrier to issue him with a copy of the waybill or other credentials of the acceptance of the shipment for carriage.

Article. 781. [Inadequate shipment status] § 1. If the status of the external consignment or its packaging are not suitable for the type of carriage, the carrier may require the shipper has submitted a written statement as to the status of your shipment, and in the case of blatant shortcomings refuse carriage.

§ 2. If the carrier accepts the shipment without reservation, it shall be presumed that it was in good condition.

Article. 782. [Edition carrier necessary documents] Dispatcher should give the carrier all documents needed due to customs regulations, tax and administrative.

Article. 783. [withdrawal] If start or carriage suffered temporary obstacles due to circumstances relating to the carrier, the consignor may withdraw from the contract should, however, give the carrier an appropriate remuneration for the assessment of part of the carriage, within the limits of what the cost of carriage spare. Does not exclude the claim for damages, if the obstacle was a result of circumstances for which the carrier is liable.

Article. 784. [notice of arrival of the consignment] Carrier should notify immediately the recipient about the arrival of the consignment at the place of destination.

Article. 785. [pickup] after the arrival of the shipment to the destination recipient on behalf of your own to perform all rights resulting from the contract of carriage, and in particular may require the release of a shipment of the consignment, if at the same time, will perform the obligations arising from this agreement.

Article. 786. [Payment claims] by adopting the consignment and consignment the recipient undertakes to pay marked on the consignment carrier duties.


Article. 787. [refusal to accept shipment] § 1. If the recipient refuses to accept the shipment or if for other reasons you can not him her serve, the air carrier must immediately notify the sender. If the sender makes no assurances in a timely fashion tips, the carrier should give the shipment for safekeeping or otherwise secure it by notifying the sender and the recipient.

§ 2. If the shipment is vulnerable to corruption, or if its storage requires the costs, for which there is no coverage, the carrier may sell it with proper application of the provisions on the effects of delay, the buyer receiving things.

Article. 788. [the carrier's liability] § 1. Compensation for loss, partial loss or damage at the time of its adoption for the carriage until the release of the recipient may not exceed the usual value of the shipment, unless the damage resulted from willful misconduct or gross negligence of the carrier.

§ 2. The carrier is not liable for the loss not exceeding limits laid down in the relevant legislation, and in the absence of such rules, limits customary accepted (the loss).

§ 3. For loss, loss or damage to money, valuables, securities or things particularly valuable the carrier is liable only if the properties of the consignment were listed at the conclusion of the contract, unless the damage resulted from willful misconduct or gross negligence of the carrier.

Article. 789. [Devotion shipment further carrier] § 1. The carrier may give the shipment for carriage to another carrier for the whole or part of carriage space, however, is responsible for the further carriers as its own.

§ 2. Each carrier which accepts the shipment on the basis of the same consignment note shall bear joint and several liability for the entire carriage according to the content of the letter.

§ 3. The carrier, which in respect of their joint and several liability for the entire carriage paid compensation, has a backlinks claim to the carrier will assume responsibility for the circumstances from which the damage resulted. If the circumstances these cannot be determined, the responsibility of all air carriers in relation to the following them transportable. Free from responsibility is the carrier, which proves that the damage was not over, that was carrying.

Article. 790. [lien] § 1. For claims under the contract of carriage, in particular: Transportable, unit, customs duties and other expenses, as well as for the security of such claims the previous freight forwarders and carriers, the carrier shall have the statutory right to a lien on the consignment until the shipment is on it or the person who holds it in his name, or until it can dispose of by means of documents.

§ 2. (repealed)

Article. 791. [the claim against the carrier] § 1. As a result of payment of the carrier and receipt without reservation expire any claim against the carrier arising from the contract of carriage. However, this does not apply to claims arising from the invisible damage to shipment, if the recipient within one week from the time of acceptance of the shipment, notify them of the carrier.

§ 2. The above provision shall not apply if the damage resulted from willful misconduct or gross negligence of the carrier.

Article. 792. [limitation of claims] Claims from the contract for the carriage of goods shall lapse at the end of the year from the date of delivery, and in the event of a total loss of the shipment or delivery of delay-from the date when the shipment was to be delivered.

Article. 793. [limitation of claims for recourse] Claim rights to the carrier against other carriers, who participated in the carriage of the shipment, shall lapse at the end of the six months from the date on which the carrier repaired the damage, or from the date on which it has been brought against him.

TITLE XXVI forwarding Agreement Art. 794. [the forwarding Agreement] § 1. By a contract of forwarding the freight forwarder undertakes for reward in the activity of his company to send or receive a shipment or to carry out other services related to the carriage.

§ 2. The freight forwarder may be his or her own behalf or on behalf of the principal.

Article. 795. [the application of the provisions concerning the forwarding contract] the provisions of this title shall apply to the mail services only in so far as it is not regulated by separate regulations.

Article. 796. [the application of the provisions of the order] where the provisions of this title or specific provisions provide otherwise, to the forwarding contract shall apply mutatis mutandis the provisions of the agreement.

Article. 797. [obligations of the shipper] the freight forwarder is obliged to take the steps needed to obtain reimbursement of unduly collected sums of transportable, customs duties and other charges relating to the carriage of the shipment.

Article. 798. [the security principal's rights] the freight forwarder is obliged to take the steps needed to secure the rights of the principal or his specified relative to the carrier or another agent.

Article. 799. [liability of the freight forwarder for performers] the freight forwarder is liable for carriers and subsequent freight forwarders with speaks the execution order, unless he is not at fault in choosing.

Article. 800. [the freight forwarder as a carrier] the freight forwarder may make a carriage. In this case, the freight forwarder has at the same time, the rights and obligations of the carrier.

Article. 801. [liability of the freight forwarder] § 1. Compensation for loss, partial loss or damage at the time of its adoption until the release of the carrier, freight forwarder or a person order with confidence, further by him indicated, may not exceed the usual value of the shipment, unless the damage resulted from willful misconduct or gross negligence of the shipper.

§ 2. The freight forwarder shall not be liable for the loss not exceeding limits laid down in the relevant legislation, and in the absence of such rules, limits customary accepted.

§ 3. For loss, loss or damage to money, valuables, securities or things particularly valuable the freight forwarder is liable only when the properties of the consignment were listed at the conclusion of the contract, unless the damage resulted from willful misconduct or gross negligence of the shipper.


Article. 802. [lien] § 1. For security claims for carriage and claims for Commission, for the reimbursement of expenditure and other charges resulting from the forwarding orders, as well as for the security of such claims the previous freight forwarders and carriers, the freight forwarder is entitled to a statutory right to a lien on the consignment until the shipment is on it or the person who holds it in his name, or until it can dispose of by means of documents.

§ 2. (repealed)

Article. 803. [limitation of claims] § 1. The claim from the forwarding contract shall lapse at the end of the year.

§ 2. The limitation period begins to run: in the case of claims for damage to or loss of the consignment-from the date of delivery; in the case of total loss of the shipment or delivery of delay-from the date on which the consignment was to be delivered; in all other cases, from the implementation of the order.

Article. 804. [limitation of claims for recourse] Claim rights of the freight forwarder against carriers and freight forwarders, which he used in the carriage of the shipment, shall lapse at the end of the six months from the date when the freight forwarder has repaired the damage, or from the day when the Court is seized against him. This provision shall apply mutatis mutandis to those claims between individuals, whom the freight forwarder used in the carriage of the shipment.

TITLE XXVII the insurance contract and general provisions Art. 805. [contract] § 1. By the insurance contract, the insurer undertakes, in respect of the activities of his company, to meet certain service in the event of pregnancy stipulated in the contract and the policyholder undertakes to pay the contribution.

§ 2. Performance of the insurer is in particular for payment: 1) when property insurance-specific compensation for damage arising as a result of stipulated in the contract;

2) when personal insurance – the agreed sum of money, annuity or other benefit in the event of pregnancy provided for in contract case in the life of the insured person.

§ 3. To a pension from an insurance contract shall not apply the provisions of the code of this about an annuity.

§ 4. The provisions of article 4. 3851-3853 shall apply mutatis mutandis, if the policyholder is a natural person contracting associated directly with their business or professional activity.

Article. 806. [Nullity and ineffectiveness of the contract], § 1. The insurance contract is void if the case provided for in the contract case, it is not possible.

§ 2. Insurance period prior to the conclusion of a contract is void, if, at the time of the conclusion of the agreement either party knew or while maintaining due diligence to find out that the accident he went or that dropped the possibility of its occurring in this period.

Article. 807. [the ratio of the General conditions of insurance for the provisions of the Act], § 1. The provisions of the General conditions of insurance or the provisions of a contract of insurance inconsistent with the provisions of this title are void, unless further legislation is required to provide for exceptions.

§ 2. (repealed)

Article. 808. [the insurance to a third party] § 1. The policyholder may enter into a contract to someone else's account. The insured may not be named indicated in the contract, unless it is necessary to determine the subject matter of insurance.

§ 2. The claim for the payment of contributions shall be entitled only to the insurer against the policyholder. Ground of affecting the liability of the insurer, it may pick up also against the insured.

§ 3. The insured person is entitled to claim the benefits payable directly from the insurer, unless the parties have agreed otherwise; However, no such arrangement can be made, if the accident has already wandered.

§ 4. The insured may request to the insurer gave him information about the provisions of the contract and the General conditions of insurance in so far as they concern the rights and obligations of the insured person.

§ 5. If the insurance contract does not bind directly to business or professional activity of the insured person, art. 3851-3853 shall apply mutatis mutandis to the extent that the agreement shall apply to the rights and obligations of the insured person.

Article. 809. [Document insurance] § 1. The insurer is obliged to confirm the conclusion of the contract document.

§ 2. Subject to the exception provided for in article 8(2). 811, in case of doubt, the contract shall be deemed concluded upon delivery of the policyholder insurance document.

Article. 810. (repealed) Article. 811. [Opposition insured to the provisions contained in the document of insurance] § 1. If in response to the complex deal, the insurer shall be delivered to the policyholder the insurance document that contains terms which differ to the detriment of the policyholder from the content of the offer, the insurer is obliged to pay to the policyholder on the account in writing on the delivery of this document, setting him at least a 7-day time limit for filing an objection. In the event of non-fulfilment of this obligation the changes made to the detriment of the policyholder are not effective, a contract is concluded in accordance with the terms of the offer.

§ 2. In the absence of objection, the contract comes into effect in accordance with the wording of the insurance document the next day after the expiry of the deadline for the submission of objections.

Article. 812. [General insurance conditions] § 1. (repealed) § 2. (repealed) § 3. (repealed) § 4. If the insurance contract is concluded for a period longer than 6 months, the policyholder has the right to withdraw from the contract within 30 days, and if the policyholder is an entrepreneur, within 7 days from the day of conclusion of the contract. If not later than the time of conclusion of the contract, the insurer shall inform the policyholder who is a consumer of the right to withdraw from the agreement, the term of 30 days shall run from the date on which the policyholder who is a consumer learned of this law. Withdrawing from an insurance contract, the policyholder shall not release from the obligation to pay the premiums for the period in which the insurer provide insurance cover.

§ 5. If the contract is concluded for a specified period, the insurer may terminate only in the cases specified in the Act, as well as important reasons set out in the agreement or these general terms and conditions of insurance.

§ 6. (repealed) § 7. (repealed)


§ 8. The difference between the agreement and the terms and conditions of insurance, the insurer shall provide the policyholder in writing prior to the conclusion of the contract. In the event of failure to comply with this obligation, the insurer cannot rely on the difference of unfavourable for the policyholder. Provision shall not apply to insurance contracts concluded by negotiation.

§ 9. The provisions of § 5 and 8 shall apply mutatis mutandis in the event of change in the General conditions of insurance for the duration of the contractual relationship. Without prejudice to the application of the in this case, the provision of art. 3841. 813. [Contribution] § 1. The contribution is calculated for the duration of the liability of the insurer. In the event that an insurance relationship before the expiry of the period for which it was a contract, the policyholder shall be entitled to reimbursement of contributions for the period of the unused cover.

§ 2. If not agreed differently, the premium should be paid simultaneously with the conclusion of an insurance contract, and if the agreement came to fruition before the delivery of the document of insurance-within fourteen days of its delivery.

Article. 814. [top of the liability insurer] § 1. If not agreed otherwise, the liability of the insurer begins from the day following the conclusion of the contract, no earlier however than the next day after paying contributions or its first instalment.

§ 2. If the insurer is liable before the payment of contributions or its first instalment, and the premium or the first instalment has not been paid within the time limit, the insurer may terminate the contract with immediate effect and claim payment of contributions for the period during which bear responsibility. In the absence of termination expires with the end of the period for which accounted for unpaid contributions.

§ 3. If you pay premiums in installments to settle within the next installment premiums may cause termination of liability of the insurer only if the result of the stipulated agreement or general terms and conditions of insurance, and the insurer after the expiry of the policyholder to pay the threat that failure to pay within 7 days from the date of receipt of the request will result in the termination of liability.

Article. 815. [the circumstances disclosed in the] § 1. The policyholder is obliged to provide to the insurer's message all familiar circumstances, of which the insurer asked in the offer or before the conclusion of the contract in other writings. If the policyholder contracting by a representative, this pregnancy also representative and include the circumstances known to him. In the event of the conclusion of the insurance contract by the insurer despite the lack of responses to individual questions, skipped the circumstances shall be considered to be negligible.

§ 2. If the insurance contract stipulated that, at the time of its duration shall be notified of a change in circumstances listed in paragraph preceding, the policyholder is obliged to give notice of these changes to the insurer as soon as you receive them to the message. This provision shall not apply to life insurance.

§ 21. In case of conclusion of a contract of insurance on someone else's account of the obligations set out in the preceding paragraphs rests on both the policyholder and the insured person, unless the insured person did not know about the conclusion of the contract on his account.

§ 3. The insurer shall not be liable for the effects of the circumstances which, in breach of paragraphs preceding were not given to his message. If a violation of paragraphs preceding there has been wilful, if in doubt, it is assumed that the event provided for in the contract and its aftermath are the result of circumstances referred to in the preceding sentence.

Article. 816. [Increasing the probability of accident] in the event of disclosure of circumstances which entail a significant change in the probability of an accident, either party may request the appropriate changes to the amount of contributions, starting from the time at which this has taken place, no earlier than from the beginning of the current period of insurance. If such a request the other party may terminate the agreement within 14 days with immediate effect. This provision shall not apply to life insurance.

Article. 817. [the term performance] § 1. The insurer is obliged to fulfil the service within thirty days from the date of receipt of the notification of the accident.

§ 2. If the explanation in this time the circumstances necessary to establish the liability of the insurer or the amount turned out to be impossible, the provision should be met within 14 days from the day on which, while maintaining due diligence explanation of those facts. However, the undisputed part of the benefits, the insurer should meet within the time limit laid down in paragraph 1.

§ 3. The insurance contract or the General conditions of insurance may include provisions which are more favourable to the holder than those referred to in paragraphs preceding.

Article. 818. [information on the case] § 1. The insurance contract or the General conditions of insurance may provide that the policyholder is obliged to within a specified period to notify the insurer of the accident.

§ 2. In case of conclusion of a contract of insurance on someone else's account of the obligation referred to in the preceding paragraph may be charged to both the policyholder and the insured person, unless the insured person does not know about the conclusion of the contract on his account.

§ 3. In the event of a breach of willful misconduct or gross negligence of the obligations set out in the paragraphs preceding the insurer may reduce performance if breach contributed to the increase of damages or prevented the insurer to determine the circumstances and the consequences of the accident.

§ 4. The effects of the lack of notice to the insurer of the accident does not occur, if the insurer within the time-limit for notification has a message about the circumstances that had to be given to his message.

Article. 819. [limitation of claims] § 1. The claim of the insurance contract shall lapse at the end of the three years.

§ 2. (repealed) § 3. In the case of liability insurance, the claim to the insurer for damages or compensation are subject to the expiry of the period laid down for that claim in the provisions on liability for damage caused tort or occasioned by non-performance or improper performance of the obligation.


§ 4. The limitation period for a claim for service to the insurer be interrupted also by reporting the insurer of that claim or by reporting the event covered by the insurance. The limitation period begins again from the date on which the claimant or the event has received a statement in writing of the insurer to grant or refuse the provision.

Article. 820 [Marine Insurance and reinsurance undertakings] the provisions of this title shall not apply to marine insurance and insurance (reinsurance).

TITLE II non-life insurance Art. 821. [Insurance property] Subject property insurance can be any property interest that is not contrary to law and can be evaluated in monetary terms.

Article. 822. [civil liability Contract] § 1. By the agreement of liability insurance, the insurer undertakes to pay the specified in the contract for compensation for damage caused to third parties in respect of which the liability for damages shall be borne by the policyholder or the insured person.

§ 2. If the parties have not agreed otherwise, the contract liability insurance covers the damages referred to in § 1, following the stipulated in the contract of the event, which took place during the period of insurance.

§ 3. The parties may stipulate that the contract will cover the damages, disclosed or reported during the period of insurance.

§ 4. Entitled to compensation in connection with the event covered by the insurance contract civil liability may claim directly from the insurer.

§ 5. The insurer may not against eligible to compensation raise alleged violation of obligations resulting from the agreement or general terms of insurance by the policyholder or the insured, if it occurred after the occurrence of the accident.

Article. 823. [the transfer of the right of contract] § 1. In the event of disposal of the subject matter of insurance law of the contract of insurance can be transferred to the purchaser of the subject of insurance. The transfer of these rights requires the consent of the insurer, unless the contract of insurance or general insurance conditions provide otherwise.

§ 2. In the event of a transfer of rights, referred to in § 1, to the purchaser of the subject to pass also the responsibilities which have gravitated to the vendor, unless the parties with the consent of the insurer agreed to otherwise. In spite of this transition of responsibilities the vendor shall be jointly and severally liable to the buyer for the payment of contributions per for the time until the subject of insurance to the buyer.

§ 3. If the rights referred to in paragraph 1, are not transferred to the purchaser of the subject of insurance, the insurance expires as soon as the transition of the subject of insurance to the buyer.

§ 4. The provisions of § 1-3 does not apply when you move the claims, which have arisen or may arise as a result of the incident provided for in the agreement.

Article. 824. [Limits liability insurer] § 1. If not agreed differently, the sum insured determined in the contract is the upper limit of the liability of the insurer.

§ 2. If after the conclusion of the contract value of the insured property has been reduced, the policyholder may demand an appropriate reduction of the sum insured. Reduce the sum insured may also for the same reason, make a single insurer, notifying them of the same time of the policyholder.

§ 3. Reduction of the sum insured entails a corresponding reduction in contributions starting from the first day of the month in which the policyholder demanded reduction of the sum insured or in which the insurer has notified the policyholder about the unilateral reduction of this sum.

Article. 8241. [compensation] § 1. Unless otherwise agreed, the sum of money paid by the insurer with the insurance may not be higher than the injury.

§ 2. If the same item at the same time, insurance is insured against the same risks at two or more insurers for the sum, which together exceed its value, the policyholder may not require the provision of transmission the amount of damage. Among insurers, each of them is responsible in this respect, what is accepted by the sum insured remains the total sum arising from the double or multiple.

§ 3. If any of the insurance contracts referred to in paragraph 2, it was agreed that the amount paid by the insurer with the insurance may be higher than the injury, the payment of benefits in part of transferring the amount of damages the policyholder may request only from the insurer. In this case, for the determination of liability among insurers should be adopted, that the insurance referred to in this paragraph, the sum insured is equal to the insured value.

Article. 825. (repealed) Article. 826. [Obligations of the policyholder in the event of an accident] § 1. In the event of an incident case, the policyholder is obliged to use the funds available to it in order to save the subject of insurance and prevent injury or reduce its size.

§ 2. The insurance contract or the General conditions of insurance may provide that in the event of an incident case, the policyholder is obliged to secure the opportunity to claim damages against those responsible for the damage.

§ 3. If the policyholder intentionally or by gross negligence, did not apply the measures referred to in § 1, the insurer is free from liability for damages caused because of this.

§ 4. The insurer is obliged, within the limits of the sum insured, return costs arising from the application of the measures referred to in paragraph 1, if such measures were deliberate, even if proved to be unsuccessful. The agreement or general terms and conditions of insurance may include provisions which are more favourable to the policyholder.

§ 5. In the event of an insurance or reward, the provisions of the preceding paragraphs shall also apply to the insured person.

Article. 827. [the insurer's Exemption from liability] § 1. The insurer is free from liability if the policy holder caused damage intentionally; in the event of gross negligence, compensation should not be, unless the agreement or general terms and conditions provide otherwise or the payment of the compensation corresponds to the equitable considerations in the circumstances.

§ 2. In liability insurance, you can set different rules of liability insurer than those referred to in paragraph 1.


§ 3. If not agreed differently, the insurer shall not be liable for damage caused intentionally by a person with whom the policyholder remains in the common household.

§ 4. In case of conclusion of a contract of insurance on someone else's account of the principles set out in the preceding paragraphs shall apply mutatis mutandis to the insured.

Article. 828. [the passage claims company] § 1. If not agreed differently, the date of payment of compensation by the insurer the policyholder's claim against the third party responsible for the damage passes by operation of law to the insurer up to the amount paid in damages. If the undertaking covered only part of the damage, the policyholder shall be entitled to the remainder of the priority to satisfy the claim of the insurer.

§ 2. Do not pass on the insurer of the claim of the policyholder against the people with whom the policyholder remains in the common household, unless the perpetrator caused damage intentionally.

§ 3. Policies resulting from the preceding paragraph shall apply mutatis mutandis in the event of the conclusion of the agreement on someone else's account.

SECTION III personal Insurance Art. 829. [Personal Insurance] § 1. Personal insurance may in particular relate to: 1) in life insurance-the death of the insured person or survival it is marked;

2) by accident insurance – injury, health disorder or death due to an accident.

§ 2. In the contract of life insurance on someone else's account, the liability of the insurer begins not earlier than the next day after that, when the insured has declared the site indicated in the contract, that want to take advantage of the reservation on behalf of the insurance cover. The statement should also include the amount of the sum insured. The amendment to the agreement to the detriment of the insured or of the person entitled to receive the sum insured in case of death of the insured person requires the consent of the insured person.

Article. 830. [termination of the contract by the policyholder] § 1. When personal insurance policyholder may terminate the contract at any time with the behavior of the date specified in the contract or the General conditions of insurance, and failing – with immediate effect.

§ 2. In the absence of a different agreement shall be considered reservations thing you by the policyholder, if the premium or its installer has not been paid within the period specified in the contract or the General conditions of insurance even though the prior request for payment within the additional period referred to in the General conditions of insurance; in the request should be communicated to the policyholder the consequences of non-payment of contributions.

§ 3. The insurer may terminate the contract life insurance only in the cases specified in the Act.

§ 4. The provisions of § 3 and article. 812 § 8 shall apply mutatis mutandis in the event of a change in the General conditions of insurance for the duration of the contractual relationship. Without prejudice to the application of the in this case, the provision of art. 3841. 831. [persons entitled to receive the sum insured] § 1. The policy holder may indicate one or more persons entitled to receive the sum insured in case of death of an insured person; You may also enter into a contract of insurance on the bearer. The policyholder can each of these objections, change or cancel at any time.

§ 11. In case of conclusion of a contract of insurance on someone else's account to the exercise of the powers referred to in the preceding paragraph, there is a need for prior agreement of the insured person; the agreement or general terms and conditions of insurance may provide that these rights-holder may perform alone.

§ 2. If you select several persons entitled to receive the sum insured, and not determined the contribution of each of them in this total, their shares are equal.

§ 3. The sum insured per holder does not belong to the estate of the insured.

Article. 832. [Provisions in the event of death], § 1. An indication of the holder to receive the sum insured becomes void, if he died before the death of the insured person or intentionally contributed to his death.

§ 2. If at the time of death of the insured person is not the person entitled to receive the sum insured, this sum is immediate family of the insured person, in the order established in the General conditions of insurance, unless otherwise agreed.

Article. 833. [Suicide of the insured] By life insurance suicide of the insured does not relieve the insurer from the obligation to provide, if the suicide occurred after the expiry of two years from the conclusion of insurance contract. The agreement or general terms and conditions of insurance may shorten this period, not more than 6 months.

Article. 834. [allegation of false information] If the accident occurred after the expiration of three years from the conclusion of the insurance contract, the insurer may not raise a plea that when concluding the agreement are false messages, in particular that concealed was disease of the insured person. The agreement or general terms and conditions of insurance may shorten this period.

TITLE XXVIII Storage Article. 835. [Agreement hold] by the agreement hold the bailee agrees to keep in condition without deterioration at movable devoted to him for safekeeping.

Article. 836. [remuneration for custody] if the amount of remuneration for safekeeping is not specified in the contract or in the tariff, the custodian must make salary data relations adopted, unless the contract or the circumstances indicate that he pledged to hold the thing without compensation.

Article. 837. [how to store things] Bailee shall keep thing in such a way as to what is promised, and in the absence of the agreement in this regard, in such a way that it follows from the properties of the stored goods and the circumstances.

Article. 838. [Protect things against loss or damage] Bailee is entitled and even obliged to change specified in the contract where and how to store things, if this is necessary for its protection against loss or damage. If prior agreement made possible, bailee should get before the change.

Article. 839. [prohibition of use of things] Custodian is not allowed to use things without the consent of the applicant, unless this is necessary to preserve in the State without deterioration at.


Article. 840. [putting things with another person] § 1. Bailee may not give away things for safekeeping to another person, unless it is forced by circumstances. In the case of this is obliged to notify immediately the applicant where and who to made, and if a notice is responsible only for the lack of due diligence in the selection of Deputy.

§ 2. The Deputy is also responsible with respect to the applicant. If the bailee is liable for the actions of his deputies as for their own actions, their liability is joint and several.

Article. 841. [responsibility for accidental loss or damage to items] if the bailee, without the consent of the applicant and without the necessary needs, uses things or change the place or its storage or if it has to with another person, it is also responsible for accidental loss of or damage to things that would otherwise not occur.

Article. 842. [reimbursement] the applicant should return the custodian expenditure which the suffered in order to properly hold things together with statutory interest and release przechowawcę from the commitments entered into by it in the above to his or her own behalf.

Article. 843. [Shared custody] if several persons jointly adopted or gave to for safekeeping, their liability to the other party is joint and several.

Article. 844. [Return stuff donated for safekeeping] § 1. The applicant may at any time recall stuff donated for safekeeping.

§ 2. Bailee can request pick up things before the expiry of the deadline in the contract, if as a result of circumstances which could have foreseen, not without their own prejudice or without risk of things to store it in such a way as to what is required. If the period of storage was not marked or if the thing was taken for safekeeping without compensation, bailee can request pick up things at any time, as long as its not there at the time of inappropriate for the applicant.

§ 3. Return of things should be in a place where it was supposed to be stored.

Article. 845. [Deposit invalid] if specific provisions or of the contract or the circumstances show that the bailee may dispose of dedicated for safekeeping money or other things labeled only as to species, shall apply mutatis mutandis the provisions of the loan (deposit invalid). The time and place of return determine rules on storage.

TITLE XXIX responsibility, right of lien and limitation of claims remaining hotels and similar establishments Article. 846. [responsibility for belongings brought] § 1. The continued profit-making hotel or similar establishment is responsible for the loss of or damage to things brought by the person using the services of a hotel or similar establishment, hereinafter referred to as "guest", unless the damage resulted from the properties of the things brought or due to force majeure or that it was only due to the fault of the victim or the person who accompanied him, was employed with him or visited it.

§ 2. Thing have been brought within the meaning of this is that at the time of use by a guest from the hotel or similar establishment is located in the hotel or similar establishment or outside of it, and has been entrusted to utrzymującemu profit-making hotel or similar establishment or person employed by him or put in place by them indicated or intended for this purpose.

§ 3. Thing have been brought is also the thing that in the short term, the customary period preceding or following that, when a guest uses the services of a hotel or similar establishment, has been entrusted to utrzymującemu profit-making hotel or similar establishment or person employed by him or put in place by them indicated or intended for this purpose.

§ 4. Of motor vehicles, and to the things they left behind and live animals shall not be considered as things brought. The continued profit-making hotel or similar establishment may not match as bailee, if a contract of storage.

§ 5. Exclusion or limitation of liability referred to in paragraph 1, by agreement or notice shall not have the effect of law.

Article. 847. [notice of injury] Claim for damages due to the loss of or damage to things brought to a hotel or similar establishment shall lapse if the sufferer after receiving news of the damage do not notify her immediately persistent. This provision shall not apply when the damage has caused sustained profit-making hotel or similar establishment or when the accepted thing for safekeeping.

Article. 848. [limitation of claims for damages] Claims damages from loss or damage to things brought to a hotel or similar establishment shall lapse at the end of six months from the date on which the victim learned of the damage, and in any case at the end of the year from the date on which the injured party has ceased to use the services of a hotel or similar establishment.

Article. 849. [responsibilities] § 1. The scope of the obligation to compensate for damage by persistent profit-making hotel or similar establishment in case of loss or damage to the thing made is limited to one guest, up to the amount of stokrotnej for apartments and supplied to him, calculated for one day. However, the responsibility for every thing must not exceed 50 times the amount of the royalties.

§ 2. To limit the scope of the obligation to compensate for damage shall not apply to cases where the continued profit-making hotel or similar establishment accepted things for safekeeping or refused to accept them for safekeeping, although he was obliged to adopt them, as well as if the damage resulted from willful misconduct or gross negligence of his or a person employed by him.

§ 3. The continued profit-making hotel or similar establishment is obliged to accept for safekeeping money, securities and valuable items, in particular the valuables and objects having scientific or artistic value. May refuse to accept these things only if they threaten the safety or if relative to the size or standard hotel or similar establishment have too much value or when the take up too much space.


Article. 850. [lien] to secure payment for the apartment, maintenance and services provided to the person that uses the services of a hotel or similar establishment, as well as to secure a claim for the reimbursement of expenditure for that person incurred have employed utrzymującemu hotel or similar establishment statutory right of lien on the things brought. This right is subject to the provisions of the statutory lien law the landlord.

Article. 851. [the enterprise hotel's] Claim arising in respect of the activities of the hotel enterprises in respect of receivables for supplied apartment, maintenance and services and in respect of expenditure incurred on behalf of people who use the services of such companies, barred over two years. This provision shall apply mutatis mutandis to undertakings.

Article. 852. [Bets swimsuits] Provisions on liability and statutory law pledge sustained profit-making hotel or similar establishment shall apply mutatis mutandis to the bathing establishments. However, with regard to items that do not normally tend to be paid by people who use the services of these establishments, the liability of the operator is limited to the case when he accepted the item in storage or when damage resulted from willful misconduct or gross negligence of his or the person employed him.

TITLE XXX storage contract Art. 853 [storage contract] § 1. By the agreement the composition of the entrepreneur component undertakes to hold, for remuneration, designated in the contract of goods.

§ 2. The entrepreneur component is obliged to issue the applicant a receipt which should replace the type, number, designation and how to package things, as well as other relevant provisions of the agreement.

Article. 854. [exclusion of application of the provisions of the Act] the provisions of this title shall not apply in cases where the entrepreneur component acquires ownership of the complex things and is obliged to return only the same amount of things of the same species and the same quality.

Article. 855. [Obligations of the entrepreneur component] § 1. The entrepreneur component is liable for damage occasioned by the loss, loss of or damage to the thing at the time of the adoption of its composition to the release of the person entitled to receive, unless he proves that he could not prevent the damage, although care has been taken to exercise due diligence.

§ 2. The entrepreneur component is obliged to carry out appropriate maintenance. The contrary provision of this agreement is void.

§ 3. The entrepreneur component is not responsible for the loss not exceeding the limits laid down by the relevant provisions or, in the absence of such rules, limits customary accepted.

§ 4. Compensation may not exceed the usual value of things, unless the damage is due to wilful misconduct or gross negligence of the entrepreneur component.

Article. 856. [the limits of responsibility of the entrepreneur component] Entrepreneur component is obliged to insure the things only when it received such an order.

Article. 857. [obligation to entrepreneur component] if the State of Affairs submitted the trader składowemu raises the suspicion that there is a lack, loss, corruption or damage to things, the entrepreneur component should make the actions necessary to protect the property and rights of the applicant.

Article. 858. [obligation to notify] Entrepreneur component should notify the applicant about the events important for the protection of the rights of the applicant in or concerning the State of things cast on the composition, unless the notice is not possible.

Article. 859. [Sale items] if an item is exposed to corruption, and can't wait to order the applicant, the entrepreneur component has the right, and where required by the interest of the applicant, including the obligation, to sell the thing with due diligence.

Article. 8591. [obligation to entrepreneur component] Entrepreneur component should allow the requesting country view things, sharing, or combining, sampling and other activities in order to keep things in good condition.

Article. 8592. [combination of things] § 1. The entrepreneur component can connect things spare parts of the same species and the same quality, belonging to the couple, with their written consent.

§ 2. The release of the applicant per him part of the things linked in this way does not require the consent of the other making up.

§ 3. Division and combination of things should be disclosed in the documents of the entrepreneur component.

Article. 8593. [lien] Entrepreneur składowemu is used on the precautionary side duties and member of reimbursement of expenses and costs, in particular, transportable and customs duties, a refund provided to the applicant and any other charges incurred in respect of the contract or the storage contracts, statutory right of lien on the things cast into storage until they are in it or the person who holds them on behalf of the , or until you can dispose of them with documents.

Article. 8594. [presumption of a contract extension for an indefinite period] composition Agreement concluded for a fixed term shall be deemed to be extended for an indefinite period, if 14 days before the expiry of the entrepreneur component has not requested by registered mail pick up things in the agreed time.

Article. 8595. [termination] the composition Agreement concluded for an indefinite period the entrepreneur component may terminate by registered letter, with the monthly period, but no earlier than after the expiry of 2 months of the submission of things.

Article. 8596. [putting things for safekeeping] If the applicant does not receive the things despite the expiry of the agreed term or period of notice of the contract, the trader components can give to for safekeeping at the expense and risk of the applicant. It can, however, do this only if the law warned the applicant of its intention to exercise his right to the latter by registered letter, sent no later than 14 days before the expiry of the agreed term.

Article. 8597. [a call to pick up things] in spite of the conclusion of the agreement on the time the entrepreneur component can for important reasons at any time, request the applicant to pick up things, however, the corresponding term they receive.

Article. 8598. [the expiry of claims] § 1. By taking things without reservation and payment of all receivables of the entrepreneur component expire any claim to the entrepreneur component of a storage contract, with the exception of claims arising from the invisible damage to things, if the applicant shall, within seven days of receipt, notify them the entrepreneur component.


§ 2. Provision in § 1 shall not apply in the case, when the rise of the damage is a consequence of wilful or gross negligence.

Article. 8599. [limitation of claims] claims for a storage contract shall lapse at the end of the year.

TITLE XXXI Company Article. 860. [AoA] § 1. By agreement of the company partners undertake to seek to achieve a common economic purpose by acting in a way marked, in particular, by the payment of contributions.

§ 2. The partnership agreement should be found by letter.

Article. 861. [contribution to shareholder] § 1. The contribution of the partner you can rely on to bring to the company's ownership or other rights or the provision of services.

§ 2. It is presumed that contributions of shareholders have equal value.

Article. 862. [Bringing things] If a partner has committed to bring to the company's ownership of things, to the implementation of this obligation, as well as to the liability of warranty and the danger of loss or damage to things shall apply mutatis mutandis the provisions of the sale. If things are to be made only for use, shall apply mutatis mutandis in this regard the provisions of the lease.

Article. 863. [joint ownership total] § 1. A partner may not dispose of the participation in the common assets of the shareholders or the participation in the individual components of this property.

§ 2. During the company's partner cannot claim the Division of the joint property of the partners.

§ 3. During the company create a partner may not require settlement of its share in the common property of the shareholders, or from participation in the individual components of this property.

Article. 864. [severally members] liabilities of the company shall be jointly and severally responsible to shareholders.

Article. 865. [the conduct of company's Affairs] § 1. Each partner is entitled and obliged to carry out the company's Affairs.

§ 2. Each partner may without prior resolution of the partners lead the cases that do not exceed the scope of the ordinary activities of the company. However, if before the end of the case even if one of the other shareholders will object to its drive, you need a resolution of the shareholders.

§ 3. Each partner may without prior resolution of the shareholders to take action a sudden, whose failure could expose the company to the irreparable losses.

Article. 866. [the right to represent the company] in the absence of a different agreement or resolution of the shareholders of each partner is authorized to represent the company in such borders, in which it is entitled to conduct its affairs.

Article. 867. [a share of the profits and losses of the] § 1. Each partner is entitled to equal share in the profits and in this relation participates in losses, regardless of the type and value of the contribution. In the agreement the company can otherwise determine the ratio between the shareholders ' share in profits and losses. You can even release some members of share of losses. However, you cannot disable the shareholder from participation in the profits.

§ 2. Fixed in the contract the ratio of shareholder participation in the profits refers, in case of doubt, to share in the losses.

Article. 868. [the Division and payment of profits] § 1. A partner may request the Division and distribution of profits only after the dissolution of the company.

§ 2. However, when the company was concluded on time, partners can request Division and the distribution of profits at the end of each fiscal year.

Article. 869. [termination of participation] § 1. If the company is concluded for an indefinite period, each partner can occur by saying its participation on three months forward at the end of the accounting year.

§ 2. For important reasons a partner may terminate your participation without notice periods, even if the company was concluded for a period of time. Disclaimer to the contrary is void.

Article. 870. [the termination of participation by a personal creditor] if, within the last six months has been made ineffective the attachment of movable property of a shareholder, creditor, which received shareholder rights seizure in the event of the company or its solutions may terminate his participation in the company three months ahead, even if the company was concluded for a period of time. If the partnership agreement provides for a shorter period of notice, the creditor may, on that date.

Article. 871. [an instance of shareholder] § 1. Shareholder who appears from the company returns in the nature of things that appealed to the company to use, and shall be paid in money value of its contribution is marked in the partnership agreement, and in the absence of such a designation is the value that this contribution had at the time. It is refunded the value of the contribution to the provision of services or for the use by the company of things belonging to a partner.

§ 2. In addition, the applicant shall be paid such proportion of the value of money in the shareholder of the joint property remaining after deduction of the value of the contributions of all partners, which represents a ratio in which the who partner participated in the profits of the company.

Article. 872. [the death of shareholder], you can stipulate that the heirs of a partner will come to the company in its place. In the event that they should indicate the company one person who will exercise their rights. As long as this does not occur, the remaining partners may take any steps in the conduct of the company's Affairs.

Article. 873. [Tacit extension agreement] If despite the existence of provided for in the contract reasons solutions the company takes she continues with the consent of all the partners, who consider themselves to be extended for an indefinite period.

Article. 874. [Solution of the company by the Court] § 1. For important reasons, each shareholder can request dissolution of the company by the Court.

§ 2. The company shall terminate on the date of bankruptcy partner.

Article. 875. [joint ownership in fractional parts] § 1. From the time of the dissolution of the company shall apply mutatis mutandis to the joint property of the partners rules of co-ownership in fractions with the behavior of the following rules.

§ 2. From the assets remaining after payment of the debts of the company asks shareholders for their contributions, using the provisions of a refund of contributions in the event of a shareholder of the company.

§ 3. The remainder of the surplus of the joint property is divided between the partners in this relationship, in which participated in the profits of the company.

TITLE XXXII Guarantee Article. 876. [Contract surety] § 1. By the agreement of guarantee the guarantor undertakes to respect the creditor to perform the obligation, in the event that the debtor did not perform the obligation.


§ 2. Statement by the guarantor should be under the pain of nullity made in writing.

Article. 877. [the guarantor the main debtor] as surety for the debt of the person who was unable to undertake due to a lack of legal capacity, the guarantor should meet the provision as the main debtor, if, at the time of guarantee about the lack of ability that person knew or could easily find out.

Article. 878. [Surety for the debt future] § 1. Can the surety for the debt came to the height from the top of the marked.

§ 2. Lifetime guarantee for the debt future may be before the creation of the debt canceled at any time.

Article. 879. [the scope of the obligations of the guarantor] § 1. The extent of obligations of guarantor shall decide każdoczesny the scope of the obligations of the debtor.

§ 2. However, legal action by the debtor to the creditor after the award of the guarantee may not increase the obligations of the guarantor.

Article. 880. [debtor's Delay], if the debtor is delayed complying with the provision, the creditor should inform immediately the guarantor.

Article. 881. [liability of the guarantor] in the absence of a different reservation of the guarantor is responsible as waives.

Article. 882. [the expiry of warrants] If the date of payment of the debt is not marked or if the payment of the debt depends on the notice, the guarantor may after a period of six months from the date of the warrants, and if vouched for the debt future-from the date of the request that the debt is created called the debtor to pay, or to the nearest deadline has notice. If the creditor does not comply with the above request, the undertaking the guarantor shall expire.

Article. 883. [Allegations guarantor] § 1. The guarantor may raise against the creditor any allegations that are entitled to the debtor; in particular, the guarantor may deduct the debt owed by the debtor with respect to the creditor.

§ 2. The guarantor does not lose these allegations, even if the debtor waived them or decided the creditor's claim.

§ 3. In the event of the death of the debtor's guarantor may not rely on a limitation of liability the heirs under the law of succession.

Article. 884. [claims against the guarantor] § 1. The guarantor, against which the claimant claims should notify the debtor immediately urging him to participate in the case.

§ 2. If the debtor does not take part in the case, he may not raise against the guarantor, which he entitled against the creditor and the guarantor not picked up because of this, that did not know about them.

Article. 885. [notice of the debtor payment of] the guarantor must immediately notify the debtor of the debt payment by itself, for which vouched. If this is not done, and the debtor an obligation did not require the debtor to return what he has paid to the creditor, unless the debtor was acting in bad faith.

Article. 886. [notice the guarantor of the implementation of] If the guarantee is granted with the debtor, the debtor should immediately notify the guarantor of the implementation of commitments. If this is not done, the guarantor, which satisfied the creditor, the debtor can request a refund of what you paid to the creditor, unless it was acting in bad faith.

Article. 887. [ridding themselves of debt] if the creditor rid myself of collateral or evidence, are relative to the guarantor responsibility resulting from here.

TITLE XXXIII Donation Article. 888. [Agreement donations] § 1. By a contract of donation the donor undertakes to provide for the benefit of the donee at the cost of its assets.

§ 2. (repealed)

Article. 889. [Free donations other than donation] do not constitute donations following free donations: 1) when the commitment to free provision arises from the contract governed by other provisions of the code;

2) when someone waives the right, which has not yet purchased or acquired in such a way that, in the event of a waiver of the right is deemed to be acquired.

Article. 890. [form of the contract of donation] § 1. Statement of the donor should be submitted in the form of a notarial deed. However, the donation agreement concluded without this form becomes valid, if the promised provision has been met.

§ 2. The above shall not prejudice the provisions of which, by reason of the subject matter of donations require a particular form of behavior for the claims of both parties.

Article. 891. [the responsibility of donors] § 1. The donor is obliged to compensate for damage arising from non-performance or improper performance of an obligation, if the damage was caused intentionally or by gross negligence.

§ 2. If the donor is delayed complying with the cash benefit, the donee may demand interest for delay only from the date of bringing the action.

Article. 892. [responsibility for material defects] if an item given has disadvantages, the donor is obliged to repair the damage, which caused obdarowanemu by knowing about the defect not made known to him about them in due time. This provision shall not apply where the donor can easily defect noted.

Article. 893. [command] Donor may put on the donee the obligation marked an act or omission, not making one creditor (command).

Article. 894. [Fill commands] section 1. The donor, who has performed an obligation arising from the contract of donation, you may request a fill command, except that it is only to the benefit of the recipient.

§ 2. After the death of the donor fill commands may require the heirs of the donor, and if the command has regard to the public interest, including the competent State authority.

Article. 895. [Denial fill] § 1. The donor may refuse to fill the command if it is justified as a result of a significant change.

§ 2. If the fill command requests the donor or his heirs, the donor can release by release item donation in kind in the State in which it is located. This provision shall not apply when the fill command requests the competent authority of the State.


Article. 896. [Appeal donations uncompleted] Donor may revoke a donation yet undone, if after conclusion of the contract its financial status has been such a change, that the donations may not take place without prejudice to the maintenance of his own up to its justified needs or without prejudice to the obligations incumbent on the statutory maintenance obligations.

Article. 897. [a paucity of donor] If after the donation the donor in scarcity, the donor has the obligation, within the limits of the existing yet enrichment, to provide the donor funds, which his lack of maintenance of corresponding his justified needs or to fulfill on the statutory maintenance obligations. The donor may, however, exempt from this obligation of paying donors the value of enrichment.

Article. 898. [Appeal donations made] § 1. The donor may revoke a donation even already made if the donee has committed to it gross ingratitude.

§ 2. Return the recalled item donation should take place according to the rules of unjust enrichment. From the moment the event justifying the reference given is responsible on an equal footing with the unduly enriched, that should count with the obligation to return.

Article. 899. [Appeal donations due to ingratitude] § 1. The donation may not be cancelled due to ingratitude, if the donor obdarowanemu forgive. If, at the time of forgiveness the donor did not have legal capacity, forgiveness is effective when there has been sufficient understanding.

§ 2. The heirs of the donor may revoke a donation due to ingratitude only when the donor at the time of his death, was entitled to appeal or if the donee intentionally deprived donor age or intentionally caused upset which results in health was the death of the donor.

§ 3. The donation may not be cancelled after one year from the date on which the right of Appeal learned about ingratitude bestowed upon him.

Article. 900. [Form references] Reference donations shall be effected by a declaration made in writing to obdarowanemu.

Article. 901. [donation Agreement entered into by the person ubezwłasnowolnioną] § 1. The representative of the person interdicted may request termination of the contract of donation made by this person before the empowerment, if the donation due to the value of the provision and the lack of legitimate motives is excessive.

§ 2. Termination of the contract of donation cannot request two years after its implementation.

Article. 902. [exclusion of application of the provisions of the cancellation] Rules of appeal donations does not apply when the donation meets the obligation arising from the rules of social conduct.

TITLE XXXIII1 the transfer of real estate Article. 9021. [the contract of delivery] § 1. By the agreement of transfer of property owner agrees to free of charge transfer to the municipality or State ownership of the property.

§ 2. The State may conclude a contract of transfer of real estate, when the municipality of location of the whole or part of the property is not used in connection with the invitation to its conclusion within three months from the date of the invitation by the property owner.

Article. 9022. [responsibility of the owner for defects of property] if the parties have not agreed otherwise the relay owner property is not responsible for the defect.

TITLE XXXIV Pension and annuity and Pension Article. 903. [annuity] By agreement of the pension one party undertakes to respect the other to specific periodical benefits in money or in things marked only as to the genre.

Article. 9031. [a form of annuity agreement] agreement of the pension should be established by letter.

Article. 904 [terms of payment of the pension] If not determined otherwise payment terms, pension money should you pay a month in advance, and the pension benefits in things marked only as for the species must be paid within the time limits under the properties of the provision and the purpose of the pension.

Article. 905. [chargeability of benefits] if he lived on annuity payments paid in advance, to the entire benefit payable for the period in question. The survivor's pension payable in arrears should be paid for the time up to the date on which the obligation is terminated.

Article. 906. [the application of the provisions of the sale or gift of] § 1. To an established for remuneration shall apply mutatis mutandis the provisions of the sale.

§ 2. To an established without compensation, the provisions about the gift.

Article. 907. [non-contractual Pension] § 1. The provisions of this section shall apply in the absence of specific provisions in cases where the pension is due to the non-contractual sources.

§ 2. If the obligation to pay a pension derives from the Act, either party may in the event of a change of relations require changes in altitude or time duration, at least in terms of the amount of the pension and its duration were established a judicial decision or in the contract.

TITLE II to life imprisonment Art. 908. [the contract of annuity] § 1. If in return for the transfer of ownership of the real estate buyer agrees to provide the vendor lifetime maintenance (contract of annuity), it should, in the absence of a different agreement, the vendor as the end user, to provide him with food, clothing, housing, fuel and light, provide adequate assistance and nurture in disease and make it your own at the expense of funeral corresponding to local practice.

§ 2. If the annuity buyer real estate has undertaken ordered to to the vendor, whose execution is limited to part of the estate, easement or other easement personal or meet the recurring benefits in money or in things marked as to species, use of personal servitude, and permission to duplicate benefits belong to the content of the right to life imprisonment.

§ 3. Annuity can provide also for a person close to the vendor of the property.

Article. 909. (repealed) Article. 910. [transfer of ownership of real estate on the basis of a contract of annuity] § 1. The transfer of ownership of real estate on the basis of a contract of annuity from the simultaneous load real estate law a life sentence. Such load shall apply mutatis mutandis the provisions on the rights of property, plant and equipment limited.


§ 2. In the event of disposing of the property buyer to life imprisonment, the law biased also bears personal responsibility for the provision of this law, unless the fallen due at the time when the property was not his own. Personal responsibility of co-owners is joint and several.

Article. 911. [the death of one of the eligible] Right to life imprisonment, established for the benefit of several persons in the event of death of one of these persons to the relevant reduced.

Article. 912. [non-transferability of the right to life imprisonment, the] Right to life imprisonment, is non-transferable.

Article. 913. [Replacement on a lifetime pension] § 1. If for any reasons will generate between dożywotnikiem and entrusted with such relationships, that you can not require the parties to remain still in direct contact with each other, the Court, at the request of one of them will turn into all or some of the rights covered by the content of the right to life imprisonment on a lifetime pension corresponding to the value of those rights.

§ 2. In exceptional cases, the Court may at the request of the debtor, or (the annuitant), if Lifer is the vendor of property, terminate the contract of annuity.

Article. 914. [Replacement law a life sentence on a pension in case of disposing of the property] If required for annuity contracts had received the property, Lifer may request the conversion of the law a life sentence on a lifetime pension corresponding to the value of that right.

Article. 915 [Load property use,] the provisions of the preceding two articles shall apply mutatis mutandis to contracts by which the buyer of real estate has undertaken, in order to ensure vendor life maintenance, to charge real estate use of limited it to a part of the real estate.

Article. 916. [the relative ineffectiveness of the contract of annuity] § 1. A person, in respect of which the dożywotniku statutory maintenance obligation, it may request recognition of contract of annuity for your offer in relation to it, if as a result of this agreement, the Lifer became insolvent. This permission is entitled regardless of whether Lifer acted with the knowledge of suffering harm creditors, and regardless of the time of conclusion of the contract.

§ 2. Recognition of agreement for life imprisonment for ineffective cannot request after the expiry of five years from the date of this agreement.

TITLE XXXV Settlement Article. 917. [the settlement] By agreement the parties make mutual concessions in respect of an existing legal relationship between them in order to set aside the uncertainty as to the claims arising out of that relationship or ensure their execution or to revoke an existing dispute or may arise.

Article. 918. [set aside from the legal implications of the settlement concluded under the influence of an error], § 1. Set aside from the legal implications of the settlement concluded under the influence of error is acceptable only if the error relates to the facts, which, according to the content of the agreement both parties consider a definite, and the dispute or uncertainty would not be created, if at the time of conclusion of the agreement the parties were aware of the true state of things.

§ 2. You cannot avoid the legal consequences of settlement due to the finding of the evidence as to the claims, which the settlement relates unless that has been made in bad faith.

TITLE XXXVI promise to public Art. 919. [the promise public] § 1. Who by public announcement promised to reward for completing marked steps, is obliged to promise to keep.

§ 2. If the commitment was not indicated due date or there was a claim that the promise is irrevocable, przyrzekający may be appealed. Reference should be made by public notice in the same manner in which it was made a promise. The appeal is ineffective against the person who previously performed action.

Article. 920. [award] § 1. If an action has several people independently of each other, each of them to award the full amount, unless it was a final only one prize.

§ 2. If it was a final only one prize, they will receive it, the person who first to report, and in the event of simultaneous notification to several people-that the first action performed.

§ 3. If the action has a few people together, in the event of a dispute the Court respectively, will share the prize.

Article. 921. [competition] § 1. Public promise awards for best work or for the best action is ineffective, if not in it marked the period during which you can apply for the award.

§ 2. The assessment of whether and which work or activity deserves the prize, belongs to przyrzekającego unless stated otherwise prizes commitment.

§ 3. Przyrzekający the award acquires ownership of the award winning works only when it is applied in the commitment. In the event that the acquisition of ownership occurs at the moment of payment of the award. This provision shall also apply to the acquisition of the copyright or the rights of the invention.

TITLE XXXVII message and securities DEPARTMENT and Art. 9211. [Message] Who passes second (transferee) the provision of a third party (passed), authorizes the same transferee to accept, and passed to the performance on behalf of the transferor.

Article. 9212. [acceptance of media] § 1. If passed, declared the receiver of the transmission, the message takes, is obliged to respect the recipient to meet the provision specified in the transmission.

§ 2. In this case, passed may rely only on grounds arising from the content of the message and the allegations that you have personally against the recipient.

§ 3. Claims of the customer against passed into the resulting from the adoption of the media, barred at the end of the year.

Article. 9213. [Reference media] can Relay the message reference, until passed did not accept it or not.

Article. 9214. [Passed the debtor the transferor] If passed is indebted to the transferor to the transferred benefit, it is obliged to redress it accompanies.

Article. 9215. [Supplying the debtor of the recipient] If the transferor is indebted to the receiver of the transmission, the debt shall only by performance, unless otherwise agreed.

SECTION II securities Art. 9216. [Commitment of security] if the obligation arises from the issued security, the debtor is obliged to provide for the return of the document or sharing it to the debtor the purpose of deprivation of a document on its legal force in the customary manner.


Article. 9217. [performance into the hands of the holder of the document] performance into the hands of the holder of the legitymowanego content security releases the debtor, unless he acted in bad faith.

Article. 9218. [Registered securities] securities by roll call a person by name in the body of the document. The transfer of rights via transfer linked the release of the document.

Article. 9219. [securities on behalf of] § 1. Securities on behalf of a person listed in document and each, on whose rights were transferred by endorsement.

§ 2. The endorsement is the affidavit on paper a valuable and at least the signature of the vendor, for the transfer of rights to another person.

§ 3. To the transfer of rights from the document you need is his issue and the existence of a continuous series of indosów.

Article. 92110. [securities to bearer] § 1. Where to blow circuit document bearer is required the authorization of the competent authority of the State, the document issued without such permission is not valid.

§ 2. The signature of the debtor may be reflected way, unless specific provisions stipulate otherwise.

Article. 92111. [to apply to a judicial deposit] § 1. The debtor is under no obligation to take, whether the person presenting is the owner of the document. However, in the event of justified doubts as to whether the person presenting the document is the creditor, the debtor should make the subject of the provision of the deposit.

§ 2. If the competent authority has issued a ban on the provision, the exemption from liability shall be effected by the deposit subject to legal deposit.

Article. 92112. [transfer of rights from the document bearer] transfer of rights from the document bearer shares requires the release of this document.

Article. 92113. [debtor] Debtor may invoke against the creditor on the allegations, which relate to the validity of a document or derive from its content or serve him in person against the creditor. The debtor may also rely on allegations that he used against previous to the creditor, if the purchaser of the document acted to the detriment of the debtor.

Article. 92114. [cancellation of securities] § 1. Cancellation of securities are governed by specific provisions.

§ 2. If security has been validly have been disposed of, the debtor is obliged to give the person to whom the remission has occurred at the expense of the new document, and when the debt is due – to meet the provision.

Article. 92115. [ID Characters] § 1. The provisions of the Securities Act shall apply mutatis mutandis to the characters of the ID applications stating obligations.

§ 2. In the event of loss of the mark photograph, stating in its obligation to provide content at the request of the creditor, the debtor may make performance of rights by the person reporting such a request.

§ 3. To photograph that does not specify by name the person entitled, shall apply mutatis mutandis the provisions of bearer securities, unless otherwise follows from the specific provisions.

Article. 92116. [the application of the provisions concerning securities] the provisions of this chapter shall apply mutatis mutandis to the securities law other than the claims.

BOOK the FOURTH FALL TITLE I General provisions Art. 922. [the decline] § 1. The rights and obligations of the property of the deceased pass upon his death to one or more persons pursuant to the provisions of this book.

§ 2. Do not belong to a decrease in the rights and obligations of the deceased closely associated with his person, as well as the rights that upon his death passed on to tagged people regardless of whether they are heirs.

§ 3. The debts of the succession also funeral costs of the testator, in so far as the funeral of this corresponds to the practice adopted in your environment, the costs of probate, the obligation to satisfy the claims of the reserved portion and the obligation to perform the usual entries and commands, as well as other obligations provided for in the provisions of this book.

Article. 923. [Permission to use the apartment of the deceased] § 1. The spouse and the other persons close to the deceased, who lived with him until his death, are entitled to use within three months since the opening of the decline of the housing and household goods within the scope of the current. Regulation of the testator to exclude or restrict this permission is void.

§ 2. The above shall not limit the powers of the spouse and other people close to the testator, that derive from the leases or cooperative right to the premises.

Article. 924. [Opening fall] Fall opens upon the death of the testator.

Article. 925. [While acquisition of inheritance] Heir acquires decline upon opening.

Article. 926. [Appointment to drop] § 1. The call to drop results from the law or Testament.

§ 2. Intestacy in whole inheritance occurs when the testator has not referred the heirs or when none of the people who called, does not want to or can not be heir.

§ 3. Subject to the exceptions in the law, the right to inheritance laws as to part of the inheritance occurs when the testator has not referred to that part of the heirs or any of the several people who called to all fall in, I do not want to or can not be heir.

Article. 927. [the ability to inherit] section 1. It may not be the heir to a natural person who does not live at the time of the opening of the inheritance, or a legal person, which at that time does not exist.

§ 2. However, the child at the time of the opening of the decline already conceived can be the heir, if it is born alive.

§ 3. The Foundation established in the will by the testator may be the heir, if it is entered in the register within two years from the notice.

Article. 928. [the heir unworthy] § 1. Heir may be recognized by the Court to be unworthy, if: 1) guilty of intent of heavy crimes against the testator;

2) tricked or threat persuaded the testator to make or the revocation of a will or in the same way prevented him in one of the following;

3) intentionally hid or destroyed a will of the testator, podrobił or remade his testament or knowingly took advantage of the Testament by another person the fake or converted.

§ 2. Heir unworthy is excluded from inheritance, so if they did not live to see the opening.


Article. 929. [appreciation for unworthy] recognition of heirs for the unworthy may require everyone who is in this business. With the request that may occur within one year from the date on which it learned about the cause of unworthiness, but no later than before the expiry of three years from the opening of the fall.

Article. 930 [Forgiveness] § 1. Heir cannot be considered unworthy, if the testator has forgiven him.

§ 2. If, at the time of forgiveness the testator had no legal capacity, forgiveness is effective when there has been sufficient understanding.

TITLE II statutory Inheritance Article. 931 [inheritance of spouse and descendants] § 1. In the first place are called the law to drop the children of the testator and his spouse; they inherit in equal shares. However, some per spouse may not be less than one-fourth of the total decline.

§ 2. If the child of the testator has not survived the opening drop, declining share, which fell to him, his children in equal shares. This provision shall apply mutatis mutandis to further descendants.

Article. 932. [spouse's Inheritance in the confluence with parents] § 1. In the absence of descendants of the testator are called to drop the Act his spouse and parents.

§ 2. Declining share of each parent, that inherits from the confluence with the spouse of the testator, is one-quarter of the total decline. If paternity has not been established, the parent's share of succession the testator's mother, inheriting in confluence with his spouse, is half of the decline.

§ 3. In the absence of descendants and spouse of the testator, the entire decline is attributable to his parents in equal shares.

§ 4. If one of the parents of the testator has not survived the opening drop, declining share, which fell to him, brothers and sisters of the testator in equal shares.

§ 5. If any of the siblings of the testator not survived open drop leaving descendants, declining share, which fell to him, is his descendant. The Division of this share shall follow the rules that apply to the division between further descendants of the testator.

§ 6. If one of the parents does not survived open and there is a lack of siblings of the testator or their descendants, the declining share of a parent that is inheriting in confluence with the spouse of the testator is half of the decline.

Article. 933. [declining share of spouse] § 1. Declining share of the spouse who inherits in confluence with the parents, siblings and descendants of siblings of the testator, is half of the decline.

§ 2. In the absence of descendants of the testator, his or her parents, siblings and their descendants, the entire decrease is attributable to the spouse of the testator.

Article. 934. [Inheritance by the grandparents of the testator] § 1. In the absence of descendants, spouse, parents, siblings and descendants of siblings of the testator full drop is grandparents of the testator; they inherit in equal shares.

§ 2. If any of the grandparents of the testator has not survived the opening drop, declining share, which fell to him, is his descendant. The Division of this share shall follow the rules that apply to the Division of inheritance between the descendants of the testator.

§ 3. In the absence of descendants of grandparents who did not live to see the opening drop, declining share, which fell to him, is attributable to the other grandparents in equal shares.

Article. 9341. [Inheritance by the spouse of the testator] in the absence of the spouse of the testator and relatives called to the Inheritance Act, the decrease is in equal parts the children spouse of the testator, which neither of the parents survived the opening fall.

Article. 935. [Inheritance by the State] in the absence of the spouse of the testator, his relatives and children of the spouse of the testator, the Inheritance Act, the decrease in falls County last residence of the testator as statutory heirs. If the decedent's last residence in the Republic of Poland, it is impossible to determine or last place of residence of the testator was abroad, the decline has reverted to the State as the heirs of the counsel.

Article. 9351. [Separation] Provisions to appoint to the inheritance of the Act shall not apply to the spouse of the testator in the separation.

Article. 936. [Inheritance adopted (adoption full)] § 1. Adoptee inherits from the adopter and his relatives as if it were a child of the adoptive parent and the adoptive and his relatives to inherit after the adopted child as if the adoptive parent was adopted.

§ 2. Adoptee does not inherit from its preliminary natural and their relatives, and they do not inherit from it.

§ 3. In the case when one of the spouses has prepared a child of the other spouse, the provision of paragraph 2 shall not apply to the spouse and his relatives, and if such adoption took place after the death of the other parent of the adopted, also in relation to the relatives of the deceased, whose rights and obligations arising from a family relationship were in the adoption decision.

Article. 937. [Inheritance adopted (adoption incomplete)] if the effects of the adoption are only of the relationship between the adopter and the adopted child, the provisions of the following: 1) adoptee inherits from the adopter on an equal footing with his children, and adopted descendants inherit the adopter on the same footing as downstream descendants of the testator;

2) adoptee and his descendants did not inherit after relatives of the adoptive parent and the adoptive parent's relatives do not inherit after the adopted child and its descendants;

3) parents of the adopted do not inherit after the adopted child, and instead of them inherit from the adoptee adoptive; Besides, adoption does not affect inheritance resulting from the relationship.

Article. 938. [Grandparents deceased] decedent's Grandparents, if they are in scarcity and cannot receive funds owed to them from the people of pregnancy in relation to the statutory maintenance obligation, may require the heirs of unladen this obligation of means of subsistence in relation to their needs and to the value of his share of the inheritance. An heir may satisfy the ago claim also in this way that pay grandparents the testator amount of money corresponding to the value of the one fourth part of their share to the succession.


Article. 939. [household Items] § 1. A spouse inheriting from Bill in confluence with the other heirs, except descendants of the testator, who lived together with him at the time of his death, may request from the decline of more than its share of declining household items, from which the life of the testator used together with it or only yourself. To claim the spouse shall apply mutatis mutandis the provisions of ordinary notation.

§ 2. The permission above does not have a spouse, if the spouse of the testator during his lifetime came to communal life.

Article. 940. [divorce or separation] § 1. A spouse is excluded from the inheritance, if the testator has applied for judgment of divorce or separation from his guilt, and this request was justified.

§ 2. Exclusion of the spouse from the inheritance is by a decision of the Court. The exclusion may require each of the other statutory heirs called to the inheritance in the confluence with the spouse; the time limit for bringing a court action is six months from the date on which the heir he learned about the opening of the inheritance, but not more than one year since the opening of the fall.

TITLE III of the Regulation in the event of death and Testament chapter I General provisions Art. 941. [Testament] Rozrządzić assets in the event of death only by testament.

Article. 942. [prohibition of joint wills] Testament may contain an appointment of only one of the testator.

Article. 943. [Reference Testament] the testator may at any time revoke both whole testament and its individual provisions.

Article. 944. [Ability testing] § 1. Draw up and revoke a will can only a person with full legal capacity.

§ 2. Testament cannot make or revoke by the representative.

Article. 945. [the invalidity of the Testament] § 1. A will is invalid if it has been drawn up: 1) able to exclude conscious or free to take decision and expression of will;

2) under the influence of an error justifying the assumption that, if the testator was not under the influence of error, not sporządziłby will this content;

3) influenced by threats.

§ 2. On the invalidity of a will for these reasons cannot be invoked after the expiration of three years from the date on which the person with this interest became aware of the reason for the annulment, and in any event after the expiration of ten years from the opening of the fall.

Article. 946. [ways to revocation of a will] the appeal will likely to occur or that the testator shall draw up the new testament or in such a way that the intention to appeal a will destroy or deprive qualities, which depends on its validity, or Finally, in the way that the will in Testament change, which will appeal to its provisions.

Article. 947. [new testament] If the testator wrote the new testament without selecting that previous references, are subject to appeal only the provisions of the preceding Testament, which cannot be reconciled with the wording of the New Testament.

Article. 948. [interpretation of the Testament] § 1. A will should be translated, in order to provide you with the most complete realization of the will of the testator.

§ 2. If a will can be translated variously, this interpretation should be adopted that allows you to keep an appointment of the testator in power and give them a reasonable content.

Chapter II Form Testament Branch 1 Wills the usual Article. 949. [Testament handwritten] § 1. The testator may make a will in this way, that write it entirely by hand, sign, and make a date.

§ 2. However, the lack of a date does not entail the invalidity of the will of the personal, if no doubts as to the capacity of the testator to make a will, the content of the will or as to the relationship of several wills.

Article. 950. [notarial] Testament can be drawn up in the form of a notarial deed.

Article. 951. [Testament official] § 1. The testator may make a will also in this way that in the presence of two witnesses declares his last will orally to Mayor (Mayor, Mayor of the city), Starosta, Marshal of the clerk of the county or municipality or the head of the registry office.

§ 2. Declaration of the testator writes down in the minutes of the date of its preparation. The Protocol is read the testator in the presence of witnesses. The Protocol should be signed by the testator, by the person to whom the will was oświadczona, and by witnesses. If the testator is unable to sign the Protocol, this should be noted in the minutes, with an indication of the reasons for the lack of a signature.

§ 3. People who are deaf or mute may not draw up a testament in manner provided for in this article.

Branch 2 Wills special Article. 952. [Testament oral] § 1. If there is concern the imminent death of the testator, or if as a result of the particular circumstances of the behavior of the ordinary form of the will is impossible or very difficult, the testator may declare last will orally together with the presence of at least three witnesses.

§ 2. The content of the oral Testament can be found in the way that one of the witnesses or the third party will write down a statement of the testator within one year of its submission, giving the place and the date of the statement and the places and dates of draw up the letter, and the letter will sign the testator and two witness or all witnesses.

§ 3. In the event that the content of the oral Testament was not in this way, it can be determined within six months from the date of the opening of the decline noted by the consistent testimony of witnesses made before the Court. If the hearing of one of the witnesses is not possible or encounters hard to overcome obstacles, the Court may settle for consistent testimonies of two witnesses.

Article. 953 [Testament traveller] during a trip on the Polish ship sea or air can make a will before the Commander of the vessel or his Deputy in the way that the testator declares its will to the Commander of the ship or his Deputy in the presence of two witnesses; the Commander of the vessel or his Deputy writes down the will of the testator, indicating the date of its writing, and writing it in the presence of witnesses, the testator shall sign the letter and then reads the testator, witnesses and the Commander of the vessel or his Deputy. If the testator is unable to sign the letter, in writing, provide the reason for the lack of the signature of the testator. If this form is not possible, you can make a will orally.


Article. 954. [Testament military] particular form of wills the military will determine the regulation of the Minister of national defence issued in consultation with the Minister of Justice.

Article. 955. [loss of power will special] Testament special expires with the expiry of six months from the termination of the circumstances which justified the failure to form of the will, unless the testator died before the expiry of that period. The time-limit shall be suspended for the time during which the testator has not possible make a will.

Branch 3 provisions common to wills and the specific Article. 956. [Inability being witness] cannot be a witness when drawing up Testament: 1) who does not have full legal capacity;

2) blind, deaf or dumb;

3) who cannot read and write;

4) who does not speaks, in which the testator shall draw up a testament;

5) condemned legally in a court judgment for false testimony.

Article. 957 [Benefit for a witness] § 1. Cannot be a witness when drawing up the Testament, the person for whom the Testament was provided for any advantage. There may also be witnesses: the spouse of that person, her relatives or kin first and second degree, and people with it in respect of adoption.

§ 2. If the witness was one of the persons mentioned in the preceding paragraph, the void is the only provision that confers a benefit to that person, the spouse, relative or kin of the first or second degree or remaining with it in respect of adoption. However, when the content of the will or of the circumstances shows that without the invalid provisions the testator does not sporządziłby will the content, void is all testament.

Article. 958. [the invalidity of the Testament] Testament drawn up in breach of the provisions of this chapter is void, unless these rules provide otherwise.

SECTION II establishment of the heirs of the Article. 959. [the appointment of heirs] the testator can appoint to all or part of the decline in one or a few people.

Article. 960. [Inheritance in equal shares] If the testator referred to drop or to designated parts of the decline of several heirs, not specifying their shares in wills, inherit in equal shares.

Article. 961. [Regulation marked items] If the testator gave a marked person in the testament of individual items property, which cover almost all of the decline, the person this imputed in cases of doubt, not for zapisobiercę, but for the heir for the entire decline. If such regulation testamentowe was made on behalf of several persons, they imputed in cases of doubt, for the call to the entire inheritance in fractions corresponding to the ratio between the values intended for them.

Article. 962. [Establishment subject to a condition or term] Disclaimer a condition or term, made the appointment of heirs of Testament background, is considered to be non-existent. However, if the content of the will or of the circumstances shows that without such reservations heir would not be appointed, the appointment of heirs is void. These provisions shall not apply if the fulfilment must or nieziszczenie is the condition or the arrival of the term occurred before the opening of the fall.

Article. 963. [ordinary Substitution] may be invoked where there is heir in case the other person appointed as heir to the statutory or testamentowy did not want to or could not be the heir (substitution).

Article. 964. [substitution of fiduciary] order of the Testament, by which the testator committed heir to preserve acquired and to leave it to someone else, only has the consequence that this other person is called upon to drop in case the heir did not want or could not be the heir. However, if the content of the will or of the circumstances shows that the heir without such a limitation would not be appointed, the appointment of heirs is void.

Article. 965. [Gain] If the testator has appointed several heirs testamentary dispositions, and one of them does not want to or could not be the heir, for his part, in the absence of a different will of the testator, is attributable to the other heirs of testamentowym in relation to per the shares (increase).

Article. 966. [Grandparents heirs] When by will drop a further statutory maintenance obligation nieobciążonemu heirs with respect to the testator's grandparents, grandparents, if they are in lack and may not receive the means of subsistence of the people of pregnancy a statutory maintenance obligation, may request from the heirs of the means of subsistence in relation to their needs and to the value of his share of the inheritance. An heir may satisfy the ago claim also in this way that pay grandparents the testator sum of money corresponding to the value of the one fourth part of his share of the inheritance.

Article. 967. [Execution notations and commands] section 1. If the person appointed as the heir of testamentowy do not want to or can not be heir, inheritor of the statutory, which was designed for the person declining share, must, in the absence of a different will of the testator, do the aggravating this person records, commands and other regulation of the testator.

§ 2. The above provision shall apply mutatis mutandis to the heir to the heir and Manchester, which is part of succession of growth.

DIVISION III record and the command Section and write a normal Article. 968. [bequest] § 1. The testator may by regulation require the testamentowe heir or where there is to meet a specific provision of the property for the benefit of the designated person (plain).

§ 2. The testator may charge entry ordinary also zapisobiercę (further).

Article. 969. (repealed) Article. 970. [Execution record] in the absence of a different will the testator zapisobierca may require the implementation of write immediately after the announcement. However, the zapisobierca charged further record may refrain from its execution until the implementation of the recording by the heir.

Article. 971. [a record of abusive few heirs] If the decline is attributable to several heirs, the strain on their relative to the size of their inheritance shares, unless the testator has decided otherwise. This provision shall apply mutatis mutandis to continue to write.

Article. 972. [the application of the provisions concerning records] Provisions to appoint heirs, with the capacity to inherit and unworthiness shall apply mutatis mutandis to the records.


Article. 973. [execution of further writing] if the person to whom the record has been made, does not want to or can not be zapisobiercą, charged a record is released from the obligation to execute it, should, however, in the absence of a different will the testator further entries.

Article. 974. [exemption from further writing] Zapisobierca charged the duty to perform further write may exempt from this obligation also in this way that will charge for further zapisobiercy transfer of rights derived from the title entry or transfer claims about its execution.

Article. 975. [Disclaimer a condition and the term] Record may be made subject, or subject to the deadline.

Article. 976. [ineffectiveness of record] in the absence of a different will the testator writing things marked as to the identity of the is ineffective, if the thing saved does not belong to the decline at the time of its opening, or if the deceased was at the time of his death shall be obliged to dispose of this stuff.

Article. 977. [Supplementary Claim] if the subject is to marked as to identity, to claim zapisobiercy of remuneration for the use of the things, for refund of benefits or for payment of their value, as well as to the claims of the laden entry about payback for shall apply mutatis mutandis the provisions of claim between the owner and holder of the essential things.

Article. 978. [liability for defects the things marked with individually] if the subject is to marked as to the identity of, the loaded record be liable to zapisobiercy responsibility for defects in things like the donor.

Article. 979. [the quality of the things marked as to species] if the subject write are things marked only as to species, charged should provide things the average quality, taking into account the needs of zapisobiercy.

Article. 980. [liability for defects the things marked as to species] if the subject write are things marked only as to the species, to the liability of the heavily loaded relative to the zapisobiercy for physical defects and legal stuff shall apply mutatis mutandis the provisions of the warranty on the sale. However, zapisobierca may require the laden entry only compensation for improper performance record or deliver instead of things the same stuff-free species defect defect and repair the damage caused by the delay.

Article. 981. [limitation of claims in respect of writing] write claims are subject to the expiry of five years from the date of maturity of the record.

Chapter II Entry credit management Article. 9811. [a record of credit management] § 1. In his will drawn up in the form of a notarial deed the testator may decide that marked the person acquires the subject to write upon the opening of the decline (credit management).

§ 2. The subject of the record collections can be: 1) to the marked as to the identity;

2) transferable right to property;

3) business or farm;

4) establishment for zapisobiercy of use or servitude.

Article. 9812. [Futility record company:] transcript of credit management is ineffective, if the opening drop item entry does not belong to the testator or the deceased was liable to its disposal. If the subject is the establishment of zapisobiercy of use or servitude, the entry is void if, at the time of opening assets drop, which was to be charged with the use or easement should not to drop or the deceased was liable to its disposal.

Article. 9813. [Disclaimer a condition or term] § 1. Disclaimer a condition or term made in establishing the record collections shall be deemed to be non-existent. However, if the content of the will or of the circumstances shows that without such reservations record would not be made, credit management entry is invalid. These provisions shall not apply if the fulfilment must or nieziszczenie is the condition or the arrival of the term occurred before the opening of the fall.

§ 2. Credit management entry invalid due to the reservation of a condition or term effects write plain made subject, or subject to the appointment, unless otherwise follows from the content of the will or the circumstances.

Article. 9814. [Load record ordinary] the testator may charge entry ordinary person, to whom he made a record of credit management.

Article. 9815. [the application of the provisions of the debt collection notation] Provisions to appoint heirs, acceptance and rejection, with the capacity to inherit and unworthiness shall apply mutatis mutandis to the collection records.

Article. 9816. [the provisions of ordinary notation] in matters not regulated by this chapter and by the provisions specific to write recovery shall apply mutatis mutandis the provisions of ordinary notation.

Chapter III Command Article. 982. [command] the testator in his will can insert the heir or zapisobiercę duty marked an act or omission, not making one creditor (command).

Article. 983. [command aggravating zapisobiercę] Zapisobierca under heavy load command may refrain from its execution until the implementation of the recording by the heir. This provision shall apply mutatis mutandis in the case, when the burden of further zapisobiercę.

Article. 984. [execution of the command by the heir instead of zapisobiercy] if the person to whom the record has been made with the obligation to execute the command, do not want to or can not be zapisobiercą, heir to exempt from the obligation to perform write should, in the absence of a different will the testator command execute. This provision shall apply mutatis mutandis in the case, when the burden of further zapisobiercę.

Article. 985. [Request command] command execution may require each of the heirs, as well as executor unless the command is only to the benefit of the laden command. If the command has regard to the public interest, the command may require also the competent authority of the State.

SECTION IV of the executor of the Article. 986. [the appointment of an executor] § 1. Testator in his will may appoint a contractor or contractors.

§ 2. May not be the executor, who does not have full legal capacity.

Article. 9861. [the appointment of an executor of the Board fall in] the testator can appoint executor to exercise the Board decline, its organised part of the or the named component.

Article. 987. [Denial of being a performer] If the person appointed as the executor does not want to assume this obligation consists of the appropriate declaration before the Court or a notary.


Article. 988. [obligations and rights of performers] § 1. If the testator has not decided otherwise, the executor should manage the assets of the succession, to pay off debts of inheritance, and in particular to perform the usual entries and commands, and then spend the heirs of the estate of the testator in accordance with the will of the succession and the law, and in any event immediately after the distribution of the estate.

§ 2. Executor can sue and be referred on matters arising from the decline in its organised part of the or the named component. Might also sue in cases of rights belonging to drop and be sued in cases of long.

§ 3. Executor should give the person to whom the credit management entry has been made, the subject of this entry.

Article. 989. [Mutual claims between the heir and executor] § 1. To reciprocal claims between the heir and executor arising from the exercise of the Board decline, its organised part of the or the named component shall apply mutatis mutandis the provisions of order for remuneration.

§ 2. Administrative expenses of the estate succession, its organized part of or designated component and the remuneration of an executor are to the debts of the succession.

Article. 990. [Release by the Court] for important reasons, the Court may exempt the executor.

Article. 9901. [the exercise of the Board subject to write recovery] the testator can appoint executor to exercise the Management Board subject to write recovery, until the cover the possession of this item by the person to whom the credit management entry has been made.

TITLE IV the reserved portion Article. 991. [entitled to the reserved portion] § 1. Descendant, spouse and parents of the testator, who would be called upon to drop the law, belong to, if it is permanently unable to work or if a descending minor is entitled – two-thirds of the value of succession, which to him was by inheritance laws, in others cases – half of the value of the share (reserved portion).

§ 2. If not received due to his reserved portion or as made by the testator donations, or in the form of appointment to drop, or in the form of writing, is against the heirs of the claim for payment of a sum of money needed to cover the reserved portion or to its complement.

Article. 992. [basis for the calculation of the reserved portion] in determining the share of the inheritance which is the basis for the calculation of the reserved portion is taken into account also the heirs of the unworthy and the heirs, who had rejected the drop, however, no account shall be taken of the heirs, who renounced the inheritance or were both disinherited.

Article. 993. [Addition donations and collection records] for the calculation of the reserved portion of the estate shall not be taken into account entries and commands, and be added to the decline, according to the following rules, donations and collection entries made by the testator.

Article. 994. [the omission of certain donations] § 1. In the calculation of the reserved portion will not be added to the decline of small donations, usually in the data relations adopted or made before more than ten years ago, counting back from the opening of the inheritance, donations to non-heirs or entitled to the reserved portion.

§ 2. In the calculation of the reserved portion of descendant not be added to a decline in donations made by the testator at the time when he had no descendants. However, this does not apply if the donation was made in less than 300 days before the birth of a descending line.

§ 3. In the calculation of the reserved portion of the spouse shall not be added to the drop in donations that the testator had made prior to the conclusion of marriage with him.

Article. 995. [the value of the donation and write recovery] § 1. The value of the donation is given by the State from the time of its making, and at the time of the determination of the reserved portion.

§ 2. The value of the write recovery calculated according to the State from the opening drop, and at the time of the determination of the reserved portion.

Article. 996. [Passing record collections and donations to the reserved portion] write credit management and a donation made by the testator to entitled to the reserved portion shall due him the reserved portion. If entitled to the reserved portion is further a descending of the testator, shall due him reserved portion also record credit management and a donation made by the testator to his.

Article. 997. [Passing the cost of education] If entitled to the reserved portion is a lineal descendant of the testator, shall due him reserved portion by the testator incurred the costs of education and General and vocational education, in so far as these costs exceed the average as far as adopted in your environment.

Article. 998. [Liability of the reserved portion for entries and commands] section 1. If the reserved portion is called inheritance, you are responsible command and writes only to the amount of surplus in excess of the value of the share of inheritance, which is the basis for calculating payable to the holder of the reserved portion.

§ 2. The above provision shall apply mutatis mutandis in cases where the bequest in favour of the reserved portion is charged to continue recording or or made subject to or subject to the deadline.

Article. 999. [limitation of liability the heirs for the reserved portion] If the heir shall pay the reserved portion is entitled to the reserved portion, its liability is limited only to the amount of surplus exceeding its own reserved portion.

Article. 9991. [liability of the deceased] § 1. If not, you may receive from the heirs of his reserved portion, he or she may require the person to whom the record has been made credit management added to the decline, a sum of money needed to replenish the reserved portion. However, this person is obliged to pay this sum only within the limits of enrichment as a result of write vindication.

§ 2. If the person to whom the credit management entry has been made, is entitled to the reserved portion, it bears the responsibility to other persons entitled to the reserved portion only to the amount of surplus exceeding its own reserved portion.

§ 3. The person to whom the credit management entry has been made, may exempt from the obligation to pay the sum needed to supplement the reserved portion by the subject of the record.


§ 4. If the testator has made recovery records for several people, their liability to the reserved portion is joint and several. If one of the people for whom you have made recovery records, met the provision entitled to the reserved portion, it may demand from the rest of the people part of the benefits proportionate to the value of the received entries in the collection.

Article. 1000. [Responsibility endowed by the reserved portion] § 1. If not, you may receive due to his reserved portion from the heirs or the person to whom the credit management entry has been made, it may require from the person who has received from the testator donation buyer to drop, a sum of money needed to replenish the reserved portion. However, the donor is obliged to pay this sum only within the limits of enrichment as a result of donations.

§ 2. If the donor is himself entitled to the reserved portion, it bears the responsibility to other persons entitled to the reserved portion only to the amount of surplus exceeding its own reserved portion.

§ 3. The donor may exempt from the obligation to pay the sum needed to supplement the reserved portion by the issue item donations.

Article. 1001. [Establishing the primacy of the responsibility of several endowed] out of several endowed blessed previously shall be liable according to the provisions of the preceding article only if entitled to the reserved portion may not get the supplement of the reserved portion from a person who has been the recipient at a later time.

Article. 1002. [Inheritance claims in respect of the reserved portion] claim for the reserved portion goes to the heir of the person entitled to the reserved portion only, when the heir of the persons entitled to the reserved portion after the first of the testator.

Article. 1003. [reduction of entries and commands] Heirs shall be required to satisfy a claim in respect of the reserved portion may require the relative reduction of the usual entries and commands.

Article. 1004. [Rules of reducing] § 1. Reducing the entries and commands the following in relation to their value, unless it is apparent from the wording of the Testament different will of the testator.

§ 2. If you reduce write plain laden further entry or, further recording or is subject to stosunkowemu.

Article. 1005. [powers of heirs and zapisobiercy entitled to the reserved portion] § 1. If the heir obliged to satisfaction of the claim in respect of the reserved portion alone is entitled to the reserved portion, he or she may request a reduction of the usual entries and commands to the extent that remained his own reserved portion.

§ 2. If zapisobierca itself is entitled to the reserved portion, bequest made on his behalf shall be reduced only to the amount of surplus exceeding its own reserved portion.

Article. 1006. [powers of heirs and zapisobiercy entitled to the reserved portion] If the reduction is subject to the bequest, which the subject cannot be divided without material change or without a significant reduction in values, zapisobierca may require complete execution recording, by paying the appropriate amount of money.

Article. 1007. [limitation of claims] § 1. The claim of the holder of the title of the reserved portion and the claims of heirs to reduce the records of ordinary and barred at the end of the five years since the announcement.

§ 2. The claim against the person draw the attention to the supplement of the reserved portion of received from the testator write collections or donations are subject to the expiry of the five years since the opening of the fall.

Article. 1008 [Disinherit] Testator in his will may deprive descendants, spouse and parents of the reserved portion (in mirror-image cursive), if the reserved portion: 1) against the will of the testator shall proceed persistently in a manner contrary to the rules of social conduct;

2) has committed to the testator or one of the closest people to him of intentional crimes against the life, health or freedom or blatant images honor;

3) persistently fails to fulfil the terms of the testator of family responsibilities.

Article. 1009. [cause for disinheritance] Cause disinheritance of the reserved portion should derive from the content.

Article. 1010. [Forgiveness] § 1. The testator may not disinherit entitled to the reserved portion, if you forgive him.

§ 2. If, at the time of forgiveness the testator had no legal capacity, forgiveness is effective when there has been sufficient understanding.

Article. 1011 [Descendants wydziedziczonego descendant] Descendants wydziedziczonego lineal ascendant are entitled to the reserved portion, even if he had survived the testator.

Title V of the Acceptance and rejection of inheritance Article. 1012. [Ways of acceptance, rejection of decline] Heir may accept or decline without the limitations of liability for the debts (the adoption of simple), or take the fall with the restriction of this responsibility (adoption with boon livestock), or fall.

Article. 1013. (repealed) Article. 1014. [acceptance of partial] § 1. Acceptance or rejection of the inheritance share attributable to the heirs of substitution can occur regardless of the acceptance or rejection of the share of the inheritance, which allows the heirs of the falls with another title.

§ 2. Heir may reject the inheritance share attributable to him in respect of the increment, and accept the share as heirs of the set up.

§ 3. Except as provided in the paragraphs preceding the heir may not decline partially accept, and reject.

Article. 1015. [date Declaration of acceptance or rejection of the fall] § 1. A statement of acceptance or rejection of a drop can be filed within six months from the date on which the heir he learned about the title of his vocation.

§ 2. The lack of heirs of the claim within the period specified in § 1 is unambiguous with the adoption of the decline of the boon.

Article. 1016. (repealed) Article. 1017. [Transmission] if, before the expiry of the deadline to submit a letter of acceptance or rejection of a fall heir died not having made such a declaration, a declaration of acceptance or rejection of a drop can be filed by his heirs. The deadline for submission of the Declaration cannot end earlier than the deadline to make a statement as to the estate of the deceased heirs.

Article. 1018. [Declaration of acceptance or rejection of decline] § 1. A statement of acceptance or rejection of a decline in the complex provided or subject to the time limit is invalid.

§ 2. A statement of acceptance or rejection of the decline cannot be revoked.


§ 3. A statement of acceptance or rejection of a drop consists of before a court or before a notary. They can be submitted either orally or in writing with a signature officially certified. The power of attorney to make a statement about the acceptance or rejection of the decline should be written with the signature officially certified.

Article. 1019. [make a statement for the mistake or threat of] § 1. If the statement of acceptance or rejection of a drop has been made under the influence of an error or threats, the provisions of the disadvantages of declarations of intent with the following amendments: 1) the repeal of the legal consequences of the statements should take place before a court;

2) the heir should declare whether and how the decrease in accepts or rejects.

§ 2. Successor, who under the influence of an error or threats has not submitted any claims within the period may in this way avoid the legal consequences of your failure to date.

§ 3. Set aside from the legal effects of the Declaration of acceptance or rejection of drop requires court approval.

Article. 1020. [effect of rejection of decline] Heir who fall rejected, is excluded from the inheritance, so if they did not live to see the opening.

Article. 1021. [the application of the provisions on the conduct of the Affairs of another without order] If heir to manage decline, then rejected it, relations between him and the heirs, who instead come to the estate, shall apply mutatis mutandis the provisions of the conduct of affairs without the order.

Article. 1022. [Appointment to drop with various titles] Heir appointed to drop both the power of will, and under the Act can rejected as fall heir to testamentowy and take the fall as the legal heir.

Article. 1023. [acceptance of inheritance by the Treasury] § 1. The State Treasury or municipality may not reject the drop, which I fell under the law.

§ 2. The State Treasury or municipality does not make the Declaration of acceptance of the decline and fall is considered to have been adopted with the boon.

Article. 1024. [protection for creditors, heirs] § 1. If the heir has rejected the decrease in detrimental to creditors, each of the creditors whose debt existed at the time of the rejection, may require in order to reject the decline was considered ineffective in relation to it under the provisions for the protection of creditors in the event of the insolvency of the debtor.

§ 2. Recognition of rejection of the decline of the ineffective can be claimed within six months from the time of receiving the news of the rejection of decline, but not later than within three years from the date of rejection.

TITLE VI Statement acquisition of inheritance or object write vindication, certificate of inheritance and heirs of protection Art. 1025. [statement of acquisition of inheritance] § 1. The Court at the request of the person in the interest of the notes the acquisition of inheritance by the heir. A notary on the principles set out in the provisions of a separate Act shall be drawn up the credentials of the inheritance.

§ 2. It shall be presumed that a person who has obtained a declaration of acquisition of decline or certificate of inheritance, is heir to.

§ 3. Against the presumption resulting from finding acquisition of inheritance, you cannot rely on the presumption arising from a registered Act of the credentials of the inheritance.

Article. 1026. [the term determine acquisition of inheritance] Statement acquisition of inheritance and certificate of inheritance may not take place before the expiry of six months from the opening of the inheritance, unless all known heirs have already submitted the Declaration of acceptance or rejection.

Article. 1027. [to prove the rights of inheritance] relative to the third party that does not claim any rights to decline due to inheritance, an heir may prove their inheritance rights only statement acquisition of inheritance or a registered Act of the credentials of the inheritance.

Article. 1028. [protection of third parties] If the one who has obtained a statement acquisition of inheritance or certificate of inheritance, but the heir is not, responsible for the law that is to drop to a third party, the person to whom the regulation is entitled or is exempted from the obligation, unless the acts in bad faith.

Article. 1029. [protection of inheritance] § 1. An heir may demand that the person who he is falling as the heir, but the heir is not released him. The same applies to individual items belonging to the estate.

§ 2. The claims of the heirs of the remuneration for the use of items belonging to drop, for the reimbursement of benefits or for payment of their value, as well as damages due to wear, deterioration or loss of these items and to claims against the heirs of reimbursement shall apply mutatis mutandis the provisions of claim between the owner and holder of the essential things.

§ 3. The above provisions shall apply mutatis mutandis in cases where the requesting release its assets the person which was repealed a ruling to declare it dead.

Article. 10291. [the application of the provisions of the Act] the provisions of this title shall apply mutatis mutandis to the determination of the acquisition of the subject write a vindication.

TITLE VII Liability for the debts of the succession Article. 1030 [responsibility for the debts of the estate] until fall heir is liable for debts of inheritance only. From the time of acceptance of the inheritance shall be liable for these debts with all your assets.

Article. 1031. [acceptance of inheritance directly and with boon inventory] § 1. In the case of simple adoption fall heir is liable for debts of inheritance without restrictions.

§ 2. In the event of the adoption of the drop with a boon of livestock heir shall be liable for the debts of the estate only to the values set in the list of inventory, or inventory status active. The foregoing limitation of liability is eliminated, if the heir of fraudulently omitted in the list of inventory or deceitfully not gave to inventory items belonging to drop or the items collection records or insidiously has included in its list of inventory or insidiously gave to inventory non-existent debts.

Article. 10311. [the right of deposit inventory] § 1. The heir, who took the fall with boon inventory, zapisobierca credit management or executor may lodge in court or before a notary list of inventory. List of inventory folded before a notary shall be subject to the Protocol.

§ 2. List of inventory may be filed jointly by more than one heir, zapisobiercę of vindication or executor.


§ 3. In the list of inventory with due diligence revealed items belonging to drop and recovery records, with their value to the State and prices from the opening drop, as well as a long succession and their height according to the State of the opening of the estate.

§ 4. In the event of disclosure after the submission of the inventory items belonging to drop items collection records or probate inventory list skipped debts made up the list of supplements it. To supplement the list of the provisions concerning the submission of inventory.

Article. 10312. [Pattern inventory] § 1. A list of the inventory submitted in court shall be made according to a fixed formula.

§ 2. The Minister of Justice shall determine by regulation: 1) inventory including: a) the data referred to in article 1. 10311 § 3 (b)) first and last name, General Electronic population register (PESEL), if it was given, and the last address of the testator, c) your first and last name, social security number or the number in the national court register, and, in the case of his absence, the number in the applicable registry, records or tax identification number (Tin), if it was given, and the address of the applicant in the list of inventory, d) Letter comprising a list of inventory as to the obligation to supplement in the cases referred to in the article. 10311 § 4 – whereas the inclusion of the data necessary to determine the State of the active decline and the standardisation of the data contained in the list;

2) how to make prints the pattern inventory whereas the acceleration of the succession.

Article. 10313. [the repayment of the debts of the estate in accordance with a complex list of inventory] § 1. The heir, who has submitted a list of inventory repays a long succession in accordance with a complex list. Not, however, obscure the lack of knowledge of the inventory offered by another heir, zapisobiercę of vindication or executor.

§ 2. From the moment of drawing up the inventory heir repays a long succession in accordance with the established list.

§ 3. The provisions of paragraph 1 and 2 shall apply mutatis mutandis to the legatees collection and executors.

Article. 10314. [obligation to the creditor, who requested the preparation of inventory] creditor who has requested to draw up inventories, may not refuse to accept of it benefits, even if the debt was not yet due.

Article. 1032. [liability of heirs for unconsciously or consciously unpaid debts of inheritance] § 1. The heir, who took the fall with a boon of inventory and paid off some debts of inheritance, and did not know, and by making due diligence could not know of the existence of other debts, probate, shall be liable for unpaid debts of inheritance only to the amount of the difference between the value of the active state of decline and the value of the benefits observed for the satisfaction of debts in wills, which paid off.

§ 2. The heir, who took the fall with a boon of inventory and paying off some debts, succession, knew, or by displaying the due diligence to find out about the existence of other debts, probate, shall be liable for these debts over the active status value decline, however, only to the extent that would be required to meet them, if "duly all debts. This does not apply to heirs without full legal capacity and the heirs, as to which there is a basis to his incapacitation.

Article. 1033. [responsibility for records and commands] the liability of the heir with the title entries and commands is limited to the value of the status active.

Article. 1034. [joint and several liability of heirs] § 1. Until the distribution of the estate heirs shall bear joint and several liability for debts. If one of the heirs has met the performance, he may claim the refund from the other heirs in parts that correspond to the amount of their shares.

§ 2. Since the distribution of the estate heirs are liable for the debts of the succession in relation to the size of the stake.

Article. 10341. [Responsibility for the debts of the succession until the distribution of the estate] § 1. Until the distribution of the estate with the heirs of joint and several liability for debts of inheritance shall be borne by the persons for whom the testator has made recovery records.

§ 2. The settlement between the heirs and the people for whom you have made recovery records, followed by in proportion to the value received by these providers. The heirs of account shall be taken of their share in the value of the fixed list inventory or inventory status active.

Article. 10342. [Responsibility for the debts of the succession from the time of distribution of the estate] from the time of distribution of the estate and heirs of the person for whom you have made recovery records, bear responsibility for the debts of the estate in proportion to the value received by these providers.

Article. 10343. [the responsibility of the person in whose favor was made a record of credit management] the responsibility of the person in whose favor was made a record of credit management for the debts of the estate, is limited to the value of the subject write recovery as and when prices fall.

TITLE VIII of the commonality of the assets of the succession and inheritance Article. 1035. [joint ownership in fractional parts] If the decline is attributable to several heirs, the commonality of the assets of the succession and for the distribution of the estate shall apply mutatis mutandis the provisions of co-ownership in fractions with the behavior of this title.

Article. 1036. [Regulation involving the succession] Heir may with the consent of the other heirs to suit involving the belonging to the estate. In the absence of the consent of any of the other heirs of the regulation is ineffective as far as would violate the privileges of ago heirs under the provisions of section.

Article. 1037. [Section drop] § 1. The Department may be a drop or by agreement between all the heirs, or by a decision of the Court at the request of any of the heirs.

§ 2. If the drop should be property, the Department should be included in the form of a notarial deed.

Article. 1038 [Department of total and partial] § 1. Judicial Department of the decline should cover the entire decline. However, for important reasons may be limited to part of the inheritance.

§ 2. The contractual Department drop can cover the whole fall or be limited to part of the inheritance.


Article. 1039. [Credit donations to downward schedę] § 1. If in the event of inheritance of the Legal Department of the decline follows between the descendant or between descendants and spouse, heirs are mutually committed to pass on a downward schedę received from the deceased donations and collection records, unless the claims of the testator or of the circumstances shows that the donation or credit management have been made with an exemption from the obligation to pass.

§ 2. The testator can put it to the gift or write a vindication on the downward schedę well as legal heir not listed in the preceding paragraph.

§ 3. Are not subject to the completion of the schedę trend in donations, minor data relations adopted.

Article. 1040 [Donation in excess of the relegation schedę] if the value of the donation or write recovery subject to passing the legacy value exceeds the downtrend, the heir is not obliged to refund the excess. In case this does not take into account the section drop or donation or write collections, or the heirs of the debtor to their credit.

Article. 1041 [Passing donations made further descendant] Further a descending of the testator is obliged to pass on the downward schedę donation and write recovery made by the testator to his.

Article. 1042. [how to pass on a downward schedę] § 1. Passing on the downward schedę shall be carried out in such a way that the value of the gift or collection records subject to passing the charges to drop or to part of the inheritance, which is divided between the heirs of obowiązanych each other to pass, and then calculates a downward schedę each of these heirs, and then each of them shall be set off against its legacy value of donations or write recovery to be complete.

§ 2. The value of the donation is given by the State from the time of its making, and prices at the time distribution of the estate.

§ 21. The value of the write recovery calculated according to the State from the opening drop, and prices at the time of distribution of the estate.

§ 3. The classification on the downward schedę no account shall be taken of the beneficial use of the gift or write a vindication.

Article. 1043. [Passing the cost of upbringing and education] rules on passing donations to downward schedę shall apply mutatis mutandis to the costs incurred by the testator for the descendant of the costs of education and General and vocational education, in so far as these costs exceed the average as far as adopted in your environment.

Article. 1044. [joint ownership object inheritance] at the request of two or more heirs, the Court may separate out the legacy of inheritance, in whole or in part, in such a way that will grant them a subject or certain items belonging to the decline as ownership in certain fractions.

Article. 1045. [the conclusion of the agreement for the Department fall under the influence of error] set aside from the legal consequences of the agreement for the Division of the decline concluded under the influence of the error may occur only when the error related to the facts that the parties consider a definite.

Article. 1046. [Warranty for defects] after the distribution of the estate heirs are mutually obliged to warranty for material defects and legal according to the provisions of the warranty on the sale. Warranty as to the claims of succession extends also the solvency of the debtor.

TITLE IX agreements relating to the decline of the Art. 1047. [prohibition of conclusion of the contract about a future decline in] subject to the exceptions provided for in the title of this agreement on the decline after a person living is void.

Article. 1048. [renunciation of inheritance] legal Heir may by agreement with the next spadkodawcą waive the inheritance after him. Such an agreement should be concluded in the form of a notarial deed.

Article. 1049. [effects of waiver] § 1. Disclaimer of inheritance also includes descendants surrender, unless agreed otherwise.

§ 2. Who resigns shall and his descendants, which includes a waiver of inheritance, shall be excluded from the inheritance, as if not lived to open.

Article. 1050. [Agreement for the waiver waiver of inheritance] Disclaimer of inheritance may be waived by agreement between the who renounced his inheritance, and after whom the inheritance has been completely renounced. The agreement should be concluded in the form of a notarial deed.

Article. 1051. [disposal of decline] Heir, which fall accepted, can decrease the disposed of in whole or in part. The same applies to the disposal of the participation of the succession.

Article. 1052 [binding Agreement to dispose of relegation] § 1. The contract of sale, Exchange, donation, or other binding agreement to dispose of the drop moves fall to the buyer, unless the parties otherwise agreed.

§ 2. If the conclusion of the agreement transferring the decline follows in the implementation of the obligations under previously concluded agreement which commits to dispose of, the validity of the contract transferring the decrease depends on the existence of that obligation.

§ 3. Binding agreement to dispose of the decline should be included in the form of a notarial deed. The same applies to the agreement transferring the drop, which is concluded for the implementation of pre-existing commitments to dispose of the estate.

Article. 1053. [the rights and obligations of the buyer drop] Customer drop joins in the rights and obligations of heirs.

Article. 1054. [Obligations of the vendor drop] § 1. The vendor drop is obliged to issue this, which as a result of the disposal of, loss of or damage to items belonging to drop was obtained in return these items or as a compensation for the damage, and if the disposal of the decline was in return for payment, to compensate for the loss of the value created by wear or regulation charge objects belonging to the estate.

§ 2. The vendor may request from the buyer for the reimbursement of expenses and expenditures made on the decline.

Article. 1055 [responsibility of the buyer drop for long probate] § 1. The buyer of the decline are responsible for long succession in the same range as the vendor. Their liability to creditors is joint and several.

§ 2. In the absence of a different agreement purchaser shall be liable to seller's responsibility that the creditors will not be demanded from the fulfilment of benefits to meet the debts of the succession.

Article. 1056. [Disclaimer of warranty for defects of individual things included in the fall] in the event of disposal fall heir shall not be liable for the warranty for material defects and legal subjects belonging to the estate.


Article. 1057. [Transition benefits and burdens] benefits and burdens associated with items belonging to drop, as well as the risk of accidental loss or damage pass to the purchaser at the moment of the conclusion of the agreement on the disposal, unless agreed otherwise.

Title X special provisions about the inheritance of agricultural holdings Article. 1058. [intestacy farms] to the inheritance law farms covering an area of agricultural land exceeding 1 ha, the provisions of titles prior to this book with changes resulting from the following provisions.

Article. 1059. [Conditions of inheritance] [4], the heirs inherit the farm Act, if, at the time of opening of the drop: 1) work directly with agricultural production or 2) have professional background to carry out agricultural production, or 3) are minor or take vocational training or attend schools, or 4) are permanently unable to work.

Article. 1060 [Inheritance grandchildren testator] [5] within the limits referred to in article 1. 931 § 2 grandchildren of the testator, at the time of opening inheritance shall satisfy the conditions provided for in article 2. 1059 points 1 and 2, inherit the farm, even if their father or mother may not inherit the farm for lack of the conditions provided for in article 4. 1059. This provision shall apply mutatis mutandis to further descendants.

Article. 1061. (repealed) Article. 1062 [Inheritance sibling of the testator] [6] § 1. Siblings of the testator, at the time of opening of the decline corresponds to the conditions provided for in article 2. 1059 points 1 and 2, inherits the farm even if descendants of the testator may not inherit the farm for lack of the conditions provided for in article 4. 1059 or article. 1060. § 2. Within the limits set out in article 1. 934 children siblings of the testator, at the time of opening inheritance shall satisfy the conditions provided for in article 2. 1059 points 1 and 2, inherit the farm, even if their father or mother may not inherit the farm for lack of the conditions provided for in article 4. 1059 or in paragraph 1 of this article. This provision shall apply mutatis mutandis to further descendants.

Article. 1063. [back to inherit on the General rules] where neither the spouse of the testator, nor any of his relatives called to the inheritance of the Act does not correspond to the terms and conditions provided for the succession of the agricultural holding or if entitled to inheritance is only that at the time of the opening of the fall are permanently unable to work, the heirs inherit the farm on general principles.

Article. 1064. [Delegation] [7] the regulation of the Council of Ministers shall determine what professional background is considered professional preparation to engage in agricultural production, as well as cases in which the download of the apprenticeship or school attendance entitles you to farm inheritance, and policies and establish permanent incapacity to work.

Article. 1065. (repealed) Article. 1066. (repealed) Article. 1067. [Record] § 1. For write access, the object of which is a cash benefit, shall apply mutatis mutandis provision art. 216. § 2. If the performance of the recording would lead to the Division of the agricultural holding or the contribution of the agricultural production cooperative in ground, contrary to the principles of sound agricultural economy, the heir must perform write may request the conversion of the subject to write a cash benefit.

Article. 1068. (repealed) Article. 1069. (repealed) Article. 1070. [the Division of farm] in case of Division of the agricultural holding, which belongs to the inheritance, shall apply mutatis mutandis the provisions on the distribution of agricultural holdings by the abolition of the co-ownership.

Article. 10701. [Divestment participation in decline including farm] to sell or part or participate in the fall involving a farm or agricultural property within the meaning of the provisions of the Act, referred to in article 1. 166 section 3, shall apply the provisions of this Act relating to the disposal of agricultural property.

Article. 1071. (repealed) Article. 1072. (repealed) Article. 1073. (repealed) Article. 1074. (repealed) Article. 1075. (repealed) Article. 1076. (repealed) Article. 1077. (repealed) Article. 1078. (repealed) Article. 1079. [disposal of the share in inheritance] if, in addition to holding the decline includes other objects of property, shares of heirs on the farm shall be set off against their shares in full.

Article. 1080. (repealed) Article. 1081. [Responsibility for the debts of the succession related to running the farm] Responsibility for the debts of the succession related to running a farm be liable from the time of distribution of the estate heir, which this was, and the heirs of receiving from him. Each of these heirs are responsible in relation to the values obtained. Responsibility for the other long are all heirs to the General rules.

Article. 1082. [reserved portion] where to drop you need to farm, to establish the reserved portion is followed by taking account of the provisions of this title, as well as the appropriate article. 216. Article. 1083. (repealed) Article. 1084. (repealed) Article. 1085. (repealed) Article. 1086. [the land Contribution in cooperative] the provisions of this title shall apply mutatis mutandis in the case where to drop you the contribution of land in agricultural production cooperatives, in so far as the provisions of the following does not provide otherwise.

Article. 1087. [Inheriting land contribution] [8], § 1. Belonging to a decline in the contribution of land in agricultural production cooperatives inherit those among the heirs, who at the time of the opening of the fall: 1) are members of the cooperative or 2) or are minors, or take vocational training or attend schools, or 3) are permanently unable to work.

§ 2. In the absence of heirs, referred to in the first paragraph of the preceding contribution to agricultural production co-operative mortgage inherit also heirs who work on the farm cooperatives or within six months of opening the drop will be members of the cooperative.

§ 3. The provisions of the preceding paragraphs shall also apply to land przyzagrodowej and the habitats where they belong to.

Article. 1088. (repealed) Article. 1088.1) this Act shall be made in its regulation of the transposition of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (directive on electronic commerce ') (OJ. EC-L 178 of 17.07.2000, p. 1; Oj. EU Polish Special Edition, chapter. 13, t-25, p. 399).


[1] on the basis of article. 14 of the Act of 14 April 2016, to stop the sale of properties agricultural property stock of the State Treasury and on amendments to certain laws (OJ No. 585), art. 172 paragraph 3 does not apply if the numb and it would have ended before the expiration of 3 years from 30 April 2016.

[2] on the basis of article. 4 paragraph 1. 1 of the Act of 22 July 2010 amending the law – civil code, the law-code of civil procedure and the law-bankruptcy and rehabilitation law (Journal of laws. # 155, poz. 1037) art. 4171 § 2 shall apply to judgments which became final from 17 October 1997.

On the basis of article. 4 paragraph 1. 3 of the Act of 22 July 2010 amending the law – civil code, the law-code of civil procedure and the law-bankruptcy and rehabilitation law (Journal of laws. # 155, poz. 1037) from that became final in the period from 17 October 1997 to 1 September 2004, action for non-compliance with the law of a final judgment may be brought within 2 years after the date of entry into force of this Act. to 25 September 2012.

[3] on the basis of the notice of the President of the Constitutional Court of 18 December 1997 on the loss of effect to the article. 1 point 2, article. 1, paragraph 5, article. 2, paragraph 2, article. 3 paragraph 1 and article. 3, paragraph 4 of Act amending the law on family planning, protection of the human foetus and conditions for the admissibility of abortion and amending certain other acts (OJ. 1040) article. 4461, second sentence, has lost the power of 23 December 1997.

[4] on the basis of the judgment of the Constitutional Court of 31 January 2001 (OJ l. # 11. 91) art. 1059: a) as amended by the Act of 26 October 1971 amending the Civil Code Act (OJ # 27, item. 252) and as amended by the Act of 28 July 1990 amending the law – civil code (OJ # 55, item. 321) is in compliance with the article. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritance of open before the announcement of this judgment in the Official Gazette, is incompatible with article 2. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritances opened that day; (b)), as amended by the Act of 26 October 1971 amending the Civil Code Act (OJ # 27, item. 252) is not incompatible with article 4. 32 paragraph 1. 1 and 2 and article. 64 paragraph 1. 3 of the Constitution, Poland; (c)), as amended by Act of 28 July 1990 amending the law – civil code (OJ # 55, item. 321) is not incompatible with article 4. 32 paragraph 1. 1, art. 37 and article. 64 paragraph 1. 3 of the Constitution and article. 1 of Protocol No. 1 to the Convention for the protection of human rights and fundamental freedoms (Journal of laws of 1995, no. 36, item 175, as amended). Article. 1059; the field has lost the power of 14 February 2001.

[5] on the basis of the judgment of the Constitutional Court of 31 January 2001 (OJ l. # 11. 91) art. 1060 as amended by Act of 28 July 1990 amending the law – civil code (OJ # 55, item. 321) is not incompatible with article 4. 32 paragraph 1. 1, art. 37 and article. 64 paragraph 1. 3 of the Constitution and article. 1 of Protocol No. 1 to the Convention for the protection of human rights and fundamental freedoms (Journal of laws of 1995, no. 36, item 175, as amended), is compatible with article. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritance of open before the announcement of this judgment in the Official Gazette, is incompatible with article 2. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritances opened that day. Article. 1060; the field has lost the power of 14 February 2001.

[6] on the basis of the judgment of the Constitutional Court of 31 January 2001 (OJ l. # 11. 91) art. 1062 as amended by Act of 28 July 1990 amending the law – civil code (OJ # 55, item. 321) is in compliance with the article. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritance of open before the announcement of this judgment in the Official Gazette, is incompatible with article 2. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritances opened that day. Article. 1062; the field has lost the power of 14 February 2001.

[7] on the basis of the judgment of the Constitutional Court of 31 January 2001 (OJ l. # 11. 91) art. 1064 as amended by Act of 28 July 1990 amending the law – civil code (Journal of laws No. 55, item 321) is not incompatible with article 4. 32 paragraph 1. 1, art. 37 and article. 64 paragraph 1. 3 of the Constitution and article. 1 of Protocol No. 1 to the Convention for the protection of human rights and fundamental freedoms (Journal of laws of 1995, no. 36, item 175, as amended), is compatible with article. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritance of open before the announcement of this judgment in the Official Gazette, is incompatible with article 2. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritances opened that day. Article. 1064; the field has lost the power of 14 February 2001.

[8] on the basis of the judgment of the Constitutional Court of 31 January 2001 (OJ l. # 11. 91) art. 1087 is compatible with article. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritance of open before the announcement of this judgment in the Official Gazette, is incompatible with article 2. 64 paragraph 1. 1 and 2 in connection with article. 21(1). 1 and art. 31 para. 3 of the Constitution of Poland in the range in which refers to the inheritances opened that day, is not incompatible with article 4. 64 paragraph 1. 3 of the Constitution. Article. 1087; the field has lost the power of 14 February 2001.

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