The Civil Code

The Civil Code
of 23 April 1964 r. (Dz.U. No. 16, Item. 93)

Book one. The general part

Title I. Preliminary provisions

Art. 1. [Range of]
This Code regulates civil relationships between natural and legal persons.

Art. 2.
(deleted)

Art. 3. [Nieretroakcja]
The law is not retroactive, unless it is clear from the wording or purpose.

Art. 4. [4]
(deleted)

Art. 5. [Abuse of rights] [5]
You can not make use of his right, which would be contrary to the socio-economic purpose of the law or the rules of social. Such an act or omission is not considered eligible for exercising the rights and shall not enjoy protection.

Art. 6. [Burden of proof]
Burden of proof lies with the person, which derives from the fact that the legal consequences.

Art. 7. [The presumption of good faith]
If the law makes the legal consequences of good or bad faith, presumed to have a good faith.

Title II. People

Section I. Individuals

Chapter I. The legal capacity and legal capacity

Art. 8. [Beginning] [6]

§ 1. Everyone from birth has the legal capacity.

§ 2. [7] (deleted)

Art. 9. [The presumption of the birth of a living]
In the case of a birth of a child is presumed to, that it came into the world alive.

Art. 10. [Acquisition of majority]

§ 1. An adult is, who is over eighteen years.

§ 2. Through marriage a minor obtains majority. Do not lose it in case of annulment of marriage.

Art. 11. [The ability]
The full legal capacity is acquired when obtaining majority.

Art. 12. [Lack of capacity]
They have no legal capacity, the person, under the age of thirteen years, and totally incapacitated person.

Art. 13. [Total incapacitation]

§ 1. Person, who has completed thirteen, may be totally incapacitated, if as a result of mental illness, mental retardation or other mental disorders, in particular drunkenness or drug addiction, is not able to control their conduct.

§ 2. For a completely incompetent care established, unless he is still under the parental authority.

Art. 14. [The effects of lack of capacity]

§ 1. The legal action made by a person, which has no legal capacity, is invalid.

§ 2. However, when a person unable to act has entered into a contract belonging to contracts generally concluded in minor issues relating to everyday life, This agreement becomes valid upon its execution, unless it involves serious harm a person unable to act.

Art. 15. [Limited ability to]
Limited capacity to act are minors, who have completed thirteen, and partially incapacitated persons.

Art. 16. [Partial incapacitation]

§ 1. An adult may be partially incapacitated due to mental illness, mental retardation or other mental disorders, in particular drunkenness or drug addiction, if the state does not justify that person's total incapacitation, but help is needed to conduct its affairs.

§ 2. For a partially incapacitated person establishes a guardianship.

Art. 17. [Consent of legal representative]
Subject to the exceptions provided by statute, the validity of legal action, whereby a person of limited legal capacity to incur liability or disposes of its law, consent is required for her legal representative.

Art. 18. [Confirmation of contract]

§ 1. The validity of the contract, which was concluded by a person limited in their ability to act without the necessary consent of legal representative, depends on the confirmation of the contract by that agent.

§ 2. A person of limited legal capacity may itself confirm the agreement after obtaining full legal capacity.

§ 3. Page, a contract with a person limited in capacity to act, can not rely on lack of consent or her legal representative. However, it may appoint a representative right this time to confirm the agreement; becomes free after the expiry of the deadline.

Art. 19. [Unilateral Action]
If a person of limited legal capacity, has made itself a unilateral legal transaction, to which the Act requires the consent of legal representative, action is null and void.

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

Art. 21. [Disposal of Income]
A person of limited legal capacity without the consent of a legal representative to dispose of their earnings, unless the Court of Protection of the important reasons decides otherwise.

Art. 22. [Subjects free service]
If a person's legal representative in the limited legal capacity gave her the specific property items for free use, This person has complete capacity to perform legal acts, that these items relate. The exceptions are the steps, which is not enough to make by law the consent of legal representative.

Art. 221. [The concept of consumer] [8]
For the consumer is a natural person performing a legal act not directly related to his trade or profession.

Art. 23. [Protection of personal]
The personal rights, in particular health, freedom, hi, freedom of conscience, name or nickname, image, secrecy of correspondence, inviolability of the home, The scientific work, Art, inventions and improvements, shall be protected by civil law regardless of the protection provided in other provisions.

Art. 24. [Protection measures]

§ 1. [9] Ten, whose personal welfare is threatened by actions of others, may request such action, unless it is not unlawful. Where an infringement it may also require, to a person, who committed the violation, perform all the actions necessary to remove its effects, in particular, made a statement to appropriate content and form. The rules provided in the Code may also require financial compensation or payment of an appropriate sum of money to a specific social purpose.

§ 2. If for a violation of personal interest was caused material injury, the victim may claim compensation on the basis of its general.

§ 3. Above shall not prejudice the entitlements provided for in other provisions, particularly in copyright and Inventive.

Chapter II. Place of residence

Art. 25. [Concept]
The place of residence of an individual is in place, where he lives with the intention of permanent residence.

Art. 26. [Child]

§ 1. The place of residence of the child remaining in loco parentis is the residence of the parents or parent, whose only exercise custody or entrusted with the exercise of parental authority.

§ 2. If custody is entitled equally to both parents having a separate place of residence, the child's residence is in that of a parent, in which the child is permanently resident. If the child does not reside permanently in any of the parents, his place of residence determines the guardianship court.

Art. 27. [Pupil]
The place of residence of the dependent is a resident tutor.

Art. 28. [Jeden domicyl]
You can have only one domicile.

Chapter III. Recognition of the deceased

Art. 29. [Conditions]

§ 1. Lost may be declared dead, Ten years have elapsed since the end of the calendar year, which according to existing messages still alive; However, if the deceased was recognized as completed seventy years lost, sufficient lapse of five years.

§ 2. Recognition as the deceased can not take place before the end of the calendar year, where the missing have turned twenty-three.

Art. 30. [Special Events]

§ 1. Who was lost during air or sea travel in connection with the crash of the ship or vessel, or in connection with a particular event, It may be presumed dead after six months of, where there has been a disaster or other special event.

§ 2. If you can not say the ship or ship disaster, six-month period shall run from the end of one year from the date of, where the ship or ship to arrive at the port of destination, and if he did not have the port of destination – the expiry of two years from the date of, which was the last of the message.

§ 3. Who was lost due to an imminent danger to life is not provided in the preceding paragraphs, It may be presumed dead after one year from the date of, in which the danger had ceased, or by the circumstances should have to stand.

Art. 31. [Presumption of death]

§ 1. Is presumed, died in that lost time indicated in the decision on recognition of the deceased.

§ 2. As the presumed death while lost is a moment, which according to the circumstances is most likely, and in the absence of any data – first day of term, after which the recognition of the deceased has been made possible.

§ 3. If the decision to recognize the dead time of death was marked only the date on, presumed death in a moment lost is considered the end of the day.

Art. 32. [The simultaneity of death]
If several people lost their lives when danger threatens them together, presumed to be, at the same time that the deceased.

Section II. Legal persons

Art. 33. [Legal personality] [10]
Legal entities are the State Treasury and agencies, the special provisions confer a legal personality.

Art. 331. [The responsibility for the liabilities of the subsidiary] [11]

§ 1. To entities which are not legal persons, which the law recognizes the legal capacity, , the provisions on legal entities.

§ 2. If a recipe states otherwise separate, for liabilities, referred to in § 1, responsibility lies with the members of the subsidiary; This responsibility arises upon, the organizational unit becomes insolvent.

Art. 34. [Treasury] [12]
Treasury is in the relations of civil rights and obligations of, that apply to state property not belonging to the other state legal persons.

Art. 35. [Organization of corporation]
Rise, system and the termination of legal entities shall determine the appropriate provisions; in the cases and to the extent provided in regulations of the organization and operation of the legal person governed by its statutes.

Art. 36. [13]
(deleted)

Art. 37. [Acquisition of legal personality]

§ 1. [14] The organizational unit shall acquire legal personality upon its entry into the relevant register, unless specific provisions provide otherwise.

§ 2. The types of records and their organization and the conduct governed by separate regulations.

Art. 38. [Functions of the organs]
Legal person works through their bodies in the manner provided in the Act and its related statutes.

Art. 39. [The effects of lack of legitimacy]

§ 1. Who as the body of a legal person entered into an agreement on behalf of her body while not exceeding the scope or mandate of such a body, is obliged to reimburse the, which he received from the other party under the contract, and to repair the damage, which the other party has suffered through this, entered into an agreement that not knowing about the lack of legitimacy.

§ 2. This provision shall apply mutatis mutandis in the case, when the agreement was concluded on behalf of the legal person, that does not exist.

Art. 40. [Responsibilities of the Treasury] [15]

§ 1. [16] The Treasury is not liable for the obligations of state legal, unless otherwise specified in a separate provision. State legal persons shall not be liable for the obligations of the Treasury.

§ 2. In case of free transfer, on the basis of existing laws, specific item of property from the state legal person to the State Treasury, the latter jointly and severally liable with the legal entity for obligations arising in the period, when the asset was the property of the legal person, to the value of the asset determined by the state at the time of acquisition, and according to prices at the time of payment.

§ 3. [17] The provisions of § 1 i 2 shall apply mutatis mutandis to the liability of local governments and municipal corporation.

Art. 41. [Head of the legal person]
If the law or based on the statute provides otherwise, seat of a legal person is the place, which is a resident of the management authority.

Art. 42. [No bodies]

§ 1. [18] If a legal person can not keep their affairs in the absence of the bodies established to, the court sets for the superintendent.

§ 2. A guardian should try to delay of the bodies of the legal person, and, if necessary for its liquidation.

Art. 43. [Protection of personal]
Provisions on the Protection of personal rights of individuals shall apply to the corporation.

Section III. Entrepreneurs and their designation[19]

Art. 431. [The concept of the entrepreneur]
Entrepreneur is a natural, a legal and organizational unit, referred to in Article. 331 § 1, conducting its own behalf or professional activity.

Art. 432. [Operating under the name]

§ 1. The entrepreneur operates under the name.

§ 2. The company disclosed in a register, unless otherwise provided by law.

Art. 433. [Exclusive Company]

§ 1. We entrepreneurs should be distinguished sufficiently from companies other entrepreneurs operating in the same market.

§ 2. The company does not mislead, in particular as to the person undertaking, objects of the entrepreneur, place of business, sources of supply.

Art. 434. [Individual company]
Company, natural person is her name. This does not preclude inclusion in your nickname or phrases indicating the subject of business activity, its place and other terms of any of peeled.

Art. 435. [Company legal person]

§ 1. Company, legal person is her name.

§ 2. The company has to determine the legal form of legal entity, which may be abbreviated, and may also indicate the scope of activity, office of the person and any other terms peeled.

§ 3. Company legal person may include your name or nickname of a natural, if this is to release that person's trade or business in the creation of entrepreneurs. Placing the company name or pseudonym of a natural person requires the written consent of the person, and in the event of her death – consent of her spouse and children.

§ 4. The trader may use the abbreviated name. The provision of Article. 432 § 2 shall apply mutatis mutandis.

Art. 436. [Company branch]
Company branch of the legal person has the full name of the person and determine the “branch” with indication of city, in which the branch is located.

Art. 437. [Change of Company]
Changing the company requires disclosure in the register. In the case of conversion of a legal person can maintain its existing business with the exception of determination indicating the legal form of legal entity, If the page has changed. The same applies to the transformation of a partnership.

Art. 438. [Company after the loss of a partner]

§ 1. In case of loss of membership by a member, whose name was placed in the company, the company may keep in his name former partner company only to be expressed in writing his consent, and upon his death – the consent of his spouse and children.

§ 2. The provision of § 1 shall apply accordingly in case of continuation of business by another individual natural person who is the legal successor.

§ 3. Who buys the company, it may continue under the existing name. However, it should put the appendix showing the company or the name of the purchaser, unless the parties agree otherwise.

Art. 439. [Prohibition of sale of company]

§ 1. We can not be too.

§ 2. An entrepreneur entrepreneur may authorize another to use his company, if it does not make the mistake.

Art. 4310. [Unlawful infringement of the company]
Entrepreneur, whose law the company was threatened by actions of others, may request such action, unless it is not unlawful. Where an infringement it may also require the elimination of its effects, make a statement or statements in the appropriate form and content, correct on general principles of property damage or release of the benefit received by a person, who committed the violation.

Title III. Property

Art. 44. [Concept] [20]
Property is a property and other property rights.

Art. 441. [Operators of state property] [21]

§ 1. Property and other property rights, constituting state property, entitled to the Treasury or other state legal persons.

§ 2. The powers of the State Treasury property against state legal persons subject to different regulations, in particular those governing the system.

Art. 45. [Thing]
Things for the purposes of this Code are only material objects.

Art. 46. [Property]

§ 1. Property is part of the earth's surface form a separate object of property (land), as well as buildings permanently connected with land or parts of such buildings, if under the specific rules are separate from land an object of property.

§ 2. Keeping the land registry is governed by separate legislation.

Art. 461. [Agricultural Property] [22]
Agricultural property (agricultural land) are real estate, which are or may be used for productive activities in agriculture in the area of ​​crop and livestock, not excluding horticultural production, orchard and fish.

Art. 47. [Component]

§ 1. Component of things can not be a separate subject property and other rights.

§ 2. A part of the stuff is all, which can not be separated from it without injury or significant change of all or no damage or significant change of the detached.

§ 3. Items connected with the thing only for temporary use are not a component part.

Art. 48. [Piece of land]
Subject to the exceptions provided by statute, the component parts of land are in particular buildings and other facilities associated with the land permanently, as well as trees and other plants after planting or sowing.

Art. 49. [Devices which are not components of the property] [23]

§ 1. Devices for feeding or removing fluid, pair, Gas, electricity and other similar equipment are not components of the property, if you are part of the company.

§ 2. Person, sustaining the costs of construction equipment, referred to in § 1, and is the beneficial owner, may require, the trader to, who joined the unit to your network, purchased their property for the appropriate remuneration, contract unless the parties agree otherwise. The request for transfer of ownership of these devices may also occur entrepreneur.

Art. 50. [Rights as components]
For the components of the property are deemed to include rights relating to its property.

Art. 51. [Membership]

§ 1. Is movable appurtenances required to use other things (the main thing) for its intended purpose, if they are with her in the actual connection corresponding to this goal.

§ 2. There can be no membership in the things belonging to the owner of the main.

§ 3. Membership does not lose this character by transient deprivation of her actual relationship with the main thing.

Art. 52. [Effect of an act]
The legal action which deals with the main concerns as a result of the affiliation, unless it is otherwise clear from the content or activities of the specific.

Art. 53. [Benefits of things]

§ 1. Pożytkami natural things are the fruits and other disconnected from her constituents, if according to the principles of sound management are the normal income of the things.

§ 2. Pożytkami civil things are income, which brings on the basis of the legal relationship.

Art. 54. [The benefits of law]
Pożytkami revenue law, that the law is brought in accordance with their socio-economic destiny.

Art. 55. [The benefits payable]

§ 1. Entitled to the benefits accrue to the beneficial use of natural, which have been detached from the things in the course of his powers, and benefits for civilian – in relation to the duration of this power.

§ 2. If entitled to receive benefits has made investments in order to obtain benefits, which coincided with another person, he must be away from her pay for these expenditures. The salary may not transfer the benefits.

Art. 551. [The concept of enterprise] [24]
The company is an organized team of intangible assets and property intended for business.
It includes in particular:

1) individualizing sign company or its separate parts (company name);

2) immovable or movable property, including equipment, materials, goods and products, and other rights in rem in immovable property or movable;

3) rights under the lease of immovable property or movable property and the right to use immovable property or movable property resulting from other legal relationships;

4) claims, the law on securities and cash;

5) concessions, licenses and permits;

6) patents and other industrial property rights;

7) economic rights and property rights related;

8) business secrets;

9) books and documents related to economic activity.

Art. 552. [Work involving the company] [25]
The legal action which deals with the company covers all, which is part of the company, unless otherwise apparent from the content of legal action, or of the specific.

Art. 553. [Holding] [26]
For the farm shall be considered agricultural land, including forest land, buildings or their parts, equipment and stock, if you are or could be organized economic unit, and the rights associated with running a farm.

Art. 554. [The responsibility for the obligations of the buyer] [27]
Buyer business or farm is jointly and severally liable with the vendor for its obligations related to conducting business or farm, unless at the time of acquisition was not aware of these commitments, despite due diligence. The liability of the purchaser is limited to the value of the acquired company or the holding by the state at the time of purchase, and prices at the moment to satisfy the creditor. Liability can not be without the consent of the creditor to exclude or limit.

Tytuł IV. Legal actions

Section I. General Provisions

Art. 56. [The effects of legal action]
The legal action is triggered not only the impact on the expressed, but also those, resulting from the Act, the principles of social life and fixed habits.

Art. 57. [Disposal of law]

§ 1. You can not use legal action to exclude or limit the power to transfer, load, amendment or repeal of the law, according to law if the right is transferable.

§ 2. This provision does not preclude the admissibility of commitment, that the holder does not do the right marked Regulations.

Art. 58. [The unlawfulness of actions]

§ 1. The legal action contrary to law or to circumvent the law is invalid, unless the relevant provision provides for a different result, in particular, this, that the ineffective provisions of the legal transaction includes the relevant provisions of the Act.

§ 2. Legal provisions of an act contrary to the principles of social coexistence.

§ 3. If the annulment is affected only part of the legal action, action remains in force for the rest of the, unless the circumstances indicate, that without the provisions affected by the invalidity of the act would not take place.

Art. 59. [The relative ineffectiveness of the contract]
In the event of contract, the performance of which makes it impossible to completely or partially redress a claim of a third party, person may request that the contract be void in respect to her, if the parties were aware of her claim, or if the agreement was free of charge. Contract being considered ineffective shall be required one year after its conclusion.

Art. 60. [Declaration of will] [28]
Subject to the exceptions provided by statute, will of the person making the legal action can be expressed by any behavior of this person, which reveals its will in a manner sufficient, including the disclosure of the will in an electronic form (declaration of intent).

Art. 61. [The filing] [29]

§ 1. Declaration of will, to be submitted to another person, be submitted when the, when it came to her in such a way, that she could read its contents. The appeal of such a declaration is effective, have occurred simultaneously with this statement, or earlier.

§ 2. Declaration of will expressed in electronic form shall be submitted to another person when, when it entered the medium of electronic communication in such a way, that person must be able to get acquainted with its contents.

Art. 62. [Consisting Death]
Declaration of will, to be submitted to another person, does not lose power due to the, that before that person has been, made them died or lost the capacity to act, unless otherwise apparent from the wording of the statement, of law or of the circumstances.

Art. 63. [The consent of a third party]

§ 1. If the legal action necessary to make the consent of a third party, the person may consent prior to the declaration by the person or activity dokonywające after filing. Consent given after the declaration is retroactive from the date of.

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

Art. 64. [The decision to replace] [30]
Final court decision stating the obligation of the person designated to make a declaration of intent, replaces the statement.

Art. 65. [Interpretation]

§ 1. Statement will be explained as, as required in the circumstances, in which the complex was, rules of social conduct and established practices.

§ 2. The contracts should rather examine, what was the intention of the parties consistent and purpose, rather than rely on its literal wording.

Section II. Conclusion of contract

Art. 66. [Offer; bound] [31]

§ 1. Statement by the other side of the contract will constitute a, if they lay down important provisions of this agreement.

§ 2. If the tenderer is not marked on sale date, during which the response is expected, offer made in the presence of the other or by using a direct measure of distance ceases to be binding, if not adopted soon; submitted in any other way ceases to be associated with time, in which a tenderer may, in the ordinary course of business to receive a reply was sent without undue delay.

Art. 661. [Binding of electronic journals] [32]

§ 1. The tender submitted in electronic form involves submitting, if the other party shall immediately acknowledge receipt of.

§ 2. The trader who submits a tender in electronic form is required before the conclusion of the contract, inform the other party clearly and understood by:

1) technical activities that make up the contract procedure;

2) the legal effect of the other party to confirm receipt of the offer;

3) principles and methods of fixation, security and access by the operator on the other side of the concluded;

4) methods and technical means for detecting and correcting errors in data entry, which is obliged to provide the other side;

5) languages, in which the contract may be concluded;

6) codes of ethics, which applies, and their availability in electronic form.

§ 3. The provision of § 2 shall apply mutatis mutandis, if the entrepreneur invites the other party to negotiate, tender or a contract otherwise.

§ 4. The provisions of § 1-3 do not apply to contracts by electronic mail or similar means of personal communication at a distance. It does not apply in relations between business, if the parties so agreed.

Art. 662. [A reference offer] [33]

§ 1. In relations between entrepreneurs offer may be withdrawn prior to the conclusion, if the statement of appeal was filed on the other side before sending her letter of acceptance of offer.

§ 2. However, offers can not be revoked, if this is due to its content or the date specified in the acceptance.

Art. 67. [Delay in the response]
When the declaration of acceptance of the offer came with a delay, but with its content or the circumstances indicate, that was sent in time, agreement takes effect, unless the tenderer shall forthwith notify the other party, that due to the delay response deemed not concluded an agreement for.

Art. 68. [Disclaimer]
Acceptance of an offer made subject to amendments or additions to its contents shall be deemed a new offer.

Art. 681. [An acceptance with reservations] [34]

§ 1. In relations between entrepreneurs reply to an offer subject to change or add substantially unchanging content of the offer shall be deemed an acceptance. In this case, the binding agreement with contents as specified in the tender, accordance with the stipulations contained in the response to it.

§ 2. The provision of the preceding paragraph shall not apply, if indicated in the Tender, it can only be adopted without reservations, or if the bidder immediately objected to the inclusion to the agreement, or if the other party to respond to an offer to link the adoption of the tenderer's agreement to include objections to the agreement, and consent has not received this immediately.

Art. 682. [Tacit acceptance] [35]
If the trader has received from the person, which remains in stable economic relations, offer to conclude an agreement as part of its activities, No immediate response is deemed to be acceptance.

Art. 69. [Tacit acceptance] [36]
If the data in a predetermined relationship to the content of custom or offer access to a tenderer other hand, a statement of acceptance is not required, in particular where a tenderer requests the immediate execution of the contract, agreement takes effect, if the other party at the right time will proceed to its implementation; otherwise the offer ceases to be binding.

Art. 70. [The moment and place of the contract] [37]

§ 1. If in doubt, the contract shall be deemed concluded upon receipt of a statement by the applicant of its acceptance, and if access to the tenderer declaration of its adoption is not required – at the time of accession by the other party to perform the contract.

§ 2. In case of doubt the contract is deemed to be concluded in the place of receipt by submitting a declaration of its adoption, and if access to the tenderer declaration of its adoption is not required or are received in electronic form – at home or at the seat of the tenderer at the time of contract.

Art. 701. [Auction; auction] [38]

§ 1. The contract may be made by auction or tender.

§ 2. The announcement of the auction or tender to determine the time, place, object and the conditions of the auction or tender, or indicate how to make these conditions.

§ 3. Ad, and the conditions of the auction or bid may be amended or revoked only if, as stipulated in their content.

§ 4. The organizer of the time make conditions, and the tenderer from the time of the offer according to the announcement of the auction or tender are required to comply with the notice, and the conditions of the auction or tender.

Art. 702. [Offer during the auction] [39]

§ 1. The offer made in the course of the auction no longer be bound, if another bidder (bidder) made an offer more favorable, unless otherwise stated auction terms.

§ 2. Conclusion of the agreement as a result of the auction takes place upon the award of adjudication.

§ 3. If the validity of the contract depends on the fulfillment of specific requirements provided in the Act, both the auctioneer, and its participants, whose bid has been accepted, may enforce the contract.

Art. 703. [During the tender offer] [40]

§ 1. The offer made in the course of the tender ceases to be binding, when it was chosen or offer or the tender was closed without selecting any of the offers, unless the conditions of the tender stated otherwise.

§ 2. The organizer is obliged to immediately notify in writing the tenderers of the outcome, or to close the tender without a choice.

§ 3. To determine the time of the contract by tender, the provisions concerning acceptance, unless the conditions of the tender stated otherwise. The provision of Article. 70 2 § 3 shall apply mutatis mutandis.

Art. 704. [The bid security] [41]

§ 1. Under the conditions of the auction or bid may be claimed, that joining the auction or tender should, failing to prevent them, organizer to pay a specified sum or establish adequate security for its payment (security).

§ 2. If the bidder or bid, despite his tender was selected, fails to conclude an agreement, the validity of which depends on the fulfillment of specific requirements laid down in the Act, organizer of the auction or tender and may retain the amount taken or seek settlement of the security. In other cases, the deposit paid shall be returned immediately, and provided protection expires. If the auctioneer or auction fails to conclude an agreement, the participant, whose tender has been selected, may require payment of double deposit or damages.

Art. 705. [The reasons for cancellation of the contract] [42]

§ 1. Organizer and participant of the auction or tender and may request the cancellation of the contract, if this contract, another participant or a person acting in concert with them, influenced the outcome of the auction or bid in a manner contrary to law or morality. If the contract was concluded on someone's behalf, it may request the cancellation of this, on whose behalf the contract was concluded, or the principal.

§ 2. This permission shall expire after one month of, in which the holder has knowledge of the existence of reasons for revocation, but not later than one year following the date of the contract.

Art. 71. [The invitation to contract] [43]
Ads, Ad, pricing and other information, to the general public or to individuals, deemed to be in no doubt as a, but as an invitation to contract.

Art. 72. [Agreement after negotiations] [44]

§ 1. If the parties negotiate in order to conclude the agreement marked, Agreement is concluded, if the parties reach agreement on all of its provisions, that were subject to negotiation.

§ 2. Page, which has commenced or conducted negotiations in breach of good manners, in particular without the intention of the contract, is obliged to repair the damage, other party which has suffered through this, hoping to conclude an agreement.

Art. 721. [Protection of confidential information] [45]

§ 1. If in the course of negotiations, has provided the information as confidential, the other party is obliged to disclose and not being with other people and not to use such information for its own purposes, unless the parties otherwise agree.

§ 2. In the event of failure or improper performance of duties, referred to in § 1, holder may request the other hand, damages, or issue it receives the benefits.

Section III. The form of legal action

Art. 73. [In order to be valid; for specific effects]

§ 1. If the law reserves for legal action in writing, action performed without observing the restricted form is invalid only if, when the law provides otherwise invalid.

§ 2. If the law reserves for legal action other form of special, action performed without observing this form is not valid. Does not apply to accidents, the behavior of the specific form is reserved for calls to certain consequences of legal action.

Art. 74. [For the purposes of evidence] [46]

§ 1. Disclaimer writing without rigor invalid has the effect, that in the event of infringement, the restricted form of the dispute is not admissible evidence of the witnesses or evidence to the hearing of parties that perform activities. This provision does not apply, the behavior of the writing is reserved for calls to specific effects of legal action.

§ 2. However, despite the failure to be in writing as provided for evidentiary purposes, evidence of the witnesses or evidence at the hearing the parties is admissible, if both parties agree to it, if requested by the consumer in a dispute with a trader, or if the fact of the legal action will be by letter uprawdopodobniony.

§ 3. The provisions on written form provided for evidentiary purposes does not apply to legal relations between entrepreneurs.

Art. 75. [47]
(repealed)

Art. 751. [As for the company] [48]

§ 1. Sale or lease of the enterprise or the establishment of its use should be made in writing and signed by notary public.

§ 2. Disposal of businesses belonging to the person listed in the register should be entered in the register.

§ 3. The provision of § 2 shall apply accordingly in case of leasing company or the establishment of the use of.

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

Art. 76. [Reserved in the contract]
If the parties from stipulating in the contract, that a particular legal action between them should be made in a particular form, This act takes effect only while keeping the restricted form. However, if the parties reserved to make steps in writing, not specifying the consequences of failure to observe this form of, deemed to be in doubt, that it was reserved solely for evidentiary purposes.

Art. 77. [Changes in a written agreement] [49]

§ 1. Supplement or amendment of the agreement requires the preservation of this form, which the statute or the parties have agreed to its conclusion.

§ 2. If the agreement was concluded in written form, its solution with the consent of both parties, as well as a departure from her or her resignation letter should be identified by a letter.

§ 3. If the agreement was concluded in a different form of the specific, its solution with the consent of both parties must maintain this form, which the statute or the parties have agreed to its conclusion; the termination of contract or its termination must be for it in writing.

Art. 771. [Binding by confirmatory] [50]
In the event that an agreement between businesses without a written form one party shall immediately confirm in a letter to the other side, and the letter contains changes or additions to the contract, not change significantly its content, agreement binds the contents as specified in the letter confirming, unless the other party immediately objected to in writing.

Art. 78. [Form pisemna] [51]

§ 1. To comply with the written form of legal action is sufficient submit personal signature on the document covering the content of the statement will. Sufficient to conclude an agreement covering the exchange of documents the contents of wills, each of which is signed by one party, or documents, each of which includes the contents of the declaration of will by either party and it is signed.

§ 2. [52] Declaration of will made in electronic form bearing a secure electronic signature verified by a valid qualified certificate is equivalent to a declaration of intention filed in writing.

Art. 79. [Inability to write] [53]
A person who is able not to write, but are likely to read may make a declaration of intent in writing or in such a way, that will make the document fingerprint tuszowy, and next to the imprint of another person writes his name by putting his signature, or so, that instead of making the declaration is signed by another person, and its signature will be certified by a notary public, or mayor (Mayor, Mayor), Starosta, or Marshal, indicating, that was made available on request which can not write, but liable to read.

Art. 80. [54]
(repealed)

Art. 81. [Data pewna]

§ 1. If the law makes the validity of certain effects or legal action from the official statement of the date of, Such certification is also effective for persons not participating in that transaction, the legal (Data pewna).

§ 2. [55] The legal action also has a date certain in the cases of the following:

1) if it finds that perform activities in any official document – from the date of the instrument;

2) when placed on the document covering the operation of any mention by the public authority, local government authority or by a notary – from the date mentioned.

§ 3. In the event of the death of one person signed the document, the date of the person signing the document shall be considered as some of the date of death of this person.

Dział IV. Disadvantages of a declaration of intent

Art. 82. [Lack of awareness or freedom]
Never mind the declaration of intent made by the person, who, for whatever reason was unable to deliberate exclusionary or taking of a decision, and the free expression of will. This applies in particular mental illness, mental retardation or other, even when the transient, mental impairment.

Art. 83. [The apparent]

§ 1. Never mind the declaration of will on the other side of the complex with the consent of convenience. If the statement is made to hide any other legal action, the validity of the statements are evaluated according to the properties of this action.

§ 2. The apparent declaration will not affect the effectiveness of paid legal action, made on the basis of apparent statements, if as a result of this action by a third party acquires or is released from the obligation, unless they acted in bad faith.

Art. 84. [Error]

§ 1. In case of error as to the content of legal action may be avoided legal consequences of his declaration of intent. If, however, the statement will be made to another person, aside from its legal effect is only permitted, when the error was caused by that person, even without its fault, or if she knew about an error or mistake could be easily seen; This restriction does not apply to a transaction charge.

§ 2. You can rely only on the error to justify the supposition, that had made the statement will not work under the influence of error and assess the matter reasonably, not submitted his declaration to this effect (significant error).

Art. 85. [Messenger]
Distortion of a declaration of intent by the person used for his message has the same effect, the error in the statements.

Art. 86. [Trick]

§ 1. If the error caused the other party by stealth, evade the legal consequences of a declaration of intent submitted under the influence of an error can occur even if, where the error was not significant, and then, if not concern the content of legal action.

§ 2. The trick of a third party is synonymous with the ruse, if it knew of the fraud and did not inform about it the other or if legal action was free of charge.

Art. 87. [Threat]
Who made a declaration of intent under the influence of illegal threat, or other third party, This can avoid the legal consequences of his statements, if the circumstances indicate, that he might be afraid, that he himself or another person in serious danger or personal property.

Art. 88. [Repeal of the impact statement]

§ 1. Evade the legal consequences of a declaration of intent, which has been submitted to another person under the influence of an error or a threat, followed by a declaration in writing to the person.

§ 2. Power to override the expire: on error – one year following the discovery of the, and in case of threat – end of one year from the date of, concerns when the state stopped.

Dział V. Condition

Art. 89. [Concept]
Subject to the exceptions provided by statute or arising from the nature of legal actions, creation or termination of the effects of legal action can be dependent on future and uncertain event (condition).

Art. 90. [The effectiveness of actions]
Come true condition is not retroactive, except as otherwise provided.

Art. 91. [Protecting conditionally approved]
Conditionally authorized can perform all operations, which seeks to preserve his right.

Art. 92. [Regulation contrary to the condition]

§ 1. If legal action involving regulation law was provided, subsequent regulations that law repealed with the occurrence of the condition of many, unless prevented or restricted due to the occurrence of the condition.

§ 2. However, when such a regulation on the basis of a third party acquires or is released from the obligation, , the provisions on the protection of, who in good faith have made a transaction with a person entitled to dispose of the law.

Art. 93. [Fictions effectiveness]

§ 1. If the party, which depends on the condition nieziszczeniu, interfere in a manner inconsistent with the principles of social coexistence ziszczeniu the condition, such effects occur, as a condition to come true.

§ 2. If the party, which depends on the condition ziszczeniu, lead in a manner inconsistent with the principles of social intercourse the occurrence of the condition, such effects occur, as to the condition did not came true.

Art. 94. [Unlawful condition]
Impossible condition, as well as the exact opposite of the law or social norms entail the invalidity of legal action, when suspending; considered to be not restricted, when solving.

Dział VI. Representation

Chapter I. General Provisions[56]

Art. 95. [Concept]

§ 1. Subject to the exceptions provided by statute or arising from the nature of legal actions, legal action can be made by the representative.

§ 2. The legal action made by a representative within the limits of legitimacy implications directly to the represented.

Art. 96. [Basis for legitimacy]
Empowered to act on behalf of someone else may rely on the Act (legal representation) or the statement represented (power of attorney).

Art. 97. [Presumption]
A person active in business premises intended for public use deemed to be in doubt as empowered to make legal, which usually tend to be made with people using the services of the company.

Chapter II. Power of attorney[57]

Art. 98. [Types of power of attorney]
General authorization includes the authority to routine administration. The activities beyond the scope of ordinary management is needed to determine their type of power of attorney, unless the law requires the attorney to a particular activity.

Art. 99. [Form]

§ 1. If the validity of the legal action is required a special form, power of attorney to carry out this operation should be granted in the same form.

§ 2. Attorney General should be not be valid unless made in writing.

Art. 100. [The ability of the representative]
Circumstance, that the attorney is limited in its ability to act, not affect the validity of the act performed by him on behalf of the principal.

Art. 101. [Cancellation; death]

§ 1. The authorization may be revoked at any time, unless the principal Released appeals attorney for reasons justified by the content of the legal relationship giving rise to power of attorney.

§ 2. Lashes will expire with the death of principal and agent, unless otherwise stipulated in the mandate of their legitimate content of the legal relationship giving rise to power of attorney.

Art. 102. [Return the document]
After the expiry of fixing agent is obliged to pay the principal power of attorney. May request a certified copy of this document; expiry of the mandate should be to extract the selected.

Art. 103. [Agreement alleged agent]

§ 1. If the contractor as an attorney does not have authorization or exceeds the scope, validity of the contract depends on its confirmation by the person, on whose behalf the contract was concluded.

§ 2. The other party may appoint a person, on whose behalf the contract was concluded, appropriate time to confirm the agreement; becomes free after the expiry of the deadline.

§ 3. In the absence of confirmation of this, who concluded the contract on behalf of someone else, is obliged to reimburse the, which he received from the other party under the contract, and to repair the damage, which the other party has suffered through this, entered into an agreement that not knowing about the absence of any basis or exceeded its scope.

Art. 104. [Unilateral action of the alleged agent]
Unilateral act made in someone else's behalf without authorization or by exceeding the scope is invalid. However, when this, who has filed a declaration of intent on behalf of someone else, consented to the operation without authorization, , the provisions of an agreement without authorization.

Art. 105. [Originally authorized]
If a delegate after the expiry of mandate shall, on behalf of the principal legal act within the limits of the original attachment, Legal action is important, unless the other party to terminate fixation knew or could easily find out.

Art. 106. [Substitute]
Attorney may establish for the principal only if other agents, the empowerment of such power of attorney, from the law or the legal relationship giving rise to power of attorney.

Art. 107. [Equally empowered]
If the principal has established several representatives of the same range of attachment, each one can act alone, unless the contrary is the power of attorney. This provision shall apply to the Agents, the same for the principal attorney appointed.

Art. 108. [Attorney as a party]
A proxy need not be a party to the other legal action, made on behalf of the principal, unless the contrary is the power of attorney or that of the content of legal action is excluded the possibility of damage to the interests of the principal. This provision shall apply mutatis mutandis in the case, when the agent represents both parties.

Art. 109. [Authorization to receive statements]
The provisions of this section shall apply accordingly in case of, when the statement will be made representative.

Chapter III. Procuration[58]

Art. 1091. [The concept of proxy]

§ 1. The proxy is a power of attorney granted by the operator subject to the entry in the register of entrepreneurs, which includes the competence to perform judicial and extrajudicial, which are associated with entrepreneurship.

§ 2. You can not limit attorney with effect against third parties, unless a specific provision provides otherwise.

Art. 1092. [Compulsory written form]

§ 1. The proxy should be valid unless given in writing. The provision of Article. 99 § 1 not applicable.

§ 2. Proxy may be a natural person having full legal capacity.

Art. 1093. [Power of attorney to each activity]
To sell the company, to carry out legal action, on the basis of which is putting it to the temporary use, and selling and encumbering real property is required to act on behalf of a particular action.

Art. 1094. [Joint proxy]

§ 1. The proxy may be granted to several persons, including (joint proxy) or separately.

§ 2. Declaration addressed to the trader or the service of documents may be made against one of the persons, granted an attorney, including.

Art. 1095. [The proxy ward]
Attorney can be limited to the scope of matters listed in the register office of the enterprise (ward proxy).

Art. 1096. [Prohibition on transfer]
The proxy can not be transferred. Proxy may appoint a proxy to a particular activity or some kind of action.

Art. 1097. [Cancellation, expiry of attorney]

§ 1. The proxy may be revoked at any time.

§ 2. The proxy shall expire as a result of deletion from the register of entrepreneurs, and bankruptcy, in liquidation and conversion of business.

§ 3. The proxy shall expire with the death of a proxy.

§ 4. Death of the entrepreneur or his loss of legal capacity of attorney shall not terminate.

Art. 1098. [Obligation to notify the register]

§ 1. Granting and termination of attorney operator should notify the register of business.

§ 2. Notification of award of attorney shall specify the type of, in the case of joint procuration the way it is carried out.

Art. 1099. [Signed in accordance with the model]
Proxy signature is made according to the records contained in the specimen signature registered, along with a note pointing to the attorney, unless the content of the document shows, that acts as a proxy.

Tytuł V. Appointment

Art. 110. [Basis of calculation] [59]
If the law, court judgment or decision of another state body or a legal action does the term without specifying the means of calculating, The following rules apply.

Art. 111. [Time in days]

§ 1. Period expressed in days ends with the last day.

§ 2. Where a period on a certain event, not taken into account in calculating the period of, in which this event occurred.

Art. 112. [Longer terms]
Time in weeks, months or years end with the expiry date, a name or date corresponds to the initial way to the day time, and if such day in the last month there was no – on the last day of the month. However, when calculating the age of the individual deadline is the beginning of the last day.

Art. 113. [Months]

§ 1. If the date is marked at the beginning, middle or end of the month, means the first, fifteenth or last day of the month.

§ 2. Półmiesięczny term is equal to fifteen days of.

Art. 114. [Calculation of the month, years]
If the date is expressed in months or years, a continuous period is not required, months counts for thirty days, days a year for three hundred sixty-five.

Art. 115. [Days off]
If the end date of implementation of activities falls on a day recognized by law as non-working, expires on the next.

Art. 116. [Application of the provisions of condition]

§ 1. If the effects of legal actions are to be built within a given period, , the provisions of the condition precedent.

§ 2. If the consequences of legal action to stop within a given period, , the provisions of a resolutive condition.

Tytuł VI. Limitation of actions

Art. 117. [Concept]

§ 1. Subject to the exceptions provided by statute, property claims are barred.

§ 2. [60] After the expiry of the limitation period, against whom a claim is entitled, decline to address them, unless it renounces the use of the plea of ​​limitation. However, a waiver of objection within the period of limitation is null and void.

§ 3. [61] (deleted)

Art. 118. [Dates] [62]
If a specific provision provides otherwise, limitation period is ten years, and for periodic claims for benefits and claims relating to economic activity – three years.

Art. 119. [Prohibition of change]
Limitation periods can not be shortened or extended by a legal action.

Art. 120. [Beginning]

§ 1. The limitation period commences on the day, in which the claim became due and payable. If the maturity of the claim depends on the specific action taken by an authorized, period shall begin on the date of, in which the right would be enforceable, entitled if the action taken at the earliest possible date.

§ 2. The limitation period for claims for failure to start from the day, in which the, against whom the claim is entitled, not complied with the content of the claim.

Art. 121. [Suspension] [63]
The limitation period does not begin, and commenced shall be suspended:

1) the claims, enjoyed by children against parents – for the duration of parental;

2) the claims, enjoyed by persons not having full capacity to act against those who have the care or custody – by the time the exercise by such persons custody or guardianship;

3) the claims, enjoyed one of the spouses against the other – by duration of marriage;

4) as to all claims, when due to force majeure shall not be entitled to claim before a court or other body established to hear cases of a kind – for the duration of the obstacles.

Art. 122. [Hold the end of]

§ 1. Limitation to a person, that does not have full legal capacity, can not end earlier than the expiry of two years from the establishment for her legal representative or the removal of the causes of its establishment.

§ 2. If a limitation period is shorter than two years, its course is counted from the date of the establishment of a legal representative or from the, which determine the cause of its establishment.

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

Art. 123. [Interruption]

§ 1. [64] The limitation period is interrupted:

1) by any action before a court or other body established to hear cases or enforcement of such claims or arbitration, taken directly to the investigation or determination, or satisfaction or securing of the claim;

2) by admission of the claim by the person, against whom a claim is entitled;

3) by instituting mediation.

§ 2. [65] (deleted)

Art. 124. [Gear after the break]

§ 1. Each interruption shall start time running afresh.

§ 2.[66] In case of interruption of limitation for action in the proceedings before a court or other body established to hear cases or enforcement of such claims or arbitration, or by instituting mediation, limitation does not run again, until the proceedings are not completed.

Art. 125. [Dates after the ruling]

§ 1.[67] The claim stated a final decision of the court or other body established to hear cases of a type or arbitration award, as well as the stated claim settlement concluded before a court or arbitration proceedings or an agreement before a mediator and approved by the court, shall expire after ten years, even if the limitation period for claims of this kind was shorter. If you found this way, the claim shall include the provision of periodic, periodic claim for benefits payable in future be prescribed three year.

§ 2. [68] (deleted)

Second book. Property and other property rights

Title I. Property

Section I. General Provisions

Art. 126. [69]
(deleted)

Art. 127. [69]
(deleted)

Art. 128. [69]
(deleted)

Art. 129. [69]
(deleted)

Art. 130. [69]
(deleted)

Art. 131. [69]
(deleted)

Art. 132. [69]
(deleted)

Art. 133. [69]
(deleted)

Art. 134. [69]
(deleted)

Art. 135. [69]
(deleted)

Art. 136. [70]
(deleted)

Art. 137. [70]
(deleted)

Art. 138. [71]
(deleted)

Art. 139. [71]
(deleted)

Section II. Content and performance of property

Art. 140. [Content Property]
Within the limits defined by the laws and rules of social intercourse, the owner can, the exclusion of others, enjoy things according to the socio-economic destiny of his right, in particular, can get benefits and other income of the things. In the same limits can dispose of it.

Art. 141. [72]
(deleted)

Art. 142. [Use without permission]

§ 1. The owner can not oppose the use of or even damage or destruction of an object by another person, if it is necessary to ward off danger to personal property occurring directly to that person or a third party. However, it can claim compensation for the resulting damage.

§ 2. This provision shall also apply in case of danger to property occurring property, unless the damage is obviously threatening and disproportionately less than the damage, which could suffer as a result of the use of the owner, damaging or destroying things.

Art. 143. [Ownership of land] [73]
Within the limits specified by the socio-economic destiny of the land ownership of land extends to the space above and below the surface. This provision shall not prejudice the rules governing the right to water.

Art. 144. [Immisje]
The property owner should the performance of their right to refrain from acts, that would interfere with the use of the property as a location above the average, resulting from socio-economic purpose of real estate and local levels.

Art. 145. [Necessary road easement]

§ 1. If the property does not have adequate access to a public road or property belonging to the farm buildings, the owner may claim from the neighboring land owners to establish easements needed for payment of road (necessary road).

§ 2. Carrying out the necessary roads will be the needs of the property without access to a public road, and with the least burden on the land, through which the road has lead. If you need to establish the road follows the sale of land or other legal action, and between interesowanymi no agreement is reached, court orders, if it is possible, carried out by the land route, which were the subject of legal action.

§ 3. Carrying out the necessary roads should take into account socio-economic interests.

Art. 146. [The road to the holder]
The provisions of the preceding Article shall apply mutatis mutandis to the intrinsic property of the holder; However, the holder may require only the establishment of personal servitude.

Art. 147. [Digging]
The owner is not allowed to make earth-moving in such a way, Property Supplement to the threatened loss of a neighboring base.

Art. 148. [Fruits]
Fruit fallen from a tree or shrub on adjacent land are its benefits. This provision does not apply, when the adjacent land is intended for public use.

Art. 149. [Removal of branches, fruit]
The owner of land may enter adjoining land to remove zwieszających of its branches or fruit trees. Adjoining owner of land may seek compensation, however, the resulting damage.

Art. 150. [Removal of roots]
The landowner may cut and retain the roots passing from the neighboring land. The same applies to the branches and fruit zwieszających of neighboring land; However, in the event that the owner should pre-designate a neighbor the right time for their removal.

Art. 151. [The boundaries of the construction]
If in the construction of a building or other device without willful misconduct exceeded the limits of land adjacent, owner of the land can not request reinstatement, unless without undue delay, objected to crossing the border or that unreasonably threatens to shame. He may require or obtain an equitable remuneration in return for the establishment of an appropriate easement, or to take out part of occupied land, as well as this part, which lost due to the construction for the economic importance.

Art. 152. [Demarcation]
Adjacent land owners are obliged to cooperate in the demarcation of land and maintaining permanent boundary markers; separation costs and the costs of equipment and maintaining a permanent boundary markers shall be borne by the mid.

Art. 153. [Determination of boundaries]
Where the boundaries of the land became a contentious, a legal status could not be established, fixed boundaries at the last peaceful state ownership. Also, if such a state could not be established, and the proceedings rozgraniczeniowe not led to a settlement between interesowanymi, court to establish the boundaries, taking into account all the circumstances; may be admitted to one of the owners of the appropriate monetary payment.

Art. 154. [Devices at the border]

§ 1. Is presumed, that the walls, fences, hedges, ditches and other similar equipment, located on the border of neighboring land, are for shared use neighbors. The same applies to trees and shrubs on the border.

§ 2. Users of these devices are required to jointly bear the cost of their maintenance.

Section III. Acquisition and loss of property

Chapter I. Transfer of ownership

Art. 155. [Obligatory on-contract of disposal]

§ 1.[74] The contract of sale, conversion, donations, transfer of the property or other agreement providing for the transfer of ownership as to the identity of the designated transfer ownership to the buyer, unless a specific provision provides otherwise or the parties otherwise agreed.

§ 2. If the subject of the agreement regarding the transfer of ownership of things are marked only on the species, needed to transfer is the transfer of ownership of things. The same applies to the case, when the subject of the agreement regarding the transfer of ownership are the things to come.

Art. 156. [Kauzalność]
If an agreement transferring the ownership in performance of an obligation under a prior agreement regarding the transfer of ownership, of recording, of unjust enrichment or other events, validity of a contract transferring ownership to the existence of this obligation.

Art. 157. [Condition, appointment]

§ 1. Intellectual property can not be transferred or provided subject to a limit.

§ 2. If the agreement providing for the transfer of ownership of the property had been concluded on the condition or subject to a limit, needed to transfer an additional agreement of the parties as to their unconditional consent to the immediate transfer of ownership.

Art. 158. [Form]
Binding agreement to dispose of the property should be included in a notarial deed. The same applies to the agreement transferring the ownership, to be concluded for the implementation of pre-existing obligation to transfer the ownership of the property; commitment should be mentioned in the act.

Art. 159. [Exclusions]
The provisions of the obligation to preserve the form of a notarial act shall not apply in the case, the land transferred as a contribution to the agricultural production cooperative shall be jointly owned by the former owners.

Art. 160. [75]
(deleted)

Art. 161. [75]
(deleted)

Art. 162. [76]
(repealed)

Art. 163. [77]
(deleted)

Art. 164. [77]
(deleted)

Art. 165. [77]
(deleted)

Art. 166. [Preemption co-owners]

§ 1. [78] In case of sale by the co-owner of agricultural land share in the ownership or part of this participation to other co-owners have the right of first refusal, if you run a farm on the basis of common. This is not the case, while the co-owner of the farm operator sells its share in joint ownership with the farm or if the buyer is another co-owner or a person, holding that the seller dziedziczyłaby.

§ 2. [79] (deleted)

Art. 167. [80]
(deleted)

Art. 168. [80]
(deleted)

Art. 169. [Acquisition of unauthorized]

§ 1. If the person is not entitled to dispose of tangible movable item and sells it to a buyer seem, recipient of the property upon taking possession of things, unless he acts in bad faith.

§ 2. However, when the lost, stolen or otherwise lost by the owner shall be disposed of before the expiry of three years from the time of its loss, stolen or lost, the buyer can get the property until the expiry of this three-year deadline. This limitation does not apply to money and documents to bearer or official of things purchased at public auction or in the course of enforcement proceedings.

Art. 170. [Purchase of goods loaded]
In case of transfer of ownership of movable property, which is laden with the law of a third party, this right shall expire upon the issue to the buyer, unless it acts in bad faith. The provision of the second paragraph of the preceding Article shall apply mutatis mutandis.

Art. 171. [81]
(deleted)

Chapter II. Prescription

Art. 172. [Property]

§ 1. [82] The holder of the property not being the owner acquires the property, if it has the property continuously for twenty years as the holder of an autonomous, unless they have been in bad faith (prescription).

§ 2. [83] After thirty years, the holder acquires the ownership of real property, even obtained possession in bad faith.

Art. 173. [Protection of minors]
If the property owner, against whom prescription runs, is a minor, prescription can not end earlier than the expiration of two years after obtaining the age of majority owner.

Art. 174. [Mobility]
The holder of a non-movable property the owner acquired the property, if he has for three consecutive years as the holder of an autonomous, unless it has in bad faith.

Art. 175. [Return]
Periods of prescription, the provisions on limitation of claims.

Art. 176. [Having a predecessor]

§ 1. [84] If during the course of transfer of possession of prescription was, the current holder can be added to time, through which he has, time to have his predecessor's. However, if the previous holder has possession of property in bad faith, Time of possession can be credited only, including the time when possession of the possessor of at least thirty.

§ 2. The provisions above shall apply accordingly in case of, when the current holder is the heir of a previous holder.

Art. 177. [85]
(deleted)

Art. 178. [86]
(repealed)

Chapter III. Other accidents and loss of property acquisition

Art. 179. [87]
(lost its)

Art. 180. [Abandonment]
The owner may give up ownership of movable property by the, that the intention to abandon.

Art. 181. [Appropriation]
Ownership of movable items shall be acquired by anyone's taking possession of its intrinsic.

Art. 182. [A swarm of bees]

§ 1. A swarm of bees, it becomes one's, if the owner never found it before three days of wyrojenia. The owner not in pursuit of a swarm to enter another's land, However, it should repair the resulting damage.

§ 2. If the swarm settled in someone else's beehive is not busy, the owner may claim in the swarm for reimbursement.

§ 3. If the swarm settled in other people's busy hive, it becomes the property of the, whose property was a swarm of, which is in the hive was. The owner is not entitled to the donor in this case the claim for unjust enrichment.

Art. 183. [Duties of finder]

§ 1. Who found the lost, should immediately notify the person entitled to receive things. If the finder does not know, who is entitled to receive things, or if he knows the place of residence of the person entitled, should immediately notify the competent authority in finding.

§ 2. The provisions of the things found are used appropriately to things abandoned with no intention of disposing of property, as well as animals, have strayed or escaped.

Art. 184. [Valuables]

§ 1. Money, securities, valuables and things to scientific or artistic value finder should return immediately to the competent authority of a state store, while other things found – only at the request of that authority.

§ 2. If the finder to keep at home, , the provisions of unpaid custody.

Art. 185. [Authorization]
Council of Ministers shall determine the competent authorities to keep the lost and found and the search for persons authorized to receive them, retention policies and the way these things look for the persons entitled to receive.

Art. 186. [Znaleźne]
Finder, who did fulfill its obligations, znaleźnego may require up to one tenth of the value of things, If his claim is reported at the time of the latest things to the person entitled to receive.

Art. 187. [Acquisition of property] [88]
Money, securities, valuables and things to scientific or artistic value, which are not received by the owner within one year from date of the order it by the competent authority, and, if unable to call – within two years of their finding, become the property of the Treasury. Other things are after the same dates as the property of the finder, if it did fulfill its obligations; if things are kept by the public authority, finder can pick them up for reimbursement.

Art. 188. [Finding in public places]
The provisions of the preceding Articles shall not apply if you find things in a public building or in another building or room open to the public, or if you find things in a railroad car, on a ship or other means of public transport. Finder is obliged to pay in these cases, the manager of the building or premises or a responsible manager of public transport, and he will do with the thing in accordance with applicable.

Art. 189. [Treasure] [89]
If an item having a more significant material value or scientific or artistic value was found in such circumstances, that the search for the owner would of course be pointless, finder is bound to give the competent authority of a state. The thing found is owned by the Treasury, and if found to be adequate remuneration.

Art. 190. [Acquisition of natural rewards]
Entitled to the beneficial use of natural things acquire their property by removing them from the things.

Art. 191. [Connection with the property]
Ownership of the property extends to mobile, which was connected to the property in such a way, that it became a part of the.

Art. 192. [Transformation]

§ 1. Ten, who has created a new movable thing from other people's material, becomes the owner, if the value of labor input is greater than the material.

§ 2. If the process things were done in bad faith or if the value of materials is greater than the amount of work, the generated becomes the property owner of the materials.

Art. 193. [Connection, confusion]

§ 1. If the movable been combined or mixed in such a way, that restitution would be associated with excessive difficulties or costs, former owners are joint owners of all. Interests in joint ownership shall be determined by the ratio of the combined or mixed stuff.

§ 2. However, when one of those things combined have a value much higher than other, things are becoming a smaller number of components.

Art. 194. [Settlement]
The rules for processing, combination and confusion of not prejudice the provisions of the obligation to repair the damage or the rules of the unjust enrichment.

Dział IV. Joint ownership of

Art. 195. [Concept]
Ownership of the same thing may have a supreme several people (ownership).

Art. 196. [Types]

§ 1. Joint ownership or joint ownership is the fractional parts, or joint ownership of the total.

§ 2. Joint tenancy is governed by the relationship, from which it follows. For joint ownership in fractional parts, the provisions of this chapter.

Art. 197. [Shares]
Is presumed, that the shares are equal co-owners.

Art. 198. [Disposal of share]
Each of the joint owners can dispose of his share without the consent of the other co-owners.

Art. 199. [Exceeding the ordinary management]
To dispose of a common thing, and for other activities, in excess of ordinary administration, consent is required for all co-owners. In the absence of such consent, co-owners, whose shares represent at least half, may request a court, which determines having regard to the purpose of the intended activities and interests of all co-owners.

Art. 200. [Cooperation]
Each of the joint owners shall be obliged to cooperate in the management of a common thing.

Art. 201. [Plain Management]
For routine administration common thing consent is required for most of the co-owners. In the absence of such consent, each of the joint owners may request a judicial authorization to perform an act.

Art. 202. [The decision of the court]
If a majority of the co-owners decided to act blatantly contrary to the principles of sound management common thing, each of the other joint owner can request a court.

Art. 203. [Appointment of manager]
Each of the joint owners may ask the court to appoint a liquidator, if you can not get the consent of the majority co-owners in important matters of routine administration, or if the majority of the co-owners violates the principle of proper management or harms minority.

Art. 204. [Calculation of the most]
Most of the co-owners shall be calculated according to the size of.

Art. 205. [Remuneration]
Co-owner holding the common thing the Board may request the other joint owners shall pay the corresponding legitimate effort of his work.

Art. 206. [Jointly-]
Each of the joint owners is entitled to co-ownership of joint property, and to use it in so far, which is incompatible with co-ownership and use of goods by the other co-owners.

Art. 207. [Revenues and expenses]
Benefits and other income from common things fall co-owners in relation to the size of; in the same proportion co-owners incur costs and burdens related to the common.

Art. 208. [Account of the Board]
Each of the joint owners is not a common thing holding the board may request in a timely account of the Board.

Art. 209. [Conservative Operations]
Each of the joint owners may perform all acts and to pursue any claims, which seeks to preserve the common law.

Art. 210. [Abolition of joint]
Each of the joint owners may demand the abolition of ownership. This power can be turned off by a legal action for not more than five years. However, in the last year before the reserved time is allowed to extend it for five more years; You can renew an extension of.

Art. 211. [Division]
Each of the joint owners may request, ownership was to abolish the division of joint, unless the allocation would be contrary to the provisions of the Act or the socio-economic destiny of things, or that entail a substantial change things or significantly reduce its value.

Art. 212. [Abolishing judicial]

§ 1. If the abolition of joint ownership is under court order, value of individual shares can be compensated by cash payments. In the division of land the court may order the individual parts needed służebnościami ground.

§ 2. Thing, which can not be divided, may be granted according to the circumstances of one of the co-owners of the obligation to repay the remaining or sold pursuant to the provisions of the Code of Civil Procedure.

§ 3. [90] If the payments are fixed or repayment, the court will mark the date and method of payment, the amount and date of payment of interest, and if necessary also the way they protect. If distribution of payments and repayments on installment terms of payment may not exceed a total of ten years. In cases deserving special consideration given to the court at the request of the debtor may defer payment of the installments already due.

Art. 213. [Holding] [91]
If the abolition of farm ownership by the division between co-owners would be contrary to the principles of sound agricultural economy, court shall grant the holding ago co-owner, in which all co-owners agree.

Art. 214. [Develop] [92]

§ 1. In the absence of consent of all co-owners, court granted this farm have, which it operates or permanently in the works, unless the socio-economic interests in favor of the choice of another co-owner.

§ 2. If the conditions provided in the preceding paragraph complies with several co-owners, or if they do not meet any of the joint owners, court granted this farm have, which is the best guarantee of proper performance.

§ 3. At the request of all joint owners, the court ordered the sale of the farm in accordance with the provisions of the Code of Civil Procedure.

§ 4. Sale of farm court also ordered the case to opt for any of the joint owners to grant him a household.

Art. 215. [Return] [93]
Provisions in the two preceding Articles shall apply mutatis mutandis in the case, the farm may be divided, but the number of separate parts is less than the number of co-owners.

Art. 216. [Repayment] [94]

§ 1. Repayments of amounts of the co-owners of the farm shall be determined according to their mutual agreement.

§ 2. In the absence of such agreement, pay enjoyed by co-owners may be reduced. Determining the degree of reduction takes into account:

1) type, size and condition of the holding of the object the abolition of ownership,

2) personal circumstances and property co-owner liable for repayment, and co-owner is entitled to receive them.

§ 3. Reduction of payments, accordance with the provisions of paragraph preceding, does not exclude the possibility of paying in installments or deferment of payment, accordance with the provisions of Article. 212 § 3.

§ 4. The provisions of § 2 i 3 does not apply to payments to the spouse in the event of the abolition of farm ownership, which, pursuant to the provisions of the Family Code is a joint property of spouses.

Art. 217. [Alignment] [95]
Co-owner, which as a result of the abolition of farm ownership was, and forming a part of the farm agricultural land sold for consideration before the end of five years from the dissolution of joint ownership, the other co-owners is required, which coincided with repayment due to lower than, issue – proportion to their shares – benefits derived from the reduction of payments, unless the objective is to ensure the rational disposal of the farm.

Art. 218. [Further residence] [96]

§ 1. Co-owners, who did not receive a farm or part of, but for the removal of ownership on the farm they lived, retain the power to continue to reside, but no longer than five years, and when at the time of the abolition of ownership are minor – no more than five years after coming of age. Reducing this term does not apply to the co-owners permanently unable to work.

§ 2. The powers under the provisions of the preceding paragraph, the provisions of the easement housing.

Art. 219. [97]
(deleted)

Art. 220. [The exclusion of limitation]
The claim for the abolition of ownership is not barred.

Art. 221. [Buyer participation]
Legal acts defining the management and the use of common things, or excluding the power to abolish the effect ownership relates also to a buyer participation, them if the buyer knew or could easily find out. The same applies to the case, when the use of things was established by a judgment.

Dział V. Protection of property

Art. 222. [Collection and injunction]

§ 1. The owner may require the person, who actually owns the thing, the order was issued to him, unless that person is entitled to effect the owner's permission to own it.

§ 2. Against the person, which violates the property otherwise than by the actual power to deprive the owner of the thing, owner shall have a claim for relief in accordance with law violations and failure to.

Art. 223. [The exclusion of limitation]

§ 1. The claims of the owner as provided in the preceding article are not barred, if they relate to real estate.

§ 2. [98] (deleted)

§ 3. [99] (deleted)

Art. 224. [Supplementary Claims]

§ 1. Spontaneous holder in good faith shall not be obligated to pay for the use of things and is not responsible neither for its consumption, nor for its decrease or loss of. Acquire the ownership of natural rewards, that have been disconnected from things during his ownership, and retains the benefits obtained civil, if it has become due and payable at the time.

§ 2. However, from the, in which spontaneous holder in good faith, learned about bringing an action against him for a thing, he is obligated to pay for the use of things and is responsible for its consumption, degradation or loss, unless the deterioration or loss occurred without his fault. Is obliged to reimburse the time taken from the above benefits, not consumed, as well as pay the value of these, that consumed.

Art. 225. [Develop]
Obligations of the holder of inherent bad faith against the owner are the same as those of spontaneous holder in good faith from the time, in which it learned of bringing an action against him for a thing. However, spontaneous holder in bad faith is furthermore obliged to return the value of benefits, because of the bad economy has not obtained, and is responsible for the deterioration and loss of property, unless the loss or deteriorate even if, if they were in possession of an authorized.

Art. 226. [Expenditures]

§ 1. Spontaneous a bona fide reimbursement of necessary expenditure of so much, unless they are covered in the benefits, of the things that has been. Reimbursement of other expenses may require so much, unless the increased value of the goods at the time of its release to the owner. However, when expenditures are made after the time, in which spontaneous holder in good faith, learned about bringing an action against him for a thing, it can only reclaim the expenditure necessary.

§ 2. Spontaneous holder in bad faith may be required only payback required, and it is only so much, if the owner unreasonably be richer at the expense of.

Art. 227. [Subjects connected]

§ 1. Spontaneous holder may, restoring the previous state, take items, which combined with the thing, even became its components.

§ 2. However, when a call has intrinsic holder in bad faith or independent holder in good faith after a while, where he learned about bringing an action against him for a thing, the owner can keep the items attached, spontaneously returning to the holder of the value and cost of labor or a sum equivalent to increasing the value of things.

Art. 228. [Supplementary Claims]
The rules defining the rights and obligations inherent holder in good faith from the time, where he learned about bringing an action against him for a thing, shall also apply in the case, the holder of the stuff per se that is the subject of state property was ordered by the competent authority in the delivery of goods.

Art. 229. [Limitation]

§ 1. Claims against the owner of spontaneous holder for remuneration for the use of things, for reimbursement of benefits or the payment of their value, as well as claims for damages due to the deterioration of things shall expire after one year of the return of things. The same applies to the holder of essential claims against the owner for reimbursement of expenses for.

§ 2. [100] (deleted)

Art. 230. [Supplementary Claims; return]
Provisions for claims against the owner of spontaneous holder for remuneration for the use of things, for reimbursement of benefits or the payment of their value, and for damages because of deterioration or loss of, and provisions relating to the holder of essential claims for reimbursement of expenses for, shall apply mutatis mutandis to the relationship between the owner and holder of things dependent, unless the rules governing this relationship does not lead to any different.

Art. 231. [The building on someone else's land]

§ 1. Spontaneous land holder in good faith, who built on the surface or beneath the surface of the ground building or other device for transferring value significantly affected the value of land for this purpose, may require, the owner of the property transferred to the affected property for the appropriate remuneration.

§ 2. The landowner, which was erected a building or other device for transferring value significantly affected the value of land for this purpose, may require, aby ten, who erected a building or other device, property acquired from the property for the appropriate remuneration.

§ 3. [101] (deleted)

Title II. Perpetual usufruct

Art. 232. [Subject and entities]

§ 1. [102] Land owned by the Treasury and located within the administrative boundaries of cities and Treasury land situated outside those boundaries, but part of the development plan submitted to the city and its economic tasks, as well as land owned by local authorities or their associations may be put in the lease to individuals, and legal persons.

§ 2. [103] In the cases covered by the specific provisions of perpetual use of the subject may also be other land of the Treasury, local authorities or their associations.

Art. 233. [Contents] [104]
Within the limits, defined by the laws and rules of social intercourse, and by agreement to donate the land of the Treasury or the land belonging to local governments or their compounds in the lease, the user can use the land the exclusion of others. In the same limits of perpetual usufruct may dispose of its law.

Art. 234. [Establishment] [105]
To give the land of the Treasury or the land belonging to local governments or their compounds in the lease, the provisions on transfer of ownership.

Art. 235. [Ownership of buildings and equipment]

§ 1. [106] Buildings and other facilities built on the grounds of the Treasury or the land belonging to local governments or their compounds by the user are the perpetual ownership. The same applies to buildings and other facilities, that perpetual user has acquired under the relevant provisions in a contract on giving land for perpetual use.

§ 2. [107] The possibility for the user perpetual ownership of buildings and facilities on the basis of your usage of a right related to the use of perpetual.

Art. 236. [Period]

§ 1. [108] Giving the Treasury of the land or land belonging to local governments or their compounds in the lease shall be for ninety-nine years. In exceptional cases, the perpetual use of a business purpose does not require dedication of land for ninety-nine years, dedication of land is permitted for less, But at least forty years.

§ 2. [109] In the last five years prior to the deadline stipulated in the contract of perpetual user can request its extension for a further period of forty to ninety-nine years; However, you can pre-eternal a request if, if the amortization period of your usage of land intended for investment is much longer than the time, which remains the expiry date stipulated in the contract. Non-renewal is allowed only for reasons of important public interest.

§ 3. Agreement to extend the perpetual use should be included in a notarial deed.

Art. 237. [Transfer]
To transfer the perpetual usufruct, the provisions on transfer of ownership.

Art. 238. [Fee]
Perpetual user pays for the duration of their right to an annual fee.

Art. 239. [Content of the agreement]

§ 1. [110] How to use the land of the Treasury or the land belonging to local governments or their compounds by perpetual user should be specified in the contract.

§ 2. [111] If the dedication of land for perpetual use occurs in the hills on the grounds of buildings or other facilities, agreement should specify:

1) date of commencement and completion of works;

2) type of buildings or facilities and the obligation to maintain them in good condition;

3) conditions and period of recovery in case of destruction or demolition of buildings or equipment during the perpetual use;

4) remuneration due to perpetual user for the buildings or facilities existing on the ground at the expiry of the perpetual usufruct.

Art. 240. [Solution] [112]
The agreement to donate the land of the Treasury or the land belonging to local governments or their compounds in the lease may be terminated before the expiry of the deadline specified in the, If you are using a perpetual land in a manner clearly contrary to the purpose specified in the contract, especially if you are not contrary to the contract rose as defined in the building or equipment.

Art. 241. [Termination charges]
With the expiry of the perpetual usufruct shall expire on the set load.

Art. 242. [113]
(deleted)

Art. 243. [Limitation] [114]
Perpetual claim against you for damages arising from the improper use of the land of the Treasury or the land belonging to local authorities or their associations, as well as user perpetual claim compensation for buildings and equipment existing on the date of return of area use shall expire after three years from that date.

Title III. Limited property rights

Section I. General Provisions

Art. 244. [Catalog] [115]

§ 1. Limited property rights are: use, servitude, pledge, cooperative property ownership and mortgages.

§ 2. Cooperative property ownership and mortgages are governed by separate legislation.

Art. 245. [Establishment]

§ 1. Subject to the exceptions provided by statute, the establishment of limited property rights, the provisions on transfer of ownership.

§ 2. However, the establishment of limited property rights on the property, the provisions on the inadmissibility of a condition or term. The form of deed is needed only for the claim of the owner, which establishes the right.

Art. 2451. [Transfer] [116]
To transfer a limited property right on the property needed is a contract between a buyer and eligible – if the law is revealed in the land register – contribution to this book, unless a specific provision provides otherwise.

Art. 246. [Waiver] [117]

§ 1. If the holder renounces the limited property rights, this right expires. Disclaimer While the law should be submitted to the owner of goods loaded.

§ 2. However, when the law provides otherwise, and the law was disclosed in the land register, to its expiration need be removed from the mortgage book of law.

Art. 247. [Go to owner]
Limited property right expires, If things go to the owner of the loaded or if this, who so entitled, acquire ownership of goods loaded.

Art. 248. [Changing the content]

§ 1. [118] To change the content of limited property rights needed is a contract between a legitimate owner of the goods loaded, and if the law was disclosed in the land register – contribution to this book.

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

Art. 249. [Priority]

§ 1. If some limited rights charges the same thing, right arising later can not be exercised to the detriment of law arising before (priority).

§ 2. This provision is without prejudice, which determine the priority in a different way.

Art. 250. [Changing the priority]

§ 1. Priority limited property rights can be changed. The change does not affect the rights having lower priority than the priority of the right inferior, and higher than right, which receives priority rights of the outgoing.

§ 2. [119] To change the priority of limited property rights needed is an agreement between the, Whose law is to give way, a tym, Whose law is given priority rights of the outgoing. If at least one of these rights is disclosed in the land register, is also needed in the Land Register entry.

§ 3. Changing the priority becomes ineffective upon expiry of rights, with recovery of priority.

Art. 251. [Protection]
For the limited property rights protection, the provisions on the protection of property.

Section II. Use

Chapter I. General Provisions

Art. 252. [Scope and content]
Law may be charged for its use, and to receive its benefits (use).

Art. 253. [Limiting the scope]

§ 1. The scope of use can be reduced by turning off the marked benefits of things.

§ 2. Making use of property may be limited to the designated part.

Art. 254. [Inalienability]
Use is not transferable.

Art. 255. [Failure]
Operation terminated as a result of inactivity for ten years.

Art. 256. [Method of execution]
You should exercise their right in accordance with the requirements of proper management.

Art. 257. [The team of production]

§ 1. If the use involves a particular set of production, the user can replace the limits of proper management of the individual components of other. Included in this way, the components will become the property of the owner operated a team of production.

§ 2. If the team used the means of production to be returned according to estimates, you acquire the ownership of the individual components of the moment, they have been issued to him; after cessation of use is required to pay the band of the same type and the same value, except as otherwise provided.

Art. 258. [Weights]
In relations between the user and the user takes weights, in accordance with the requirements of sound management should be met from the proceeds of the things.

Art. 259. [Expenditures of the owner]
The owner is not obliged to make effort to load and use. If such expenditures made, the user may request their return according to the rules of conduct gestio.

Art. 260. [Expenditures by]

§ 1. The user is obliged to carry out repairs and other costs associated with the ordinary use of the things. The need for repairs and other expenses should immediately notify the owner and allow him to carry out the necessary works.

§ 2. If you made the effort, to which he was not obliged, , the provisions for the conduct of others' affairs.

Art. 261. [Third party claims]
If there is a third party claim against you relating to properties of things, the user should immediately notify the owner.

Art. 262. [State after the expiry]
After the expiry of Use User shall be obliged to pay the owner in this state, in what should be included pursuant to the provisions on the exercise of Use.

Art. 263. [Limitation] [120]
Owner's claim against you for damages because of the worsening things or for reimbursement of expenses for, as well as against the owner's claim for reimbursement of expenses for the benefit shall expire after one year of the return of things.

Art. 264. [Use of incorrect]
If the operation involves money or other items identified only to species, user is made on the issue to him of such articles to the owner. After the expiry of use is bound to refund under the provisions of the loan repayment (use of inappropriate).

Art. 265. [Use of rights]

§ 1. The subject application could be the right.

§ 2. For use rights, the provisions for use of things.

§ 3. To establish the use of the law, the provisions of the transfer of this right.

Chapter II. Use of natural persons

Art. 266. [Expiry]
Use set to expire later than a natural person of her death.

Art. 267. [Contents]

§ 1. The user is obliged to preserve the substance of things past and her destiny.

§ 2. [121] However, the land user can build and operate new equipment for the extraction of minerals subject to the provisions of geological and mining law.

§ 3. Before starting work you should timely notify the owner of its intention to. If the proposed device would alter the destiny of the land or violate the requirements of proper management, the owner may claim of abandonment or secure a claim for damages.

Art. 268. [New devices]
The user can set up new facilities on the premises within such limits as the tenant.

Art. 269. [Protection; manager]

§ 1. The owner may, for serious reasons require the user security, to set a deadline for the required. After the expiry of the deadline, the owner can ask the court to appoint a liquidator.

§ 2. You can request the repeal of the Board, if it provides adequate protection.

Art. 270. [Protection in the use of improper]
Owner may refuse subjects of improper use, until it receives adequate security.

Art. 2701. [Using the time of building] [122]

§ 1. For use involving the use of the building or residential unit in terms of the Act on the Protection of purchasers of the right to use the building or residential unit at a fixed time each year and amendments to the Civil Code, Code offenses and the Law on Land and Mortgage, the provisions of Chapters I and II of this chapter, with the exception of. 254-255 i art. 266.

§ 2. Use, referred to in § 1, expires at the latest after fifty years of its establishment.

Chapter III. Use by agricultural cooperatives

Art. 271. [The Golden Treasury] [123]
The use of land owned by the Treasury may be established for the agricultural production cooperative as right as right on time or indefinitely. In any case, such use shall expire upon the liquidation of a cooperative.

Art. 272. [Ownership of buildings]

§ 1.[124] If the agricultural production cooperative shall be forwarded to the built-up land use of the Treasury, transmission buildings and other facilities can be made either to use, or the property.

§ 2. [125] Buildings and other facilities built by the agricultural production cooperative in your usage of its ground of the Treasury are the property of the cooperative, unless the decision to transfer the land has been reserved, that is to become the state-owned.

§ 3. The separate ownership of buildings and other facilities, provided in the preceding paragraphs, is a right associated with the use of land.

Art. 273. [Buildings after the expiry of Use] [126]
If the land use of the Treasury by the agricultural production cooperative has expired, buildings and other devices permanently connected with land and owned cooperatives are owned by the Treasury. Cooperative may require payment of the value of these buildings and equipment at the expiry of Use, unless they have been raised against the social and economic destiny of the land.

Art. 274. [Plants] [127]
Provisions concerning ownership of buildings and other facilities on the basis of your usage of the Treasury by agricultural production cooperative shall apply to the trees and other plants.

Art. 275. [Change of purpose and substance] [128]
Agricultural production cooperative may change the destiny of their land-use of the Treasury or affect their substance, unless the decision to transfer the land otherwise provided.

Art. 276. [129]
(deleted)

Art. 277. [Contributions ground]

§ 1. Where the constitution of agricultural production cooperative or a cooperative agreement with the member decides otherwise, cooperative purchases with the transfer of contributions made by members of their use of land.

§ 2. For contributions of land, the provisions of the obligation to preserve the form of a notarial act for the establishment of use of property.

Art. 278. [Change of purpose and substance]
Statute of the agricultural production cooperative may permit, that – the requirements of a proper implementation of the cooperative task – it has the power to change the use of contributions of land and the power to intrude upon their substance, or one of these powers.

Art. 279. [Buildings and plants]

§ 1. Buildings and other facilities built by agricultural cooperatives on the basis of forming land contribution becomes the property of. The same applies to trees and other plants planted or sown by the cooperative.

§ 2. Upon termination of use of the land plot, where there are buildings or equipment owned by the cooperative, can be acquired by the cooperative ownership on payment of the value at the expiry of Use. Trees and other plants planted or sown by the cooperative will become the property of the landowner.

Art. 280. [130]
(deleted)

Art. 281. [130]
(deleted)

Art. 282. [130]
(deleted)

Chapter IV. Other accidents of Use

Art. 283. [131]
(deleted)

Art. 284. [Return] [132]
For other cases use by legal persons, the provisions of Chapter I and Chapter II respectively of this chapter, unless the use is not otherwise regulated by other provisions.

Section III. Easement

Chapter I. Easement

Art. 285. [Contents; the]

§ 1. The property may be charged to the owner of another property (Property władnącej) law, the content of which is either on the, władnącej that the property owner may use within a given range of the servient estate, or on the, that the owner of the servient estate is limited in potency to make in relation to the specific actions, or at the, that the owner of the servient estate must not exercise certain powers, which he is entitled to the estate władnącej under the provisions of the content and implementation of property (easement).

§ 2. Easement may only be to increase the usefulness of the property władnącej or designated part.

Art. 286. [In favor of agricultural cooperatives]
In the agricultural production cooperative easement can be established regardless of, or cooperative owns the land.

Art. 287. [The scope and performance]
Scope of easement and how it is performing a, in the absence of other data, according to the principles of social life, taking into account local custom.

Art. 288. [Develop]
Easement should be done in such a way, to the least hindered the use of the servient estate.

Art. 289. [Maintenance of equipment]

§ 1. Unless otherwise agreed to maintain equipment needed to perform easement burden the property owner władnącej.

§ 2. If the obligation to maintain such equipment is loaded on the owner of the servient estate, owner is also personally responsible for carrying out this duty. Personal liability is joint and several co-owners.

Art. 290. [Division of Real Estate]

§ 1. In case of division of property władnącej easement remains in effect for each component created by the division; however, if the easement increases the usefulness of only one or several of them, owner of the servient estate may request an exemption from the terms of the remaining easements.

§ 2. In case of division of the servient estate easement remains in effect for parts formed by the division; however, if the exercise of the easement is limited to one or more of them, owners of other parts may require their release from servitude.

§ 3. If, through the division of property or real property encumbered władnącej how to perform an easement needs to be changed, This way in the absence of agreement between the parties shall be determined by the court.

Art. 291. [Change in exercise]
If, after the establishment of easements created an important economic need, owner of the servient estate may claim for payment or change the content way in which the easement, except that the requested change would disproportionately harm the property władnącej.

Art. 292. [Prescription]
Easement may be acquired by prescription only in the case, when is the use of permanent and visible devices. The rules for acquiring real property by adverse possession shall apply accordingly.

Art. 293. [Failure]

§ 1. Easement expires due to inactivity for ten years.

§ 2. If the content of the easement is the obligation not to make, This provision applies only, when the servient estate was established ten years the state of affairs contrary to the wording of the easement.

Art. 294. [The abolition of reward]
Servient estate owner may demand the abolition of easements for consideration, if the result of changes in the relationship easement has become particularly onerous for him, and it is not necessary for the proper use of the property władnącej.

Art. 295. [Abolition without pay]
If the easement for the property had lost all meaning władnącej, owner of the servient estate may demand the abolition of servitude without pay.

Chapter II. Personal servitude

Art. 296. [Contents]
The property may be charged to the designated individual law, the content of which corresponds to the easement (personal servitude).

Art. 297. [Return]
For personal servitude, the provisions of służebnościach land subject to the provisions of this chapter.

Art. 298. [The scope and performance]
The scope of personal servitude and the way the exercise is to, in the absence of other data, according to their personal needs, taking into account the principles of social life and customs of the local.

Art. 299. [Expiry]
Personal easement shall expire no later than the death of the holder.

Art. 300. [The personal nature of the]
Personal servitudes are not transferable. You also can not delegate the authority to perform them.

Art. 301. [Easement housing]

§ 1. Easement with dwelling house may adopt the spouse and minor children. Other people can accept only, when they are held by him or needed in carrying out household. Children adopted as minors may remain in the apartment after the age of majority.

§ 2. You can make an appointment, that after the death of an easement holder will be entitled to home to his children, parents and spouse.

Art. 302. [Develop]

§ 1. Easement with a property can use the facilities and equipment intended for common use of residents of the building.

§ 2. The mutual relations between the housing having an easement and the owner of the servient estate, the provisions for use by individuals.

Art. 303. [Conversion to annuity]
If the recipient of the personal servitude may be glaring deficiencies in the performance of his right, owner of the servient estate may require replacement easements to retire.

Art. 304. [The exclusion of prescription]
Personal servitude can not be acquired by prescription.

Art. 305. [Payment of real property to a cooperative]
If the property to pay a personal easement was brought as a contribution to the agricultural production cooperative, cooperative may be important reasons to demand changes in the way in which the easement or its conversion into a pension.

Chapter III. Transmission easement[133]

Art. 3051. [What the law]
The property may be charged to the trader, who intends to construct or owns facilities, referred to in Article. 49 § 1, law consists in the, that a trader may use within a given range of the servient estate, the intended purpose of these devices (transmission easement).

Art. 3052. [The agreement to establish a transmission easement]

§ 1. § gels property owner refuses to conclude an agreement to establish a transmission easement, and it is necessary for the proper use of equipment, referred to in Article. 49 § 1, operator may request the establishment of an adequate charge.

§ 2. If the trader refuses to conclude an agreement to establish a transmission easement, and it is necessary to use the equipment, referred to in Article. 49 § 1, property owner can claim a salary in exchange for the establishment of transmission easements.

Art. 3053. [The transition law, extinction]

§ 1. Transmission easement passes to the buyer or the buyer company equipment, referred to in Article. 49 § 1.

§ 2. Transmission easement expires at the latest at the conclusion of the liquidation of the company.

§ 3. After the expiry of the transmission easement, the entrepreneur is required to remove equipment, referred to in Article. 49 § 1, hinder the use of the property. If it would cause undue hardship or expense, entrepreneur is obliged to repair the resulting damage.

Art. 3054. [Return]
For the transmission easement, the provisions of służebnościach ground.

Dział IV. Pledge

Chapter I. Pledge on movables

Art. 306. [Scope and content]

§ 1. In order to secure a claim may be marked with the right to charge a mobile, under which the creditor will be able to claim satisfaction from the things, regardless of, Whose became the property of, and priority over personal creditors of the owner of goods, except those, which by law have priority of specific.

§ 2. The pledge can be established in order to secure future or contingent claims.

Art. 307. [Establishment]

§ 1. Required to pledge is an agreement between the owner and the creditor and, Subject to the exceptions provided by statute, delivery of goods to the claimant or a third party, to which the parties had agreed.

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

§ 3.[134] The pledge is effective against creditors of pledger, if the contract of pledge was concluded in writing with the date of a.

Art. 308. [Registered pledge] [135]
You can also claim secured by a registered pledge, which are governed by separate legislation.

Art. 309. [The establishment of the unauthorized]
The provisions of the acquisition of movable property from a person not entitled to dispose of it shall apply to the pledge.

Art. 310. [Priority]
If at the time the lien is no longer charged to other property right, lien arose after the law takes precedence over previously formed, unless the pledgee acted in bad faith.

Art. 311. [Disposal of thing]
Never mind the restriction, through which the pledger undertakes to respect the pledgee, that will not transfer or load of things before the expiration of the lien.

Art. 312. [Mode to meet] [136]
Satisfaction of the lien holder is loaded with things according to rules of court enforcement proceedings.

Art. 313. [Agreement on forfeiture]
If things are pledged to set by ordinance of the competent state body stiff price, You can make an appointment, that in the event of default of payment of the debt they accrue in proportion to the ownership of a pledgee, instead of payment, according to the price of the maturity of the secured debt.

Art. 314. [Scope of protection] [137]
The pledge secures the claim of interest for the last three years before disposing of things in enforcement proceedings and bankruptcy, costs awarded in an amount not exceeding a tenth of the capital and other side effects claim for benefits, in particular a claim for compensation due to non-performance or improper performance of obligations and for reimbursement of expenses for.

Art. 315. [Pleas pledger]
Pledger is not a debtor may, irrespective of objections, which he is personally against the pledgee is entitled, raise objections, enjoyed by the debtor, as well as those, Released by the debtor after the establishment of a lien.

Art. 316. [Limitation of Liability downward]
The pledgee may claim satisfaction from the pledged things, regardless of the limitation of liability of the debtor under the law of succession.

Art. 317. [Satisfaction if the limitation]
Limitation of claims secured by a lien does not affect the right of the pledgee to obtain satisfaction from the things loaded. Foregoing provision shall not apply to claims for interest or other benefits incidental.

Art. 318. [Responsibilities of pledgee]
Pledgee, thing which has been released, should watch over her behavior with the provision of custody for consideration. After the expiry of the lien should return the pledger.

Art. 319. [Benefits]
If you pledged to bring the benefits, pledgee shall, Unless otherwise agreed in, download them and counted against the claims and related claims. After the expiry of the pledge pledger is obliged to submit a bill.

Art. 320. [Expenditures]
If the pledgee has made investments in the, to which he was not obliged, , the provisions for the conduct of others' affairs.

Art. 321. [The risk of things]

§ 1. If the thing pledged is vulnerable to loss or damage, pledger can request or make things a court deposit, or the return of things while setting up another as security for claims, or sale of.

§ 2. In the event of a sale of collateral is transferred to the resulting price, which should be deposited with the court.

Art. 322. [Limitation]

§ 1. The claim against the pledgee pledger for damages due to the deterioration of things, as well as against the pledgee pledger claim for reimbursement of expenses for the benefit shall expire after one year of the return of things.

§ 2. [138] (deleted)

Art. 323. [The effects of transfer]

§ 1. Transfer of claims secured by a lien entails the transfer of lien. In case of transfer of receivables, excluding lien lien expires.

§ 2. The pledge can not be moved without the debt, which protects.

Art. 324. [Assignee Permissions]
Buyer claims secured by a lien may require the vendor's delivery of goods loaded, If the pledger agrees. In the absence of such consent, the purchaser may require that a court deposit items.

Art. 325. [Return of things]

§ 1. If the pledger to the pledgee returns, lien expires regardless of the objections against.

§ 2. The pledge does not expire even though the sale of goods encumbered by the lien on the property, the debt is secured by a pledge to pay the right of a third party or on behalf of busy.

Art. 326. [Statutory lien]
The provisions of this chapter shall apply mutatis mutandis to the pledge, that arises by operation of law.

Chapter II. Pledge on Rights

Art. 327. [Range]
The subject of the pledge may be the right, if they are transferable.

Art. 328. [Return]
To pledge on rights, the provisions of the lien on movables subject to the provisions of this chapter.

Art. 329. [Establishment]

§ 1. To establish a lien on the law, the provisions of the transfer of this right. However, the pledge agreement should be concluded in writing with the date of a, even agreement on the transfer of this form does not require.

§ 2. If the pledge of receivables does not occur by the release of the document or by endorsement, needed to establish a lien debtor a written notice of claims by the valve.

Art. 330. [Conservative Operations]
The pledgee may perform all acts and to pursue any claims, which seeks to preserve lien rights under load.

Art. 331. [Termination of claims loaded]

§ 1. If the maturity of debt loaded depends on the termination of the creditor, pledger may withdraw without the consent of the pledgee. If the debt is secured by a lien due, pledgee may claim the amount ordered to denounce the claims secured by.

§ 2. If the maturity of the pledged claim depends on the termination of the debtor, termination should take place as the pledgee.

Art. 332. [The pledge to provide]
In case of performance pledge on the receivables transferred to the object of the provision.

Art. 333. [Receipt of benefits]
To receive benefits are entitled to claim the pledger and the pledgee together. Each of them may demand performance of the obligation to hand them both together or make the object the provision of legal deposit.

Art. 334. [The provision of early]
If the debtor meets the pledged debt provision, before the secured debt becomes due, both the pledger, and the pledgee may require a deposit subject to the provision of legal.

Art. 335. [Satisfaction of the secured claim of monetary]
If the debt is secured by a pledge of money already due, instead of the pledgee may demand payment, pledger moved to claim him encumbered, if monetary, to the amount of debt secured by a lien. The pledgee may claim please him on this account of the debts in priority to for part of pledger.

Tytuł IV. Possession

Art. 336. [Having a self-contained and dependent]
Possessor of a thing is both the, who actually owns it as owner (holder of the independent), Jak i ten, who actually owns it as a user, pledgee, tenant, tenant or with other law, which connects to the specified lord it over someone else's thing (holder of the dependent).

Art. 337. [Synchronism]
The holder does not lose ownership per se by the, another thing that gives possession of the dependent.

Art. 338. [Wielding]
Who actually owns it for someone else, is the possessor of.

Art. 339. [Presumption that spontaneous]
Is presumed, ¿e ten, who actually owns it, is the holder of an autonomous.

Art. 340. [Presumption of continuity]
Continuity is presumed to have. The inability to have induced transient barrier does not stop holding.

Art. 341. [The presumption of legality]
Is presumed, that possession is consistent with the legal. This presumption also applies to possession by the former holder.

Art. 342. [Prohibition violations]
Do not violate arbitrarily holding, even if the holder was in bad faith.

Art. 343. [The defense needed; self-help]

§ 1. The holder may apply the necessary defense, to resist arbitrary infringement of possession.

§ 2. The holder of the property may soon have a willful breach of his own actions to restore the previous state; But he must not be used for the violence against people. The holder of a movable, If danger threatens him with irreparable damage, may soon have an arbitrary deprivation of him to take the necessary self-help to restore the previous state.

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

Art. 3431. [Possession of premises] [139]
To protect the possession of the premises, the provisions on the protection of ownership.

Art. 344. [Claims for protection]

§ 1. Against this, who have willfully violated, as well as against, for whose benefit the offense was, holder shall have a claim for restitution of infringements and. This claim is not dependent on the good faith of the holder or to comply with the legal ownership, unless a final court decision or another appointed to hear cases of this kind the government agency said, holding that the state created by the infringement is consistent with the law.

§ 2. The claim expires, if not claimed within one year from the date of breach.

Art. 345. [The effect of restoring]
Having restored shall be deemed not abandoned.

Art. 346. [Protection between the joint holders]
A claim for protection of ownership does not apply in relations between the joint holders of the same thing, if not impossible to determine the scope of co-ownership.

Art. 347. [Cessation of construction]

§ 1. The holder of the property entitled to a cessation of construction, if the construction would infringe its possession, or threaten to cause him harm.

§ 2. A claim may be brought before the construction; It expires, if not claimed within one month of the start of construction.

Art. 348. [Moving through the issuance of]
The transfer of ownership shall be effected by delivery of goods. Issuance of documents, disposal that allow it, as well as the issue of, that give real control over it, is equivalent to issuing the same thing.

Art. 349. [Without the power to]
Transfer of ownership may also occur spontaneously in this way, that the current holder of the spontaneous keep in his possession as holder or as a dependent under the possessor of the legal relationship, which simultaneously determine the.

Art. 350. [By the contract and notice]
If an item is held by a subsidiary or third party dzierżeniu, spontaneous transfer of ownership shall be effected by agreement between the parties and the notice or keepers of any beneficial.

Art. 351. [By agreement]
The transfer of ownership inherent in subsidiary or the holder shall be determined by the keepers of the agreement between the parties.

Art. 352. [Possession of an easement]

§ 1. Who actually uses another's property to the extent of the easement, is the holder of the easement.

§ 2. To have an easement, the provisions on the possession of things.

Book three. Liabilities

Title I. General Provisions

Art. 353. [Concept]

§ 1. The commitment is that, that the creditor may require the debtor to provide, and the debtor must provide to meet.

§ 2. Provision may rely on the action or the failure to.

Art. 3531. [The limits of freedom of contract] [140]
Contracting parties may adjust the legal relationship at its discretion, provided that its contents or purpose does not contradict the properties (nature) against, Act or the rules of social intercourse.

Art. 354. [Method of execution]

§ 1. The debtor must make a commitment as to its content in a manner appropriate to the purpose of socio-economic, and social norms, and if there is in this respect established customs – in a manner corresponding to the customs.

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

Art. 355. [Due diligence]

§ 1. The debtor is obliged to care generally required in the type of relations (due diligence).

§ 2. [141] Due diligence of the debtor in the course of his business activity is determined taking into account the professional nature of this activity.

Art. 356. [Performer]

§ 1. A creditor may request the debtor's personal benefit only, when it is clear from the legal action, of the Act or of the properties to provide.

§ 2. If the debt payment is due, creditor can not refuse to accept benefits from third party, even acted without the knowledge of the debtor.

Art. 357. [The quality of things]
If the debtor is obliged to provide the things marked with only the species, and the quality of stuff is not marked by applicable law or by legal action or due to circumstances, the debtor must provide the things of average quality.

Art. 3571. [The extraordinary change in the relationship] [142]
If due to hardship such an obligation would be linked to excessive difficulties or would threaten one of the parties gross loss, which the parties did not provide a contract of, court may, after considering the interests of the parties, accordance with the rules of social, determine the manner of performance, amount of benefit, or even decide whether to terminate the contract. Upon termination the court may, where necessary, rule on the settlement sites, Guided by the principles set out in the preceding sentence.

Art. 358. [The principle of foreign-exchange] [143]

§ 1. If the object is the sum of monetary liabilities denominated in foreign currency, debtor may satisfy the provision in the Polish currency, unless the law, court decision as a source of liability or legal action meeting to provide reserves in foreign currency.

§ 2. The value of foreign currency is determined by the average exchange rate announced by the Polish National Bank on the maturity of the claim, unless the law, judicial decision or legal action otherwise. In the event of default of the debtor the creditor may demand of performance in the Polish currency at the exchange rate announced by the Polish National Bank of, in which the payment is made.

Art. 3581. [Nominalizm; valorization] [144]

§ 1. If a public commitment from the moment of its creation is the sum of money, such an obligation is by paying a nominal sum, unless specific provisions provide otherwise.

§ 2. The parties may stipulate in the contract, that the amount of the cash benefit will be determined by any other measure of value than money.

§ 3. In the event of a material change in purchasing power after the commitment, court may, after considering the interests of the parties, accordance with the rules of social, change the amount or manner of performance of funds, even though they agreed in the judgment or agreement.

§ 4. The request to amend the amount or manner of performance money can not occur carries on the business side, if the provision remains in connection with the operation of this company.

§ 5. The provisions of § 2 i 3 not prejudice the provisions governing the height of prices and other cash benefits.

Art. 359. [Interest]

§ 1. [145] Interest on the amount of money owed to only, as is clear from the legal action, or the law, the judgment or the decision of another competent authority.

§ 2. If the interest is not otherwise specified, include the statutory interest.

§ 21.[146] The maximum amount of interest arising from legal action may not exceed four times the annual loan interest rate of the Polish National Bank (maximum interest).

§ 22.[147] If the amount of interest resulting from a transaction exceeds the maximum interest, are the maximum interest.

§ 23.[148] Contract terms can not exclude or limit the provisions on the maximum interest, Also, if the choice of foreign law. In such case the provisions of the Act.

§ 3. [149] Council of Ministers shall, by regulation[150] , the statutory interest, guided by the need to ensure payment discipline and smooth conduct of monetary settlements, taking into account the amount of market interest rates and interest rates, the Polish National Bank.

Art. 360. [Maturity]
In the absence of a claim as to when interest payments are payable annually in arrears, and if the due date an amount of money is less than one year – simultaneously with the payment of this sum.

Art. 361. [Causation; injury]

§ 1. Required to pay compensation is liable only for the normal consequences of an act or omission, from which the damage resulted.

§ 2. The above limits, in the absence of a provision of the Act or the provisions of the agreement, Damages cover loss, that the victim suffered, and benefits, which could achieve, if he does not damage done to.

Art. 362. [Contribute]
If the victim contributed to the creation or increase of the damage, the obligation to repair is correspondingly diminished according to circumstances, and especially to the degree of fault on both sides.

Art. 363. [Compensation for damage]

§ 1. Damages should be, patient choice, either through restitution, or by paying the appropriate sum of money. However, if restitution is impossible or would entail undue hardship for the debtor or the cost, victim's claim is limited to benefits in cash.

§ 2. If redress is sought for the money, compensation should be determined according to prices from the date of determination of compensation, unless special circumstances require the adoption of the basis of the prices charged at other time.

Art. 364. [How to do]

§ 1. Whenever the law provides for the obligation to protect, security should be made by depositing money into court deposit.

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

Art. 365. [Commitment alternating]

§ 1. If the debtor is liable in this way, that an undertaking may be made by any one of several benefits (commitment alternating), range of benefits to the debtor, unless legal action, of the Act or the circumstances indicate, that choice is entitled to a creditor or a third.

§ 2. The choice is made by a declaration on the other side. If you are entitled to choose between the debtor, he can also choose by way of providing.

§ 3. If a party is entitled to choose to provide this choice does not make, the other party may designate for this purpose the term. After the expiry of the deadline to choose the right pass to the other party.

Art. 3651. [Termination of continuous commitment] [151]
Indefinite commitment of a continuing nature shall expire at the termination of the debtor or creditor subject to contractual terms, statutory or customary, in the absence of such terms immediately after the termination.

Title II. Several debtors or creditors

Section I. Joint and several commitments

Art. 366. [Solidarity debtors]

§ 1. Several persons may be liable in this way, that the creditor may require all or part of the provision of all debtors, including, few of them or from each individual, and the satisfaction of the creditor by any of the debtors releases the other (solidarity of debtors).

§ 2. Up to the complete satisfaction of the creditor all debtors are jointly and severally liable.

Art. 367. [Solidarity creditors]

§ 1. Several creditors may be authorized in this way, that the debtor can satisfy all benefit into the hands of one of them, and by satisfying any of the creditors of the debt expires in respect of all (solidarity creditors).

§ 2. The debtor can satisfy the provision of, of their choice, into the hands of any of the solidary creditors. However, if the court is seised by one of the creditors, the debtor must meet to provide for his hands.

Art. 368. [Differentiation]
The obligation may be solidary, even if each of the debtor was required in a different way, or even a common debtor was required in a different way with respect to each of the creditors.

Art. 369. [Base]
A liability is joint and several, if it results from the law or with legal action.

Art. 370. [Common property]
If several people has given a commitment to their common property, they are jointly and severally liable, unless otherwise agreed.

Art. 371. [Protecting współdłużników]
The acts and omissions of one of the solidary debtors can not harm współdłużnikom.

Art. 372. [The statute of limitation]
Interruption or suspension of the limitation period in relation to a person liable does not have the effect of the współdłużników.

Art. 373. [The exemption of the debtor]
The exemption from or waiver of a debt by a creditor solidarity against one person liable does not have the effect of the współdłużników.

Art. 374. [Renewal; delay of the creditor]

§ 1. Renewal made between the creditor and one of the solidary debtors releases współdłużników, unless the creditor has reserved, it retains its rights against them.

§ 2. The delay of the creditor against one solidary obligor is due also to współdłużników.

Art. 375. [Pleas]

§ 1. Joint and several debtor can defend itself against allegations, He personally enjoyed the creditor, as well as those, which, due to a rise or content of the commitments are common to all debtors.

§ 2. Judgment were made in favor of one of the solidary debtors releases współdłużników, if it includes allegations, that are common to them all.

Art. 376. [Regression between współdłużnikami]

§ 1. If one of the solidary debtors his performance, content of the existing legal relationship between współdłużnikami resolve the matter, whether and in what parts of it may demand the return of współdłużników. If the content of this ratio does not lead to any different, debtor, that the provision met the, may request a refund in equal shares.

§ 2. Part attributable to an insolvent debtor is distributed between współdłużników.

Art. 377. [Protection of the joint]
The delay of the debtor, as well as the interruption or suspension of the limitation period with respect to one of the solidary creditors has the effect of the terms of the joint.

Art. 378. [Regression between współwierzycielami]
If one of the solidary creditors accepted the provision of, content of the existing legal relationship between współwierzycielami resolve the matter, whether and in what areas is the responsibility of the joint. If the content of this ratio does not lead to any different, creditor, who adopted the provision, is responsible in equal shares.

Section II. Divisible and indivisible obligations

Art. 379. [Concept]

§ 1. If there are several creditors or several debtors, a provision is divisible, both debt, and debt are divided into many independent parts, how many debtors or creditors. These parts are equal, if the circumstances do not lead to any different.

§ 2. Provision is divisible, if it can be partially met without substantially changing the subject or the.

Art. 380. [The liability of the debtors]

§ 1. Debtors must provide undivided are responsible for such an obligation as solidary debtors.

§ 2. Unless otherwise agreed the debtors required to deliver a divisible are responsible for the fulfillment of solidarity, if the mutual benefit of the creditor is indivisible.

§ 3. Debtor, who fulfilled the provision of indivisible, require the remaining debtors refund of benefits by the same rules as joint and several debtor.

Art. 381. [The powers of creditors]

§ 1. Where several creditors are entitled to an undivided, each may require fulfillment of all benefits.

§ 2. However, when the opposition least one of the creditors, the debtor is obliged to provide all creditors, including the provision of or made the subject of a court deposit.

Art. 382. [Protection of debtors]

§ 1. Debtor of the debt relief by one of the creditors entitled to provide undivided no effect relative to other creditors.

§ 2. The delay of the debtor, as well as the interruption or suspension of the limitation period with respect to one of the creditors entitled to an undivided has the effect of the other creditors.

Art. 383. [Regression between creditors]
If one of the creditors entitled to an undivided adopted a provision, he is liable to other creditors under the same rules as a creditor solidarity.

Title III. The general rules of contract

Art. 384. [The binding pattern, consumer] [152]

§ 1.[153] Determined by one of the standard contract, in particular general terms and conditions, model contract, regulations, involves the other side, if it was served before the conclusion of the contract.

§ 2. In the event that use of the standard is in the relations of the type customarily accepted, even if it involves, when the other side could easily find out about its content. Does not apply to contracts concluded with consumers, with the exception of contracts generally concluded in minor, current issues of everyday life.

§ 3. [154] (repealed)

§ 4. [155] If a party uses standard contract in electronic form, should make it available to the other side before concluding the contract in such a way, pattern so that it can store and play it in the ordinary course of business.

§ 5. [156](repealed)

Art. 3841. [Continuous commitment] [157]
Pattern released during the course of a continuing contract involves the other side, if it were preserved the requirements of Article. 384, and the party did not comment on the agreement at the earliest date of notice.

Art. 385. [Contradiction to the agreement, interpretation] [158]

§ 1. In the event of a conflict with the standard contents of the contract agreement, the parties are bound by.

§ 2.[159] Standard contract should be worded clearly and explicitly. Explained by the ambiguous provisions in favor of the. Principles expressed in the preceding sentence shall not apply in proceedings for recognition provisions of standard contracts illegal.

Art. 3851. [Prohibited clauses] [160]

§ 1. The provisions of the contract agreed with the consumer not individually do not bind him, if the shape of its rights and obligations in a manner contrary to good morals, gross violation of the interests (unfair contract terms). This does not include provisions setting out the main obligations of the parties, in the price or remuneration, if they were formulated in an unequivocal manner.

§ 2. Where a provision of the contract in accordance with § 1 not binding on the consumer, parties are bound by the remainder of the.

§ 3. There are those individually negotiated terms of the contract, in which the content consumer has no real impact. In particular, it refers to the provisions of the contract inherited from the standard contract proposed to the consumer by the contractor.

§ 4. Burden of proof, that provision has been agreed individually, rests on the, who relies on it.

Art. 3852. [Assessment of the contract] [161]
Assessment of compliance with the provisions of the agreement morality is made as of the time the agreement, taking into account the content, circumstances and given the conclusion of agreements in connection with the contract includes a provision under review.

Art. 3853. [Catalog] [162]
If in doubt, be deemed to, unauthorized contractual provisions that are the, which in particular:

1) exclude or limit liability to the consumer for personal injury,

2) exclude or significantly limit the liability of the consumer for non-performance or improper performance of obligations,

3) exclude or significantly limit the consumer's set-off claim on the other hand,

4) provide for provisions, which the consumer had no opportunity to know before entering into a contract,

5) contractor shall allow the consumer to transfer the rights and transfer of responsibilities under the contract without the consent of the consumer,

6) make an agreement on the promise by the consumer to conclude further agreements in the future similar,

7) make the conclusion, content or performance of the contract to enter into another allows you, no direct connection with a contract containing a provision evaluated,

8) make such an obligation is dependent on the circumstances of the contractor only on the will of the consumer,

9) contractor to give consumers the power to make binding interpretations of the agreement,

10) contractor entitle the consumer to unilaterally change the contract without valid reason specified in this contract,

11) only give the consumer the right contractor for ensuring compliance with the contract provision,

12) exclude the obligation to reimburse the consumer paid for the provision of payment is not satisfied in whole or in part, if the consumer decides not to conclude an agreement or its implementation,

13) provide for the loss of the right of recovery provision of the consumer fulfilled earlier than the provision of contractor, if the parties express, resolve or refrain from making contracts,

14) turer konsum only deprive the power to terminate the contract, withdrawal from the contract or its termination,

15) reserve the right consumer to the counterparty to terminate a contract for an indefinite period, without any indication of good cause and adequate notice,

16) impose solely on the consumer to pay a fixed sum in case of resignation from the conclusion or performance of the contract,

17) impose on the consumer, has not complied with the undertakings or withdrawn from the agreement, obligation to pay grossly excessive penalty or Skrivanek,

18) a, that the contract concluded for a definite period shall be extended, if the consumer, which is claimed to be abnormally short term, does not make the opposite statement,

19) provide the consumer contractor only for the unilateral power to amend, without valid reasons, essential features of the provision,

20) turer kontrah provide the consumer the right to establish or increase the price or remuneration after the contract without giving the consumer the right of withdrawal,

21) make the contractor's responsibility to comply with the obligations of the consumer by the person, through which it enters into a contract with the consumer or for which help carry out its commitment, Or make this responsibility from the fulfillment of the consumer overly burdensome formalities,

22) impose a duty of performance by the consumer, despite non-performance or improper performance of obligations by the contractor,

23) exclude the jurisdiction of Polish courts or submit the matter to arbitration Polish or foreign, or other body, and to impose the court hearing the case, which according to law is not locally relevant.

Art. 3854. [Conflict Forms] [163]

§ 1. The agreement between businesses using different standard contract does not include those of standard, which are contradictory.

§ 2. The agreement is not concluded, when, after receiving the offer page immediately notify, it does not intend to enter into contracts as provided in § 1.

Art. 386. [164]
(repealed)

Art. 387. [The inability to provide primary]

§ 1. The contract for the provision can not be null.

§ 2. Page, which at the time the contract was aware of the impossibility of providing, the other hand, the error is not moved, is obliged to repair the damage, which the other party has suffered through this, entered into an agreement that not knowing about the failure to provide.

Art. 388. [Exploitation]

§ 1. If a party, exploiting forced position, incompetence or inexperience on the other hand, in exchange for their provision adopts or reserves to itself or to a third party to provide, whose value at the time of the contract exceeds the value of the gross extent of its own to provide, other party may require the reduction or increase their benefits due its benefits, in the case when both would be extremely difficult, it may request the cancellation of the contract.

§ 2. These powers shall expire two years from the date of the contract.

Art. 389. [Preliminary agreement] [165]

§ 1. Agreement, by which one or both sides are committed to concluding the agreement marked (preliminary agreement), should specify the relevant provisions of the final agreement.

§ 2. Accept it terms f, within which a contract is to be promised, has not been set, it should be concluded within a reasonable time limit set by the party entitled to request the preliminary agreement. If both parties are entitled to request the preliminary agreement, and each set a different date, binding site by the deadline, which has already filed a statement. If within one year of the conclusion of the preliminary agreement was not a deadline to conclude the final agreement, You can not claim to its conclusion.

Art. 390. [Effects of] [166]

§ 1. If a party is obligated to conclude a final agreement declines to its conclusion, other party may claim damages, they have suffered by, hoping to conclude a final agreement. The Parties may, in the preliminary agreement differently determine the extent of damages.

§ 2. However, when the preliminary agreement satisfies the requirements, which determine the validity of the final agreement, in particular as concerns the form, entitled party may seek preliminary agreement.

§ 3. Claims of the preliminary contract shall expire after one year of, where the promised contract had to be concluded. If the court gave request of the preliminary agreement, claims of the preliminary contract shall expire after one year of, in which the judgment became final.

Art. 391. [The contract for the provision by a third party]
If the contract stipulated, that a third party entering into a specified undertaking or meets a particular benefit, ten, who has made such a promise, is responsible for the damage, which the other party shall be borne by the, that the third party refuses to incur obligations or does not comply with the provision of. However, it can free itself from the obligation of meeting the promised compensation provision, unless there is a provision of the contract or property.

Art. 392. [The agreement for the release of the debtor]
If a third person committed by contract to release the debtor from the obligation to provide, It is accountable to the debtor for that, that the creditor will not ask him to meet the provision of.

Art. 393. [The contract for the provision to a third party]

§ 1. If the contract stipulated, that the debtor meets the provision for a third party, person, in the absence of contrary provisions of the agreement, may request directly from the debtor's fulfillment of a reserved benefit.

§ 2. Objection to the obligation to provide to a third party may not be revoked or amended, if a third party said any party, he wants to claim benefit.

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

Art. 394. [Deposit]

§ 1. In the absence of a contractual claim or pledge of a habit in a contract is relevant, that in the event of breach of contract by one party to the other party may, without an additional term to withdraw from the contract and received the pledge to keep, and if she gave him, may require double the amount.

§ 2. If execution of the contract deposit is applied towards the provision of the, which gave him; credit if it is not possible, deposit shall be returned.

§ 3. In the event of termination of the deposit should be returned, and the obligation to pay double the amount eliminated. The same applies to the case, where non-contract was due to circumstances, for which neither party liability or responsibility on both sides.

Art. 395. [Contractual right to withdraw]

§ 1. Can be restricted, that one or both parties will be entitled within the time limit the right of withdrawal. This right shall be exercised by a declaration on the other side.

§ 2. In the event of exercise of the right to withdraw the contract is considered to be not included. To, as the parties have already testified, is returned unchanged, unless a change was necessary in the ordinary management. For services rendered and for the use of things you should be the other side of adequate remuneration.

Art. 396. [Odstępne]
If you have reserved, that one or both parties may withdraw from the contract as determined remuneration (odstępne), statement of withdrawal is effective only if, when it was submitted simultaneously with the payment Skrivanek.

Tytuł IV. [167] (deleted)

Art. 397.
(deleted)

Art. 398.
(deleted)

Art. 399.
(deleted)

Art. 400.
(deleted)

Art. 401.
(deleted)

Art. 402.
(deleted)

Art. 403.
(deleted)

Art. 404.
(deleted)

Tytuł V. Unjust enrichment

Art. 405. [Concept]
Who is without a legal basis has been a financial benefit at the expense of another person, is obliged to deliver benefits in kind, and if it was not possible, to return its value.

Art. 406. [Surogaty]
Obligation to deliver the benefits include not only benefit directly obtained, but also all, as in the case of sale, loss or damage was obtained in return the benefit or as compensation for damage.

Art. 407. [Free Regulation benefit]
Jeżeli ten, who has no legal basis has been a financial benefit at the expense of another person, decreed for the benefit of a third party free of charge, required to deliver the benefits pass to the third party.

Art. 408. [Settlement of investment]

§ 1. Required to deliver the benefits may request reimbursement of expenditures necessary for many, unless they were in service coverage, which one has achieved. Reimbursement of other expenses may require so much, provided that increase the value of benefits at the time of its release; however, can take these expenditures, restoring the previous state.

§ 2. Who knew making the effort, that the advantage he should not be, This may require reimbursement of expenses only to the extent, provided that increase the value of benefits at the time of its release.

§ 3. [168] When requesting the release of benefit is required to pay back, the court may instead of issuing benefits in kind, order the payment of its value in cash, net of outlays, requestor would be required to pay.

Art. 409. [Termination of the obligation to repay]
Obligation to deliver benefits or refund of its value expires, jeżeli ten, who received the benefit of, it consumed or lost in such a way, that is no longer enriched, unless the benefits of discarding or consuming it should have to reckon with the obligation to repay.

Art. 410. [Undue benefit]

§ 1. The provisions of the preceding Articles shall apply in particular to provide undue.

§ 2. The benefit is not due, jeżeli ten, who met them, was not required at all or was not liable to the person, which rendered, or if the basis for the provision of dropped out or intended use of the provision has not been achieved, or if legal action requiring the provision was void and did not become valid upon fulfillment of the provision.

Art. 411. [Exclusion of return] [169]
You can not demand the return of benefits:

1) if you knew the provision meets the, that he was not obliged to provide, unless such an obligation is subject to refund or to avoid coercion or to complete a void legal transaction;

2) Where such an obligation meets the social norms;

3) where the benefit is met in order to claim compensation przedawnionemu;

4) where the benefit is met, before the debt becomes due.

Art. 412. [Forfeiture of benefits] [170]
The court may order the forfeiture of benefits to the State Treasury, if the provision was deliberately met in return for a criminal act by law or for the wicked. If the object of the provision is used or lost, may forfeit its value.

Art. 413. [Play and bet]

§ 1. He who does benefit from the game or plant, may not claim reimbursement, unless the game or the bet has been prohibited or unreliable.

§ 2. [171] Claims of the game or business can be claimed only, a game or a bet were conducted with the authorization of the competent state authority.

Art. 414. [Aggregation of claims]
The provisions of this Title shall not prejudice the provisions of the obligation to repair the damage.

Tytuł VI. Unlawful acts

Art. 415. [Fault]
Who is the fault of his injury caused to another, is obliged to remedy the.

Art. 416. [Wine Authority]
The legal person is liable to compensate the damage caused through the fault of her body.

Art. 417. [Responsibilities of the Treasury] [172]

§ 1. For damage caused by an unlawful act or omission in the performance of public authorities responsible the State Treasury or local government entity or other legal person exercising that power under the law.

§ 2. If you perform the tasks of public authority charged with, by agreement, unit of local government or other legal entity, jointly and severally liable for the damage shall be borne by the contractor and ordering them to the local authority or the State.

Art. 4171. [Damage resulting from a legislative measure] [173]

§ 1. If the injury was caused by an act of normative, remedy may be sought after finding discrepancies in the relevant proceedings of this act to the Constitution, ratified international agreement or statute.

§ 2.[174] If the injury was caused by the issuance of a final judgment or final decision, remedy may be sought after finding them in the relevant proceedings is unlawful, unless otherwise provided by law. This also applies to the case, when a final decision or final decision has been issued on the basis of a normative act unconstitutional, ratified international agreement or statute.

§ 3. If the injury was caused by failure to give a judgment or decision, the obligation to issue a provision of law, remedy may be sought after the finding in the relevant proceedings is unlawful failure to judgment or decision, unless otherwise provided by law.

§ 4. If the damage was caused by failure of a normative act, the requirement to issue a provision of law, unlawful failure to act states that the court responsible for damages.

Art. 4172. [Considerations of fairness] [175]
If the lawful exercise of public authority has caused the injury, victim may demand full or partial redress and financial compensation for harm, when circumstances, and especially the victim's inability to work or a difficult material situation, show, that equity so requires.

Art. 418. [176]
(lost its)

Art. 419. [177]
(repealed)

Art. 420. [178]
(repealed)

Art. 4201. [179]
(repealed)

Art. 4202. [180]
(repealed)

Art. 421. [Exclusion of application] [181]
The provisions of Article. 417, art. 4171 i art. 4172 not applicable, If liability for damage caused by the exercise of public authority is governed by the specific provisions.

Art. 422. [Inducement, aiding, use]
Is responsible for damage not only the, who directly caused it, but this, who has another person to cause damage induced or was it helpful, as well as the, who knowingly took advantage of the damage caused to the other.

Art. 423. [The defense needed]
Who acts in self-defense, repelling a direct and illegal attack on the welfare of their own or any other person, is not liable for damage caused attacker.

Art. 424. [State of necessity]
Who destroyed or damaged or killed someone else's benefit or hurt someone else's pet in order to divert from himself or from others of the danger threatening directly from this item or animal, is not responsible for resulting damage, if he does not cause danger, and the danger can not be otherwise prevented, and if the good is, of course, rescued more important than the welfare of affected.

Art. 425. [Insanity]

§ 1. Person, which for any reason is unable to consciously exclusionary or taking of a decision, and the free expression of will, is not responsible for damage caused in this state.

§ 2. But who was disturbed mental functions due to the use of intoxicating beverages, or other similar means, is required to repair the damage, unless the state interference was called without his fault.

Art. 426. [Age]
Minor, under the age of thirteen, is not responsible for the damage.

Art. 427. [Wine in the surveillance]
Who by law or contract is obliged to supervise the person, which because of their age or mental or bodily guilt can not be read, is required to repair damage caused by that person, unless it complied with the obligation of supervision or that the damage would have been well established by careful supervision. This provision shall also apply to persons wykonywających no statutory or contractual constant care of the person, which because of their age or mental or bodily guilt can not be read.

Art. 428. [No charged]
When the perpetrator because of their age or mental or bodily state is not liable for damage, and no persons charged with the supervision, or if you can not get them to remedy, the victim can claim full or partial compensation from the perpetrator, where the circumstances, and especially the comparison of victim and offender property, results, that required by the rules of social.

Art. 429. [Wine in the selection]
Who assigns the operations to another, is liable for damage caused by the offender in carrying out activities entrusted to him, unless it is not at fault in the selection or that the execution of activities entrusted to the person, undertaking or the establishment, which, in respect of their professional activities are engaged in the performance of such activities.

Art. 430. [Superior]
Who is self-employed person assigns the following, that in performing this step is subject to its management and is required to adhere to the guidelines, is liable for damage caused through the fault of the person entrusted with carrying out its activities.

Art. 431. [Animals]

§ 1. Who animal hides or uses it, is obliged to repair damage caused by them regardless of, whether it was under his supervision, or zabłąkało or fled, unless he or, or a person, for which it bears responsibility, not at fault.

§ 2. Even if a person, which animal hides or uses it, was not responsible under the provisions of the preceding paragraph, from the injured party may demand full or partial compensation, where the circumstances, and especially the comparison of the victim and the financial status of this person, results, that required by the rules of social.

Art. 432. [Self-Help]

§ 1. The holder of land can take someone else's pet, which causes injury to the land, if the seizure is necessary to secure a claim for damages.

§ 2. The animal seized the land holder receives statutory lien to secure rightful compensation for the damage and the cost of feeding and maintaining the animal.

§ 3.[182] (deleted)

Art. 433. [Occupying a room]
For damage caused ejection, pouring or falling of any object in the room is in the, who occupies a room, unless the damage was caused by force majeure or solely the fault of the victim or a third party, occupying the room for which he is not liable and that the action could not prevent.

Art. 434. [The holder of the building]
For damage caused by the collapse of a building or part of the breakaway autonomous holder is responsible for building, unless the collapse of the buildings or the separation of its parts not resulted either from lack of maintenance of buildings in good condition, or from a defect in the construction.

Art. 435. [Taking the company]

§ 1. Taking a self-employed undertaking or propelled by the forces of nature (pair, Gas, electricity, liquid fuels, etc.) liable for damage to persons or property, caused by the movement of any person or business enterprise, unless the damage was caused by force majeure or solely the fault of the victim or a third party, for which no responsibility.

§ 2. This provision shall apply mutatis mutandis to undertakings or establishments manufacturing explosives or speakers of such measures.

Art. 436. [The holder of the vehicle]

§ 1. The liability provided for in the preceding article shall also bear the holder of the intrinsic mechanical means of communication is driven by the forces of nature. However, if the holder of an autonomous means of communication gave possession of the dependent, responsibility of the holder depends.

§ 2. In the event of a collision with mechanical means of communication addressed by the forces of nature listed persons may claim compensation for other damages, just on general principles. Also just in general they are responsible for damage to the, the carrying out of politeness.

Art. 437. [Prohibition on exclusions of liability]
You can not exclude or limit liability under the mountains in the two preceding articles.

Art. 438. [Too bad in other people's interests]
Who is to reverse the threat of harm to another or to reverse the common danger forced or even voluntarily suffered material injury, may claim compensation for losses in proportion of people, which take advantage of this.

Art. 439. [Prevention of injury]
Ten, who as a result of the behavior of another person, in particular due to the lack of proper supervision of the movement led by its undertaking or business or the state of the building held by him or another device, directly threatens harm, may require, so that the person has taken measures necessary to ward off imminent danger, and if necessary also, to give adequate protection.

Art. 440. [Restraint of compensation]
In the relationship between natural range of reparation may be limited according to the circumstances, if, given the financial status of the victim or the person responsible for the damage such restrictions require rules of social.

Art. 441. [Joint and several liability]

§ 1. If several persons shall be liable for tort, their liability is joint and several.

§ 2. If the injury was the result of an act or omission of a few individuals, ten, who repaired the damage, require the remaining refund the relevant part as the case, and especially from the guilt of the person and the extent, what contributed to the injury.

§ 3. Ten, who repaired the damage, for which he is responsible, despite the lack of guilt, to return the claim to the perpetrator, if the damage was the fault of the perpetrator.

Art. 442. [183]
(repealed)

Art. 4421. [Limitation of damages] [184]

§ 1. A claim for compensation for damage caused by a tort shall expire with the lapse of three years from the date of, in which the victim learned of the damage and the person liable for reparation. However, this term can not be longer than ten years from the date of, where the harmful event occurred.

§ 2. If the damage resulted from the crime or misdemeanor, a claim for damages shall expire with the expiry of twenty years from the date of the offense regardless of, When the victim learned of the damage and the person liable for reparation.

§ 3. In the event of damage to a person, limitation period can not end earlier than the expiry of three years from the date, in which the victim learned of the damage and the person liable for reparation.

§ 4. Limitation of actions for compensation for minor personal injury can not end earlier than the expiry of two years of receipt of full legal age.

Art. 443. [Aggregation of claims]
Circumstance, that the act or omission, from which the damage resulted, was the improper performance of a pre-existing obligations, does not preclude a claim for damages in tort, unless the content pre-existing commitments indicate otherwise.

Art. 444. [Personal injury]

§ 1. In the event of injury or harm to health includes all damages arising out of this because of cost. At the request of the victim liable for damages should be put in advance the sum needed for medical expenses, and if the victim has become invalid, the amount of money needed for the costs of preparing for another profession.

§ 2. If the victim has lost wholly or in part, earning capacity, or if their needs have increased or decreased chances of success for the future, he may require the debtor to remedy the relevant pension.

§ 3. If at the time of the judgment damages can not be accurately determined, victim may be granted temporary disability pension.

Art. 445. [The Atonement Money]

§ 1. In the cases provided in the preceding article the court may award the victim adequate sum of money as compensation for harm.

§ 2. [185] This provision shall also apply in the case of deprivation of liberty and in the case to persuade by deception, rape or abuse of dependence to surrender deed nierządnemu.

§ 3. The claim for damages goes to the heirs only, has been honored in writing or if the action is brought for the life of the victim.

Art. 446. [Death of victim]

§ 1. If as a result of injury or harm to health was the death of the victim, required to repair the damage should pay medical expenses and funeral ago, who incurred them.

§ 2. Person, respect of which the deceased was under a legal duty to maintain, may require the debtor to remedy a pension calculated according to the needs of the victim and the earning capacity and property of the deceased by the time the probable duration of the maintenance obligation. The same disability may request other persons close to, which the deceased freely and continuously provide the means of subsistence, if the circumstances indicate, that required by the rules of social.

§ 3. The court may also grant immediate family members of deceased appropriate compensation, if as a result of his death there was a significant deterioration in their circumstances.

§ 4.[186] The court may also grant immediate family members of deceased an adequate sum of money as compensation for harm.

Art. 4461. [Prenatal damage] [187]
At the time of birth a child can claim compensation for damage suffered before birth.

Art. 447. [Capitalisation of pension]
For important reasons, the court may at the request of the victim rather than grant him a pension or part of a one-time compensation. This is particularly the case, when the victim has become invalid, a single compensation award will help him to perform a new profession.

Art. 448. [Violation of personal interest] [188]
In case of violation of the good person the court may award ago, whose personal interests were infringed, appropriate amount of money as compensation for the injury, or on request to award an appropriate sum of money to a given social goal, regardless of other measures needed to remove the effects of violations. The provision of Article. 445 § 3 apply.

Art. 449. [Transferability of claims]
Claims under Article. 444-448 can not be disposed of, unless they are already due and that have been found either in writing or given a final decision.

Tytuł VI1. Liability for damage caused by a dangerous product[189]

Art. 4491. [Producer's risk]

§ 1. Who produces for its business (producer) Dangerous Products, responsible for damage caused by this product to anyone.

§ 2. The product means a movable thing, even when connected with another thing. For the product are also considered animals and energy.

§ 3. A dangerous product is not ensuring the safety, can be expected, Having regard to the normal use of the product. About this, whether the product is safe, depends on circumstances at the time of placing it on the market, and especially the way it is presented on the market and provided consumers with information about the properties of the product. The product can not be regarded as providing not only because of safety, that later introduced a similar product on the market improved.

Art. 4492. [Damage to property]
The manufacturer is responsible for damage to property only, when damaged or destroyed thing belongs to things intended for personal use and in a particular way benefited from the victim.

Art. 4493. [Exonerating circumstances]

§ 1. The manufacturer is not liable for damage caused by a dangerous product, if the product was not marketed or when placing the product was beyond the scope of their business.

§ 2. Manufacturer is not liable even if, the hazardous properties of the product appear after it has been placed on the market, unless they resulted from causes previously inherent in the product. Does not conform to the then, is not possible to predict the hazardous properties of the product, Having regard to the status of science and technology at the time of product launch, or such properties resulted from the application of the law.

Art. 4494. [Presumptions]
Is presumed, that a dangerous product, which caused the damage, is produced and marketed in the manufacturer's business.

Art. 4495. [MAHs]

§ 1. The manufacturer of the material, raw material or component corresponds to the product manufacturer as, unless the damage is due solely to the defective design of the product or the manufacturer's instructions.

§ 2. Who by placing the product his name, trade mark or other distinctive sign is given by the manufacturer, responsible as a producer. Likewise, this corresponds to, who is the product of foreign markets in terms of its domestic business (importer).

§ 3. The manufacturer and the persons mentioned in the preceding paragraphs are jointly and severally.

§ 4. If you do not know, who is the producer or person referred to in § 2, This corresponds to the, who in his business sells a dangerous product, unless within one month from the date of notification of the loss indicates to the injured person and the address of the producer or person referred to in § 2 first sentence, and in case of imported product – osobę adres i importera.

§ 5. Where the seller could not identify the producer or person referred to in § 4, free him from responsibility to identify the person, from whom he buys the product.

Art. 4496. [Third party tort]
If for any damage caused by dangerous products also a third party, responsibility of the person and the persons mentioned in the preceding articles shall be joint. Articles. 441 § 2 i 3 shall apply mutatis mutandis.

Art. 4497. [Scope of compensation]

§ 1. Compensation for damage to property does not cover damage to the product and the benefits, the injured person could obtain in connection with its use.

§ 2. Compensation pursuant to Article. 4491 not entitled to, When damage to property does not exceed an amount equivalent to 500 EURO.

Art. 4498. [Limitation of claims] [190]
A claim for compensation for damage caused by a dangerous product shall expire with the lapse of three years from the date of, in which the person knew or with due diligence have become aware of the damage and the person liable for its repair. But in any case, the claim shall expire after ten years from product launch.

Art. 4499. [Ban Exemption]
Liability for damage caused by dangerous products can not be excluded or limited.

Art. 44910. [Aggregation of claims]
The rules on liability for damage caused by dangerous products do not exclude liability for damages on general principles, for damages resulting from failure to perform or improper performance of obligations and responsibilities under warranty for defects and quality assurance.

Art. 44911. [Contract clauses]
You can not by contract to exclude or limit liability under the provisions of this title, Also, if the choice of foreign law.

Tytuł VII. Performance of the obligations and the consequences of their failure to

Section I. Performance of obligations

Art. 450. [The provision of partial]
A creditor may not refuse to provide partial, even if the entire debt was already due, unless the adoption of such a provision violates the legitimate interest.

Art. 451. [Passing for payment]

§ 1. Debtor with the creditor for the same number of debts of the same type may indicate fulfillment of the provision, who wants to meet debt. However, this, What accounts for the payment of the debt, above all, the creditor may include the related debt arrears and the side-lying provision of the main.

§ 2. If the debtor has not indicated, who wants to meet a number of debts, and received a receipt, in which the creditor scored benefit received on account of one of these debts, the debtor can no longer claim a credit against the debt of another.

§ 3. In the absence of a statement of the debtor or creditor complied with the provision included primarily in debt payable, and if there are several outstanding debts – payable on account of the oldest.

Art. 452. [Provision for unauthorized hands]
If the benefit is met by the hands of a person not entitled to receive it, and the adoption of performance has been confirmed by the creditor, the debtor is discharged to the extent, in which the creditor has benefited from the provision of. This provision shall apply mutatis mutandis in the case, where the benefit has been met by the hands of the creditor, who was unable to accept.

Art. 453. [The provision of a substitute]
If a debtor to exempt from the obligations of the creditor complies with the consent of other consideration, commitment expires. However, when the object is to provide defect, the debtor is obligated to warranty according to the provisions of the warranty in the sale.

Art. 454. [Place of meeting]

§ 1. If the place of performance is not marked or not due to characteristics of liabilities, provision should be met at the site, where at the time the obligation of the debtor had a residence or office. However, the cash benefit shall be met at home or on the premises of the creditor at the time of performance; if the claimant changed his place of residence after the commitment, bears caused by this change in excess of the cost of sending.

§ 2. If the liability is related to the business of the debtor or creditor, the place of performance shall decide the company headquarters.

Art. 455. [Appointment]
If the period of performance is not marked or not due to characteristics of liabilities, benefit should be fulfilled immediately after giving notice of the debtor to perform.

Art. 456. [Partial benefits] [191]
If the parties from stipulating in the contract, that provision shall be a fulfillment of parts within a specified time, but did not establish the size of each partial benefits or deadlines, which is to be the fulfillment of each of these benefits, creditor may, by declaration, debtor filed in time, determine both the size of the various benefits of partial, and the term of each of them, however, should consider the possibility of the debtor and the manner of performance.

Art. 457. [Deadline for the benefit of the debtor]
Period of performance marked by a legal action deemed to be in doubt for the benefit of the debtor's registered.

Art. 458. [The maturity of the immediate]
If the debtor has become insolvent, or if due to circumstances, his own responsibility, protection claims has declined significantly, the creditor may demand of performance regardless of the restricted period.

Art. 459. [Inventory]

§ 1. Required to give a set of things or an asset or to provide information about the set of things or a mass of property to the creditor must provide a list of things belonging to the set or list of items included in the asset base.

§ 2. If there is a reasonable assumption, that the presented list is not reliable or accurate, creditor may request, debtor has to provide the main, that drew up a list of the best of their knowledge.

Art. 460. [Account of the Board]

§ 1. Must give an account of the board shall submit in writing to the creditor's revenue and expenditure with the necessary evidence.

§ 2. If there is a reasonable assumption, that the submitted statement of receipts is not a reliable or accurate, creditor may request, debtor has to provide the main, made a statement that the best of their knowledge.

Art. 461. [Right of retention]

§ 1. Bound to give someone else things can be stopped until the satisfaction or security benefits in its claims for reimbursement of expenses and claims for compensation for damage caused by the (right of retention).

§ 2. This provision does not apply, the obligation to deliver is due to the unlawful act, or when it comes to return rented items, leased or lent.

§ 3. [192] (deleted)

Art. 462. [Receipt]

§ 1. Debtor, fulfilling provision of, creditor may request a receipt.

§ 2. The debtor may request a receipt in a special form, if he has an interest.

§ 3. The costs borne by the debtor receipts, unless otherwise agreed.

Art. 463. [Refusal]
If the creditor refuses to receipt, debtor may refrain from fulfilling the provision of or made subject to the provision of legal deposit.

Art. 464. [The provision of a receipt okazującemu]
The provision of the hands of a person, which turns out a receipt issued by a creditor, relieve the debtor, unless it was reserved, that the provision is to take place into the hands of the creditor's own, or unless the debtor has acted in bad faith.

Art. 465. [Return the document]

§ 1. If there is a document stating the commitment, fulfilling the provision of a debtor may request return of the document. However, if the creditor has an interest in preserving the document, particularly when the benefit is only partially fulfilled, debtor may request to make appropriate references in the document.

§ 2. If the debtor may lose the document, regardless of the receipt, require the creditor to declare in writing, that the document was lost.

§ 3. If the creditor refuses to return the document or make it appropriate to mention or written statement about the loss of the document, debtor may refrain from providing the fulfillment of its object or make a court deposit.

Art. 466. [Presumption of receipt]
The total receipts for payment of debt to pay the amount due the presumption of side. The provision of periodic receipts due the presumption, also have been fulfilled to provide periodic due before.

Art. 467. [Legal deposit of]
Except in the cases provided for in other provisions of the debtor may apply subject to the provision of legal deposit:

1) If due to circumstances, for which no responsibility, do not know, the creditor, either do not know the residency of the creditor;

2) if the creditor does not have full legal capacity or a representative authorized to accept benefits;

3) if a dispute arose, the creditor;

4) if, in other circumstances concerning the person of the creditor's benefit can not be met.

Art. 468. [Notification]

§ 1. A deposit of benefits subject to court deposit debtor should immediately notify the creditor, unless notice are difficult to overcome. The notification should be made in writing.

§ 2. In the event of default of this obligation the debtor is liable for resulting damage.

Art. 469. [Withdrawal]

§ 1. As long as the creditor has not demanded the delivery of the subject provision of legal deposit, debtor may receive a complex object.

§ 2. If the debtor receives the object of the provision of legal deposit, the deposit shall be deemed null and void.

Art. 470. [Effects of]
The deposit of a valid court has the same effect as such an obligation and a creditor requires the debtor to repay the cost of deposit.

Section II. Consequences of default

Art. 471. [Debtor's liability for damages]
The debtor is obliged to repair damage resulting from failure to perform or improper performance of obligations, unless the failure or improper performance is the result of circumstances, for which the debtor shall bear no responsibility.

Art. 472. [Failure of due diligence]
If the specific provision of law or of legal action does not lead to any different, the debtor is responsible for failure to comply with due diligence.

Art. 473. [Agreement on the responsibility]

§ 1. The debtor may, by an agreement to accept responsibility for failure or improper performance of obligations falling due to circumstances, for which by law can not be held responsible.

§ 2. Never mind the restriction, that the debtor will not be liable for damage, which may cause the creditor intentionally.

Art. 474. [Responsibility for others]
The debtor is responsible as for its own acts or omissions for the acts and omissions of, of which exercised a commitment, as well as those, which is entrusted with the obligation. This provision shall also apply in the case, exercised when the obligation of the debtor's legal representative.

Art. 475. [The inability to provide follow-up]

§ 1. When it became impossible to provide the result of circumstances, for which the debtor shall bear no responsibility, commitment expires.

§ 2. If the provision at issue was disposed of, lost or damaged, the debtor is obliged to give all, as received in exchange for the thing, or as compensation for damage.

Art. 476. [The delay of the debtor; delay]
The debtor is permitted delay, they do not meet the provision within, and if the time is not marked, they do not meet the provision immediately following a call by the creditor. This is not the case, when the delay in the fulfillment of the benefit is a result of circumstances, for which the debtor shall bear no responsibility.

Art. 477. [The effects of delay]

§ 1. In the event of default of the debtor the creditor may demand, regardless of the performance of an obligation, damages resulting from the delay.

§ 2. However, if the delay due to the debtor loses the creditor to provide wholly or predominantly important, creditor may not accept benefits and claim compensation for damage resulting from the default of.

Art. 478. [The case of mixed]
If the object is to provide marked as to the identity, debtor who is in default shall be responsible for loss or damage to the object the provision of, unless the loss or damage would occur even if, if the provision has been met in time.

Art. 479. [Buying at the expense of the debtor]
If the object is to provide a specified quantity of goods marked with only the species, creditor may in the event of default of the debtor to acquire at its expense the same amount of goods of the same species or to require the debtor to pay their value, maintaining in both cases a claim for damages resulting from the delay.

Art. 480. [Replacement execution of activities]

§ 1. [193] In case of delay in implementation of obligations of the debtor dealing, the creditor may, maintaining a claim for damages, require authorization by the court to perform the operations at the expense of the debtor.

§ 2. [194] If the benefit consists of an omission, the creditor may, maintaining a claim for damages, require authorization by the court to remove the debtor at the expense of everything, which the debtor contrary to the commitment made.

§ 3.[195] In emergency cases, the creditor may, maintaining a claim for damages, performed without authorization of the court action at the expense of the debtor or remove it at his own expense, which the debtor contrary to the commitment made.

Art. 481. [Delay of cash benefits]

§ 1. If the debtor is late in meeting a financial benefit, the creditor may claim interest for delay, least did not suffer any damage and even the delay was a result of circumstances, for which the debtor shall bear no responsibility.

§ 2. If the rate of interest for the delay was not determined in advance, include the statutory interest. However, when debt bears interest at a rate higher than the statutory rate, the creditor may claim interest for late payment at the higher rate.

§ 3. In the event of default of the debtor the creditor may demand too much compensation in general.

Art. 482. [Interest on overdue interest]

§ 1. Overdue interest, you can claim interest for delay until after the filing of an action does not, unless the arrears after the parties have agreed to adding the percentage of outstanding debt to the sum.

§ 2. The provision of the preceding paragraph does not apply to long-term loans granted by credit institutions.

Art. 483. [Kara umowna]

§ 1. You can stipulate in the contract, that damages for non-performance or improper performance of obligations by payment in kind will be a sum (kara umowna).

§ 2. The debtor may not, without the consent of the creditor's release of liability by paying a penalty.

Art. 484. [Height]

§ 1. In the event of failure to perform or improper performance of obligations stipulated penalty should be reserved for the creditor in this case regardless of the amount of damage sustained. Claim for damages exceeding the amount reserved punishment is not acceptable, unless the parties otherwise agreed.

§ 2. If the commitment was in large part made, debtor may request a penalty reduction; the same applies to the case, as liquidated damages is grossly excessive.

Art. 485. [Statutory penalty]
If a particular provision provides, that in the event of failure or improper performance of an obligation in kind, the debtor, even without a contractual claim, creditor is obliged to pay a specified sum, , the provisions concerning contractual penalties.

Art. 486. [Delay of creditor]

§ 1. In the event of default of the creditor the debtor may claim compensation for the resulting damage; may also apply subject to the provision of legal deposit.

§ 2. A creditor is permitted delay, when no valid reason or fails to provide acceptable zaofiarowanego, or refuses to perform activities, without which the provision can not be met, or declare the debtor, that benefits will not accept.

Section III. Implementation and effects of default of the agreements of mutual

Art. 487. [Concept]

§ 1. Implementation and effects of default are subject to reciprocal agreements preceding sections of this title, unless the provisions of this section otherwise.

§ 2. The agreement is the mutual, when both parties agree in a way, that the provision of one of them to be equivalent to the provision of other.

Art. 488. [Simultaneous fulfillment]

§ 1. [196] Benefits that are subject to the obligations of reciprocal agreements (provide mutual) should be fulfilled simultaneously, unless the contract, of law or of judgment or a decision of the competent authority of another show, that one party is obliged to provide prior.

§ 2. If the mutual benefits should be fulfilled simultaneously, either party may refrain from fulfilling the provision of, until the other party zaofiaruje consideration.

Art. 489. [197]
(deleted)

Art. 490. [Suspension of benefits]

§ 1. If a party is required to meet before consideration, and such an obligation by the other party is doubtful because of its financial status, party obligated to early benefit may refrain from its fulfillment, until the other party zaofiaruje consideration or can not secure.

§ 2. The powers not entitled to the above website, which at the time the contract was aware of the bad assets of other.

§ 3. [198] (deleted)

Art. 491. [Delay]

§ 1. If a party is permitted delay in implementing the obligations of a reciprocal agreement, other party may designate the appropriate additional time to comply with the threat, that in case of ineffective expiry of the deadline will be entitled to cancel the contract. It may also, or without an additional term, or upon the expiry of performance and demand compensation for damage resulting from the delay.

§ 2. If the benefits of both sides are divisible, and one of the parties is allowed only delay the provision of, the right to withdraw from the agreement conferred on the other side is limited, by its choice, or to that part, or to the rest of the failed to provide. This site may also terminate the contract in whole, if partial execution would not matter to her the nature of the obligation or because it's intended purpose of the contract, aware of being in default page.

Art. 492. [Contractual right to withdraw]
If the right to withdraw from the agreement was mutual reserved in case of default within a specified, party shall be entitled to in case of delay on the other hand to withdraw from the contract without an additional term. The same applies to the case, the performance of an obligation by one party after the deadline would not matter for the other side due to the properties or liabilities because it's intended purpose of the contract, aware of being in default page.

Art. 493. [The inability of one of the benefits]

§ 1. If one of mutual benefit has become impossible due to circumstances, for which he is liable party must, other party may, of their choice, or claim compensation for damage resulting from the default of, or withdraw from the contract.

§ 2. In the case of partial impossibility to provide either party the other party may withdraw from the contract, if partial execution would not matter to her the nature of the obligation or because this page's intended purpose of the contract, known side, which the provision became a part not.

Art. 494. [Responsibilities of departing]
Page, that deviates from a reciprocal agreement, is obliged to pay the other side of everything, which received from him under the contract; may require not only the return of this, which testified, but also to remedy the default of.

Art. 495. [The impossibility of culpable]

§ 1. If one of mutual benefit has become impossible due to circumstances, for which neither party shall bear no responsibility, page, which had a provision to meet, may not require consideration, and in the case, when it has already received, is obliged to refund under the provisions of unjust enrichment.

§ 2. If the benefit of one party has become impossible only partially, that party's right to appropriate part of the consideration. However, the other party may withdraw from the contract, if partial execution would not matter to her the nature of the obligation or because this page's intended purpose of the contract, known side, which the provision became a part not.

Art. 496. [Right of retention] [199]
If, owing to withdraw from the agreement the parties are to make return of the consideration, each of them has the right to stop, until the other party zaofiaruje return of the benefits or do not secure a claim for refund.

Art. 497. [Develop]
The provision of the preceding Article shall apply mutatis mutandis in the event of dissolution or nullity of a reciprocal agreement.

Tytuł VIII. Deduction, renewal, relief from debt

Art. 498. [Conditions for deduction]

§ 1. [200] When two people are both relative to each other debtors and creditors, each of them can set off his claim with the claims on the other hand, If both claims are the subject of money or things of the same quality marked only the species, and both debts are due and may be brought before a court or another state agency.

§ 2. As a result of two offsetting each other receivables write off debts of up to lower.

Art. 499. [Way; effects]
Deductions made by the statement made the other side. Statement is retroactive from the date of, when the deduction was made possible.

Art. 500. [Various locations meet]
If deductions are subject to claims, the place of performance benefits are different, page uses the possible deduction is required to pay the other side of the sum needed to pay for her prejudice resulting.

Art. 501. [Postponement] [201]
Postponement of execution of the commitments given by the court or the creditor's charge does not preclude the deduction.

Art. 502. [Limitation] [202]
Receivables past due may be offset, if at the time, when the deduction was made possible, limitation period has not yet.

Art. 503. [Passing for payment]
The rules on the inclusion of pay shall apply accordingly to offset.

Art. 504. [Offsetting the affected claims]
Addressing the claim by a third off that debt cancellation by the deduction only if, when the debtor became a creditor of his creditor until after the seizure, or when the debt fell due after that date, and at the same claim later than the busy.

Art. 505. [Exclusion of deductions]
They can not be canceled by offsetting:

1) claims are not readily seized;

2) claims to provide funding to maintain;

3) claims arising from tort ;

4) claims, deduction which is excluded by specific provisions.

Art. 506. [Renewal]

§ 1. If the obligation to remit the debtor undertakes to comply with the consent of the creditor or other consideration, even the same provision, but some other legal basis, current commitment expires (renewal).

§ 2. If in doubt, deemed to be, that changing the content of current liabilities is not a renewal. This is particularly the case, when the creditor receives from the debtor's promissory note or check.

Art. 507. [Security in case of novation]
If the debt was secured by a surety or limited property right established by a third party, surety or limited property right expires upon renewal, unless the sponsor or third party consents to the continuance of the security.

Art. 508. [Relief from debt]
The commitment expires, when the creditor releases a debtor from debt, and the debtor relief takes.

Title IX. Change the creditor or debtor

Section I. Change the creditor

Art. 509. [Transfer]

§ 1. A creditor may, without the consent of the debtor's transfer to a third party claim (transfer), unless the contrary to this Act, contractual claim or liability characteristics.

§ 2. With the receivables transferred to the purchaser of all related laws, in particular, the claim for arrears of interest.

Art. 510. [The effect of obligatory on-rozporządzający; kauzalność]

§ 1. The contract of sale, conversion, donation or other agreement providing for the transfer of receivables transferred to the purchaser of a claim, unless a specific provision provides otherwise or the parties otherwise agreed.

§ 2. If the transfer contract in performance of an obligation under a prior agreement regarding the transfer of receivables, of recording, of unjust enrichment or other events, validity of the contract transfer depends on the existence of this obligation.

Art. 511. [Form]
If the claim is confirmed by a letter, transfer of such claims should also be established by a letter.

Art. 512. [The payment to the vendor's hands]
As long as the seller did not notify the debtor of the assignment, such an obligation into the hands of the previous creditor has the effect of the purchaser, unless at the time of performance the debtor knew of the transfer. This provision shall apply mutatis mutandis to other legal acts between the debtor and the creditor of the previous.

Art. 513. [Allegations of the debtor]

§ 1. The debtor is entitled against the assignee all the defenses, which he had against the transferor at the time of becoming aware of the transfer.

§ 2. The debtor may deduct from the shed debt claim, which he is entitled against the seller, even becomes due only after the debtor a notice of transfer. This is not the case, the possibility for the vendor's claim fell due later than the claim at issue in the transfer.

Art. 514. [Disclaimer consent of the debtor]
If the claim is confirmed by a letter, contractual claim, that the transfer can not proceed without the consent of the debtor, is effective only if the purchaser, the letter contains a reference to this claim, unless the purchaser at the time of transfer of claim to know.

Art. 515. [Allegations of the seller]
If the debtor, who has received written notice of the transfer from the seller, his performance into the hands of assignee, the vendor may rely on the invalidity of the debtor or transfer to allegations stemming from its 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 assignee.

Art. 516. [The liability of the seller]
The vendor claims against the buyer bears responsibility for this, claim that he is entitled. For the solvency of the debtor at the time of transfer shall be liable only to the extent, unless this responsibility upon himself.

Art. 517. [Exclusion of transfer]

§ 1. The provisions of the transfer does not apply to claims relating to bearer document or a document transferable by endorsement.

§ 2. The transfer of receivables from the document bearer followed by the transfer of ownership document. For the transfer of ownership document is the issue needed.

Art. 518. [Joining in the claimant's right]

§ 1. A third party, who pays the creditor, acquires the debt repaid to the amount of the consideration paid:

1) if someone else pays the debt, which is responsible for himself, or some items of property;

2) if it has the right, before the debt is repaid priority order;

3) when acting with the consent of the debtor to a creditor's right to join in; consent of the debtor should be under the invalid expressed in writing;

4) if it provides for special provisions.

§ 2. In these cases, the creditor may not refuse to provide, which is not due.

§ 3. If the claimant has been paid by a third party only in part, entitled to the remaining part of the meeting before the claim, which moved to a third party as a result of partial payment.

Section II. Change in debtors

Art. 519. [Acquisition of debt]

§ 1. A third party may enter the place of the debtor, which is exempt from debt (debt assumption).

§ 2. The acquisition of the debt may be:

1) by an agreement between creditor and a third party with the consent of the debtor; statement of the debtor may be filed by any party;

2) by agreement between the debtor and the third party with the consent of the creditor; creditor's claim may be filed by any party; it is ineffective, If the creditor does not know, that the transferee is insolvent debt.

Art. 520. [Limit for consent]
Each party, contracted to take over the debt, may appoint a person, whose consent is required for the effective acquisition, adequate time to agree; ineffective deadline is synonymous with refuse.

Art. 521. [Refusal of consent]

§ 1. If the effectiveness of the agreement to take over the debt subject to the consent of the debtor, and the debtor has refused permission, contract shall be deemed not included.

§ 2. If the effectiveness of the agreement to take over the debt subject to the consent of the creditor, and the creditor refused to consent, page, which, according to the agreement was to take debt, the debtor is responsible for this, that the creditor will not ask him to meet the provision of.

Art. 522. [Form]
The agreement to take over the debt should be under the nullity in writing. The same applies to the consent of the creditor to take over the debt.

Art. 523. [The alleged debt assumption]
If the contract for the transfer of ownership of the property the buyer agreed to indemnify the seller of property-related debts, deemed to be in doubt, that the parties entered into an agreement to take over these debts by the purchaser.

Art. 524. [Pleas przejemcy]

§ 1. Transferee is entitled against the debt to the creditor all the defenses, debtor who had hitherto, except the plea of ​​set-off existing debts of the debtor.

§ 2. The transferee of a debt can not rely on the creditor's claims arising from existing between the transferee and the existing debt of the debtor of the legal relationship, which is the legal basis for the acquisition of debt; However, this does not include charges, for which the creditor knew.

Art. 525. [Security]
If the debt was secured by a surety or limited property right established by a third party, surety or limited property right shall expire upon the assumption of debt, unless the sponsor or third party consents to the continuance of the security.

Art. 526. [203]
(repealed)

Title X. Creditor protection in the event of insolvency of the debtor

Art. 527. [Conditions]

§ 1. As a result of the debtor's legal acts detrimental to creditors made by a third party has obtained a financial benefit, each creditor may request recognition of this action as ineffective in relation to it, if the debtor acted with the awareness of victimization creditors, and a third person about it knew or with due diligence to learn.

§ 2. The legal action is being made debtor detrimental to creditors, if as a result of this operation, the debtor was insolvent or became insolvent in a higher degree, than it was before the operations.

§ 3. If, owing to the debtor's legal acts detrimental to creditors made a financial benefit gained a person who is in close relationship with him, presumed to be, that he knew, that the debtor acted with the awareness of victimization creditors.

§ 4. [204] If, owing to the debtor's legal acts detrimental to creditors made a financial benefit has been undertaking the remainder of the debtor in permanent economic relations, presumed to be, he knew that it was, that the debtor acted with the awareness of victimization creditors.

Art. 528. [To do this free of charge]
If the result of legal action made by the debtor's creditors detrimental to the third party has obtained a financial benefit for free, creditor may request that the action for ineffective, even if the person does not even know and with due diligence could not find, that the debtor acted with the awareness of victimization creditors.

Art. 529. [Presumption of victimization]
If at the time the debtor was insolvent donations, presumed to be, acted with knowledge that the victimization of creditors. The same applies to the case, when the debtor became insolvent as a result of making a donation.

Art. 530. [The protection of future creditors]
The provisions of the preceding Articles shall apply mutatis mutandis in the case, where the debtor acted with the intention of future victimization of creditors. However, if the third party has obtained a financial benefit for consideration, creditor may request that the action for ineffective only, where the third party knew of the intention of the debtor.

Art. 531. [To contest]

§ 1. Recognition as an unsuccessful legal action detrimental to the debtor's creditors made by way of a claim or allegation against a third party, which, by this action, received a financial benefit.

§ 2. In the event that a third party decreed the benefit obtained, creditor may apply directly against the person, on which the regulation was, if this person knew about the circumstances justifying the recognition of the debtor's actions as ineffective or if the regulation was free.

Art. 532. [Investigation]
Creditor, with respect to which the debtor's legal action was considered ineffective, may be in priority to creditors to satisfy a third party claim from the assets, which, by the actions deemed to be void came out of the assets of the debtor or to him did not come.

Art. 533. [The exemption of a third party]
A third party, which received a financial benefit as a result of legal actions detrimental to the debtor's creditors made, may exempt from creditor's claim met the requesting recognition as ineffective actions, if it satisfies the creditor, or indicate to him sufficient to satisfy the debtor's property.

Art. 534. [Deadline for appeal]
Recognition act concluded detrimental to the creditors as ineffective can not be requested after the expiration of five years from the date of this action.

Title XI. Sale

Section I. General Provisions

Art. 535. [Concept] [205]
For sale agreement the seller undertakes to transfer to the buyer ownership of things and give him the, and the buyer agrees to accept and pay the seller the price.

Art. 5351. [Return] [206]
The provisions of this chapter shall apply to consumer sales to the extent, in which the sale is not regulated by separate provisions.

Art. 536. [Determination of prices]

§ 1. The price can be determined by the statement of the grounds for its determination.

§ 2. If the circumstances indicate, that the parties had in mind the price agreed in the relations of the type, deemed to be in doubt, that it was a price in time and place, in which the buyer is to be released.

Art. 537. [Stiff price]

§ 1. If the time and place of sale agreement is valid ordinance, by which a thing of the genus or species may be paid only the price of strictly defined (stiff price), price is binding on the parties regardless of, what price in the contract agreed.

§ 2. Seller, who received a higher price than the price of a rigid, is obliged to reimburse the buyer the difference taken.

§ 3. Buyer, which according to the agreement had to pay a price lower than the price of a rigid, a thing or odprzedał consumed at a price calculated on the basis of price umówionejobowiązany to pay a stiff price only, is obliged to pay the price of a rigid only, when you wear or odprzedaniem things knowing the price of a rigid or able to know it with due diligence. Buyer, that things are not consumed or odprzedał, may withdraw from the contract.

Art. 538. [Maximum price]
If the time and place of sale agreement is valid ordinance, by which a thing of the genus or species can not be paid the higher price than the price specified (the maximum price), buyer is not obliged to pay higher prices, and the seller, who received a higher price, is obliged to reimburse the buyer the difference taken.

Art. 539. [Dinner minimalna]
If the time and place of sale agreement is valid ordinance, by which a thing of the genus or species can not be paid the price lower than the price specified (Dinner minimalna), Seller, who received a lower price, have a claim for the refund of the difference.

Art. 540. [The resulting price]

§ 1. If the appropriate state authority has determined, how the vendor has to calculate the price for the things of the genus or species (The resulting price), apply, depending on the properties of such a price, or rigid rules about the price, or regulations on the maximum price.

§ 2. [207] In the event of a dispute as to the correctness of the resulting price of calculating the price that the court determines.

Art. 541. [Limitation]
Under the provisions of the price of a rigid, maximum, minimum or seller of the resulting claim for the refund of the price difference, as well as the buyer's claim for refund of the difference shall expire after one year from the date of payment.

Art. 542. [208]
(deleted)

Art. 543. [Issuance of things]
Issuance of things in the place of sale to the public view of the marked price is considered as an offer to sell.

Art. 544. [The moment of release]

§ 1. If an item sold is to be sent by the vendor to place, which is not the place of performance, deemed to be in doubt, that the release was effected by the, when to deliver things to the destination carrier, the seller gave it trudniącemu the carriage of goods of this kind.

§ 2. However, the buyer is obliged to pay the price until after the arrival of goods at destination, and after allowing him to explore things.

Art. 545. [The method of issue and receipt]

§ 1. The method of issue and receipt of goods sold should ensure the integrity of the whole and its; in particular, the method of packing and transportation should comply with the characteristics of things.

§ 2. If you send the goods sold to the destination via the carrier, the buyer is obliged to examine the load in time and in the manner adopted for consignments of this type; if said, that occurred during the transportation loss or damage to property, is obliged to make any investigation necessary to determine the liability of the carrier.

Art. 546. [Explanations; documentation]

§ 1. Seller to the buyer is obliged to provide the necessary explanations about the relations of law and fact concerning the goods sold and issue documents in their possession, that concern. If the content of this document also applies to other things, seller is obliged to issue a certified extract from the document.

§ 2. If it is necessary for the proper use of things according to its intended, the seller should include instructions on how to use things.

Art. 547. [Costs]

§ 1. If neither of the contract, nor the regulations define the price is not clear, who charged the cost of issue and receipt of goods, the seller bears the costs of issue, in particular the costs of measuring or weighing, Package, insurance for the transport time and cost of sending stuff, and costs received by the buyer.

§ 2. If an item is to be sent to the place, which is not the place of performance, insurance costs paid by the buyer and sending.

§ 3. Costs not mentioned in the preceding paragraphs shall be borne equally between both parties.

Art. 548. [The transition benefits and burdens]

§ 1. Acceptance of the goods sold passes to the buyer the benefits and burdens related to and the risk of accidental loss or damage to property.

§ 2. If the parties have reserved another moment of transition benefits and burdens, deemed to be in doubt, that the risk of accidental loss or damage to goods passes to the buyer at the same moment.

Art. 549. [The delay specification]
If the buyer has reserved a shape, size or other characteristics of goods or the date and place of issue, and allowed to delay in making a determination, the seller may:

1) execute permissions, enjoyed by the creditor if the debtor's delay in meeting a consideration, or

2) make the same determination and give them to the buyer to set a suitable date for a different designation; after the expiry of the deadline determination made by the seller to the buyer becomes the binding.

Art. 550. [Exclusive sales] [209]
If the sales contract has been reserved exclusively to the buyer, or in this way, that the vendor will not provide a specific kind of things other people, or so, that the buyer will be the only thing odprzedawcą purchased the marked area, seller can not in, which was reserved exclusively, or directly, or indirectly include contracts of sale, that affect the exclusivity enjoyed by the buyer.

Art. 551. [The delay of the withdrawal]

§ 1. If the buyer remains committed to the withdrawal of goods sold, the seller may pay for safekeeping at the expense and risk of buyer.

§ 2. The seller may also sell to the buyer's account, should, however, first determine the buyer additional time to receive, unless you set a deadline is not possible or that the item is exposed to corruption, or other reasons that threaten to damage. About selling the vendor shall immediately notify the buyer.

Art. 552. [The delay in paying the price]
If the buyer has committed a default of payment for the delivered price of the goods sold, or if due to his financial status is questionable, or payment of money for some things, to be delivered later, must be made within, the seller may withhold delivery of the parts of things sold by setting an appropriate period for the buyer to secure payment, and after the expiry of the deadline may withdraw from the contract.

Art. 553. [210]
(deleted)

Art. 554. [Limitation]
Claims arising from sales made in the company's activities seller, artisans from such claims and claims for agricultural operators from the sale of agricultural and forestry shall expire after two years.

Art. 555. [Sales of energy, rights]
The provisions on the sale of shall apply to the sale of electricity and to sell the rights.

Art. 5551. [211]
(deleted)

Section II. Warranty for defects

Art. 556. [Disadvantages of things]

§ 1. The seller is liable to the purchaser, if the thing sold has the defect reduces the value or usefulness to the purpose designated in the contract or resulting from circumstances or from the use of things, If an item does not have jurisdiction, whose existence is assured the buyer, or if the item was delivered to the buyer in a position to incomplete (warranty for defects).

§ 2. [212] The seller is liable to the purchaser, if the thing sold is owned by a third party or if the law is loaded with a third party; sell the rights if the seller is also responsible for the existence of rights (legal warranty for defects).

Art. 557. [Exemption from liability]

§ 1. Seller shall be relieved of liability under the warranty, if the buyer knew of the defect when the agreement.

§ 2. When the sale is marked only thing about the genre or things to arise in the future, the seller is relieved of liability under the warranty, if the buyer knew of the defect at the time when things.

Art. 558. [Modification of responsibility]

§ 1. [213] Responsibility of the parties may extend the warranty, limit or exclude. However, in contracts with consumers to reduce or exclude liability under warranty is permitted only in cases specified in special provisions.

§ 2. Exclusion or limitation of liability under warranty is void, if the seller has concealed the defect before buyers insidiously.

Art. 559. [Moment of defects]
Seller is not responsible for the warranty for physical defects, that arose after the danger passed to the buyer, unless the defect resulted from causes inherent in the things we have already sold.

Art. 560. [Withdrawal; price reduction]

§ 1. [214] If the thing sold has disadvantages, the buyer may withdraw from the contract or demand a price reduction. However, the buyer can not withdraw from the contract, if the seller immediately to replace the defective goods free from defects or faults promptly removed. This limitation does not apply, If an item has already been replaced or repaired by the vendor, unless the defect is negligible.

§ 2. If the buyer withdraws from the contract because of defects in goods sold, parties should refer to each other received benefits under the provisions of the mutual cancellation.

§ 3. [215] If the buyer requests a price reduction because of defects in goods sold, reduction should take place in such a ratio, in which the value of the goods free of defects remains to be the value calculated taking into account existing defects.

§ 4. [216] If the seller has the exchange, should also cover the related costs, suffered by the buyer.

Art. 561. [Exchange; removal of defects]

§ 1. If the sale is marked only thing to species, the buyer may require delivery of defective goods rather than the same quantity of goods free of defects and damages caused by delay.

§ 2. If the sale is subject to specific as to the identity, and the seller is the manufacturer of this thing, the buyer may require removal of the defect, setting this to the seller the right time with the threat of, that after the expiry of the deadline to withdraw the contract. Seller may refuse to remove defects, It would require excessive costs.

§ 3. The rules above do not exclude the right to cancel the contract or to demand a price reduction.

Art. 562. [Items supplied parts] [217]
If the sales contract stipulated, that the supply of parts is to be sold, and the seller even though the request did not provide the buyer rather than the things of the same quantity of defective goods free of defects, buyer may also withdraw from the contract as to the things, to be delivered later.

Art. 563. [Terms of complaint]

§ 1. The buyer loses the power of implied warranties physical things, if you do not notify the seller of the defect within one month of its detection, in the case when examination of things in the circumstances is adopted, if you do not notify the seller of the defect within a month after the time, in which due diligence could be detected. Minister of Internal Trade[218] may by order fix shorter time limits for giving notice of defects of food.

§ 2. [219] However, the sale between persons engaged in economic activities due to loss of warranty rights is, if the buyer did not examine things in time and in the manner adopted by the things of this kind and did not notify the seller immediately perceived defect, in the case when the defect came to light only later – if you did not notify the seller immediately after its discovery.

§ 3. To respect the deadlines notice of such defects is enough to send the goods sold within the terms of the registered letter.

Art. 564. [Deceitful concealment of defects]
In the cases provided in the article preceding the loss of rights under the warranty for defects in the physical things even though there is no failure to date to examine the goods by the buyer and the seller notice of such defects, if the seller has concealed the defect or insidiously assured buyer, that the defect did not exist.

Art. 565. [Limited right to withdraw]
If among the things sold only some are defective and can be detached from things free from defects, without prejudice to either party, buyer the right to cancel the contract is limited to defective goods.

Art. 566. [Injury]

§ 1. If, due to physical defects in the goods sold buyer withdraws from the contract or demand a price reduction, he may claim compensation for damage suffered as a result of the defect, unless the damage resulted from circumstances, for which the seller is not liable. In the latter case, the buyer may claim damages only, he suffered through a, has concluded that, not knowing about the existence of defects; in particular, may request a refund of the contract, the cost of receiving, transport, storage and insurance of the goods and refund of expenses to the extent, what did not benefit from these expenditures.

§ 2. The provisions above shall apply accordingly, when the buyer requests delivery of goods free of defects instead of the defective goods or to remove a defect by the seller.

Art. 567. [Warranty obligations of the lessee]

§ 1. If, due to physical defects in the submitted items from another location buyer withdraws from the contract or require the provision of goods free of defects instead of the defective goods, he can not return items without prior agreement with the seller and is bound to arrange for its storage at the expense of the seller until, until the normal course of action the vendor will not be able to do with the thing at its discretion.

§ 2. If there is a risk of deterioration of things, buyer is entitled, and when the seller interest so requires – obliged to sell for due diligence. This privilege granted to the buyer even if, when the seller is in default of issue of the disposal or storage of goods requires a considerable cost, or is excessively difficult; in these cases, the buyer can also send to the vendor at his cost and risk.

§ 3. The intention to sell the buyer should as far as possible to notify the Seller, and in any event, they should send him a notice immediately after the sale.

Art. 568. [The terms of warranty for defects]

§ 1. Claims arising for physical defects shall expire after one year, and when it comes to building defects – after three years, from the date of, when an item was delivered to the buyer.

§ 2. The passage of these terms does not exclude the powers of Warranties, if the seller has cunningly concealed a defect.

§ 3. Plea of ​​warranty can be raised even after the above deadlines, if before the expiry of the buyer notified the seller of the defect.

Art. 569. [220]
(deleted)

Art. 570. [Sale of animals] To sell animals, which sets out the Minister of Agriculture[221]
issued in consultation with the Ministers of Justice and the Food Industry and Purchase[221] , the provisions of the warranty for defects with the changes indicated in the following two articles.

Art. 571. [Develop]

§ 1. Seller of an animal is liable only for defects in the main and only if, when they come to light before the expiry of the time limit. Disadvantages of the main and timing of its disclosure, as well as deadlines to notify the seller of a defect in the main sets of the Minister of Agriculture[221] issued in consultation with the relevant ministers.

§ 2. For defects, which were not considered to be the main, The seller is liable only if, when it was in the contract reserved.

§ 3. If within the period designated in the Regulation will come out the defect index, presumed to be, that it already existed at the time the animal.

Art. 572. [Develop]

§ 1. Minister of Agriculture[221] issued in consultation with the competent ministers may permit, that the powers under the warranty expire, If the buyer within a specified time by the regulation does not notify the competent authority of an animal disease or a state will not give a sick animal in an appropriate facility examining medical and veterinary.

§ 2. The powers of implied warranties expire at the principal within three months, from the end of the warranty period, provided in the Minister of Agriculture[221] issued in consultation with the relevant ministers.

Art. 5721. [Legal defects] [222]
Homeowners can claim warranty entitlements for legal defects, even if a third party against him, there was no claim on goods sold.

Art. 573. [Third party claims]
Buyer, against whom a third party asserts claims for goods sold, shall immediately notify the dealer and ask him to participate in the. If this failed, and a third person has obtained a judgment for themselves favorable, seller is relieved of liability for defect warranty for so much legal, as far as his participation in the procedure was necessary to demonstrate, third party claims that were fully or partially unfounded.

Art. 574. [Injury]
If, due to legal defects in goods sold to the buyer withdraws from the contract or demand a price reduction, he may claim compensation for damage suffered as a result of the defect, unless the damage resulted from circumstances, for which the seller does not accept responsibility. In the latter case, the buyer may claim damages only, he suffered through a, has concluded that not knowing about the existence of defects; in particular, it may request a refund of the contract, the cost of receiving, transport, storage and insurance of the goods and refund of expenses to the extent, did not address the extent of these benefits, and has not received reimbursement from a third party. You may also request a refund of the process.

Art. 575. [Reimbursement Rates]
If, due to legal defects in goods sold to the buyer is forced to spend a third party, contractual exemption from liability under the warranty does not relieve the seller from the obligation to refund the price received, unless the buyer knew, that the rights were at issue seller, or that they acquired at their own risk for.

Art. 5751. [Exemption from liability] [223]
If the buyer avoided the loss in whole or in part acquired stuff, or the effects of congestion for the benefit of a third party by paying a sum of money or meet other performance, vendor may be released from liability under the warranty, paying the purchaser the amount paid or the value of a fulfilling benefits, plus interest and costs.

Art. 576. [The terms of warranty for legal defects]

§ 1. Claims arising from the legal defects of the goods sold shall expire one year from the time, when the buyer learned of the existence of defects. When the buyer learned of the existence of a legal defect only with the third-party proceedings, This period runs from the date of, in which the judgment given in a dispute with a third party has become final.

§ 2. Date referred to above does not exclude the powers of Warranties, if the seller has cunningly concealed a defect.

§ 3. Plea of ​​warranty can be raised even after the expiry of that period, before its expiry if the buyer notified the seller of the defect.

Section III. Quality Assurance[224]

Art. 577. [Concept]

§ 1. [225] In the event that the buyer has received from the seller guarantee document the quality of goods sold, deemed to be in doubt, that the issuer of the (guarantor) is obliged to remove the disadvantages of physical things or to deliver goods free from defects, If defects become apparent during the warranty period specified in.

§ 2. If the guarantee is not specified another date, the term is one year from the date of, when an item was delivered to the buyer.

Art. 578. [Responsibilities] [226]
If the guarantee is not specified otherwise, liability under the warranty covers only defects resulting from causes inherent in the sold.

Art. 579. [Guarantee and warranty] [227]
The buyer may exercise the powers under the warranty for defects in the physical things, regardless of the warranty.

Art. 580. [Obligations of the parties] [228]

§ 1. Who shall exercise the powers under this warranty, should provide for the cost of the guarantor to the location indicated in the warranty or the place, in which the award was issued by the guarantee, unless the circumstances indicate, that the defect should be removed at, in which the thing was in the time of disclosure defects.

§ 2. The guarantor is obliged to perform the obligations hereunder in a timely manner and provide the holder of the guarantee at its own expense to the location indicated in the preceding paragraph.

§ 3. Risk of accidental loss or damage to goods during the release of the guarantor to its receipt by the holder of the guarantee shall be borne by the guarantor.

Art. 581. [The period] [229]

§ 1. If the performance of its obligations the guarantor has provided the holder of the guarantee in place of the defective goods free from defects or major repairs made under warranty stuff, The warranty period shall start again from the time of delivery of goods free of defects or return items repaired. If the guarantor of the things mentioned, This provision shall apply to the part of that.

§ 2. In other cases, the warranty period is extended by the time, within which the result of defects in goods covered by the guarantee holder of the guarantee could not use it.

Art. 582. [230]
(deleted)

Dział IV. Specific types of sales

Chapter I. Sales in installments

Art. 583. [Concept]

§ 1. Installment sale is being made on the sale of the company's activities moving to an individual for the price paid in specified installments, if under the contract is to be delivered to the buyer before paying full price.

§ 2. Issuance of promissory notes by the buyer or collateral to cover the purchase price does not exclude the application of the provisions of this chapter.

Art. 584. [Warranty]

§ 1. The liability of the seller under the warranty for defects in goods sold on installment agreement may be used by disabled or restricted only in cases provided for by specific provisions.

§ 2. The contract may not hinder the purchaser of the powers of Warranties.

Art. 585. [Early payment of]
Buyers can pay installments before the due date. In the event of early payment the buyer can deduct an amount, which corresponds to the rate applicable for the type of loan the Polish National Bank.

Art. 586. [Delay]

§ 1. Disclaimer foreclosure rates are not paid in the event of failure to fulfill the deadlines each installment is effective only if, when it was made in writing at the conclusion of the contract, and the buyer is in default in payment of two installments, the total amount of outstanding installment exceeds one-fifth part of the contract price.

§ 2. Seller may terminate the contract due to failure to pay money only, the buyer is in default in payment of two installments, and the total amount of outstanding installment exceeds one-fifth part of the contract price. In the event that the seller should the buyer determine an appropriate period of grace to pay the arrears of the threat, that in case of ineffective expiry of the deadline will be entitled to cancel the contract.

§ 3. Contractual provisions less favorable to the buyer are invalid. Instead, the provisions of this Article.

Art. 587. [The exclusion of economic operators]
The provisions of this chapter shall not apply to installment sale, If the purchaser bought for the scope of its business.

Art. 588. [Bank loan]

§ 1. [231] The provisions of this chapter shall apply accordingly in cases, when the mobile is sold to an individual using the credit given for that purpose by the bank, if the credit is to be repaid by installments, and the purchaser was released prior to full repayment of the loan.

§ 2. [232] To protect the bank's claims, which the loan is granted, entitled to a statutory lien on the goods sold, until the thing is at the buyer's.

§ 3. Liability under the warranty for faults sole responsibility of the vendor.

Chapter II. Reservation of ownership. Sales to the test

Art. 589. [The effect of retention of title]
If the seller has reserved the ownership of movable property sold to pay the price, deemed to be in doubt, that the transfer of ownership took place under the condition precedent.

Art. 590. [Form]

§ 1. If an item is delivered to the buyer, reservation of ownership should be identified by a letter. It is effective against creditors of the buyer, if the letter is dated a.

§ 2. [233] (deleted)

Art. 591. [The salary for the deterioration of things]
In case of retention of title the seller may require taking the appropriate remuneration for wear or damage to property.

Art. 592. [Effect of reservation attempts]

§ 1. Sales to the test, or subject to review by the buyer of goods deemed to be in doubt to have been concluded under the condition precedent, item that the buyer finds a good sale. In the absence of signs the contract for a trial or examination of goods to the buyer the seller may set a reasonable time limit.

§ 2. If the buyer has received and have made representations before the agreed upon by the parties or designated by the vendor term, considered to be, it held that the subject of selling a good.

Chapter III. The right to repurchase

Art. 593. [Appointment; execution; form]

§ 1. The right of repurchase may be reserved for a period no transfer of five years; longer period is shortened to five years.

§ 2. Exercised a right of repurchase by the seller made a statement to the buyer. If the sales contract requires a specific form, statement of the exercise of the right to repurchase shall be filed in the same form.

Art. 594. [The effects of the]

§ 1. Upon exercise of the right to repurchase the buyer is obliged to move back to the seller bought the property for a price reimbursement rates and cost of sales and return on investment for; However, return on investment, expenditures were not necessary, the buyer should only increase the value limits of the existing stuff.

§ 2. If specified in the contract of sale transfers the repurchase price and the selling price, seller may require the repurchase price reduction to the value of things at the time of exercise of the right to repurchase, but not below the sum calculated according to the preceding paragraph.

Art. 595. [Inalienability; indivisibility]

§ 1. Repurchase right is inalienable and indivisible.

§ 2. If there is more than entitled to repurchase, and some of them this right wykonywają, others can be done in full.

Chapter IV. Pre-emption

Art. 596. [Concept]
If the law or legal act reserves for a party preference to buy things in the event marked, if the other party has sold to a third party (right of first refusal), apply in the absence of specific provisions of this Chapter.

Art. 597. [Execution]

§ 1. Thing, for which the right of first refusal, could be sold to a third party only if, the right to first refusal of his right not perform.

§ 2. The right of first refusal is exercised by a declaration zobowiązanemu. If the contract for the sale of, for which the right of first refusal, requires a specific form, statement of the exercise of the right of first refusal should be submitted in the same form.

Art. 598. [Notification; due date]

§ 1. Respondent of the right of first refusal shall immediately notify the holder of the content of contract of sale with a third party.

§ 2. The right of first refusal on the property can be done in a month, and as for other things – within one week of receipt of the notice of sale, unless other terms have been reserved.

Art. 599. [Consequences of breach]

§ 1. If required for pre-emption rights sold to a third party unconditionally, or if the holder fails to notify the sale or handed him a note of the relevant provisions of the contract of sale contrary to the reality, he shall be liable for resulting damage.

§ 2. [234] However, if the right of first refusal granted under the Act to the State Treasury or local government unit, co-owner or tenant, sales made absolutely void.

Art. 600. [The effects of the]

§ 1. By exercising the right of first refusal takes effect between bound and authorized a contract of sale with the same content, every contract entered into by the debtor with a third party, unless a specific provision provides otherwise. However, the provisions of the agreement with a third party, designed to frustrate the right of first refusal, they are ineffective against the holder.

§ 2.[235] If the sales contract concluded with a third party provides additional benefits, the right to pre-emption could not meet, it can perform its right, by paying the value of these benefits. However, when a right of first refusal granted to the State Treasury or local government entity under the law, an additional provision shall be deemed not reserved.

Art. 601. [Security of payment]
If, in the contract of sale with a third the price to be paid at a later date, entitled to pre-emption may use this term only, secure payment of the price when. This provision does not apply, when the state is authorized organizational unit.

Art. 602. [Inalienability; indivisibility]

§ 1. Is the inalienable right of first refusal. It is indivisible, unless special provisions allow for partial compliance with this law.

§ 2. If more than one holder, and some of them right of first refusal wykonywają, the remainder may be made wholly.

Title XII. Conversion

Art. 603. [Concept]
Through exchange agreements, each Party undertakes to transfer property to the other side of things in return for agreeing to transfer to another thing.

Art. 604. [Return]
To convert, the provisions of the sale.

Title XIII. Delivery

Art. 605. [Concept] [236]
For a supply contract supplier undertakes to produce the things identified only to species and their parts or periodic supply, and the recipient agrees to receive these things, and to pay the price.

Art. 6051. [Return] [237]
If the contract is concluded in the delivery of business suppliers, and the recipient is an individual, who buys things in purpose not connected with his trade or profession, to this Agreement shall be governed by the Consumer Sales.

Art. 606. [Form]
The delivery contract shall be recognized by a letter.

Art. 607. [Inadequate resources receiver]
If the materials or the materials necessary to comply with the delivery item and delivered by the receiver are unsuitable for the proper performance of the delivery item, provider shall immediately notify the consignee.

Art. 608. [Control of the recipient]

§ 1. If the contract stipulated, that the formation of ordered goods from raw materials is to be a particular type or origin, provider should notify the recipient of their preparation for production and is obliged to allow the recipient to check their quality.

§ 2. If the contract stipulated, ordered that the production of things is to take place in a certain way, supplier is obliged to allow the recipient to verify the production process.

Art. 609. [Warranty]
Supplier shall be liable for such defects as the physical stuff delivered in this case, the creation of things happened in the manner specified by the customer or by the documentation provided by the technological, unless the supplier, despite due diligence, could not detect a defect mode of production or technological documentation, or that the recipient, despite the return by the supplier due to these defects, insisted given their mode of production or technological documentation.

Art. 610. [Delay the start of production]
If a supplier is late with the start of production to the delivery item or its individual parts so far, that it is unlikely, able to deliver them within the time agreed, the recipient may not appointing an additional term to withdraw from the contract before the expiry of the deadline to provide the delivery item.

Art. 611. [Faulty method of producing]
If during the preparation of the delivery item proves to be, that the supplier exercised the item as defective or inconsistent with the contract, the recipient may ask the supplier to change the manner of implementation of designating suppliers for the required period, and after the expiry of the deadline to withdraw from the contract.

Art. 612. [Return]
For items not covered by this Title, the rights and obligations of the supplier and recipient, the provisions of the sale.

Tytuł XIV. Contracting

Art. 613. [Concept]

§ 1. [238] Through the cultivation contract grower undertakes to produce and deliver the exact quantity kontraktującemu certain types of agricultural products, and the Contracting Authority undertakes to answer these products within the agreed, pay the agreed price, and meet specific provision of additional, if the contract or the special provisions provide for the obligation to comply with such provision.

§ 2. The amount of agricultural products can be labeled as the agreement by area, from which these products are to be collected.

§ 3. Provisions for the sale prices of rigid, maximum, minimum and the output is used appropriately.

§ 4. [239] By the agricultural producer also means the group of agricultural producers and their relationship.

Art. 614. [Common housekeeping]
If the object of contracting is to be produced on the farm run by several people, the responsibility of those persons is joint and several Contracting Authority.

Art. 615. [Benefits]
Additional benefits from the Contracting Authority may, in particular:

1) give the maker of possible acquisition of certain means of production and financial aid;

2) agrotechnical and zootechnical assistance;

3) cash bonuses;

4) -kind bonuses.

Art. 616. [Form] [240]
Supply contract should be made in writing.

Art. 617. [Contracting Authority Control]
Contracting Authority is entitled to supervision and control over the performance of contracts by the contract manufacturer.

Art. 618. [Place of supply manufacturer] [241]
The provision of the manufacturer should be met at the contracted product manufacturing, unless otherwise stated in the contract.

Art. 619. [242]
(deleted)

Art. 620. [The provision of partial]
If the subject of contracts is divisible, Contracting Authority may not refuse to provide partial, except as otherwise provided.

Art. 621. [Warranty] [243]
For such defects, natural and legal course of contracting and the means of production provided by the Contracting Authority to the manufacturer, the provisions of the warranty in the sale of this change, that the right of withdrawal due to physical defects subject of contracting shall only kontraktującemu, defects are important.

Art. 622. [The inability to deliver products] [244]

§ 1. If due to circumstances, for which neither party shall bear no responsibility, manufacturer can not provide the subject of contracting, he is only obliged to repay the advances collected and bank loans.

§ 2. In the agreement the parties may stipulate conditions for the repayment of advances and loans favorable to the producer.

Art. 623. [Notification]
If the agreement is put in the contracts required to notify the manufacturer within a specified time unable to furnish the subject of contracting due to circumstances, for which the manufacturer assumes no responsibility, non-compliance were the fault of the manufacturer excludes the possibility of reference to the circumstances. This is not the case, the Contracting Authority of the above circumstances, or when he knew they were well known.

Art. 624. [Limitation]

§ 1. The mutual claims of the manufacturer and the Contracting Authority shall expire after two years from the date of payment from the manufacturer, and if the provision is not met producer – from, which should have been met.

§ 2. If the manufacturer had complied with the provision of parts, limitation period runs from the, where it was met last provision of partial.

Art. 625. [Changing the owner of the holding]
If after the conclusion of contracts, the producer's farm passed into the possession of another person, rights and obligations arising from this agreement are transferred to the new holder. This is not the case, the transition of ownership was a result of acquisition of the holding, and the purchaser did not know, and despite due diligence could not have learned about the existence of the cultivation contract.

Art. 626. [Bringing the farm to the cooperative]

§ 1. If after the conclusion of contracts, the manufacturer has made the farm as a contribution to the agricultural production cooperative, This cooperative enters into the rights and obligations of the manufacturer, filed unless the state farms precluded.

§ 2. If the status of farm producer at the time of its accession to the cooperative does not allow the execution of contracts by the cooperative agreement, contract expires, and the manufacturer is obliged to pay the advance and obtained bank loans; other benefits resulting from this agreement shall be paid to the extent, in which they have not been used to perform the contract.

§ 3. If the manufacturer after joining the cooperative made individually contracted for harvesting equipment, It bears sole responsibility for the cultivation contracts.

Tytuł XV. Contract work

Art. 627. [Concept]
By accepting the contract for work order undertakes to perform designated work, and contracting to pay remuneration.

Art. 6271. [Return] [245]
To the contract, affecting the activity of the host contract, with a natural person, who ordered the work, thing which is movable, for purposes which are outside his trade or profession, , the provisions of the Consumer Sales.

Art. 628. [Determination of remuneration]

§ 1. The amount of remuneration for the performance of the work can be determined by the statement of the grounds for its determination. If the parties have not defined salary or stated grounds for its determination, deemed to be in doubt, that the parties had in mind the normal remuneration for work of this kind. If also in this way is impossible to determine the amount of remuneration, must be paid corresponding to the legitimate workload and other outlays of the host contract.

§ 2. Provisions for the sale prices of rigid, maximum, minimum and the output is used appropriately.

Art. 629. [Compensation cost estimate]
If the parties determined the consideration on the basis of the statement of the planned work and the anticipated costs (salary cost estimate), and in the course of the works of a national authority to order the amount of change in prices or rates applicable hitherto in calculations kosztorysowych, either party may request to amend the agreed remuneration. Does not apply to charges paid for the materials or workmanship prior to the change in prices or rates.

Art. 630. [The increase in salaries]

§ 1. If in the course of the work there is a need to carry out the work, that were not foreseen in the statement of work planned as the basis for calculating the remuneration cost estimation, drew up a list of contracting, The Contractor may request an appropriate increase in the agreed remuneration. If you made a list of planned work order taker, he may require only a salary increase, where, despite due diligence could not have foreseen the need of additional work.

§ 2. The Contractor may not demand a salary increase, If additional work performed without the consent of the contracting.

Art. 631. [Withdrawal customer]
If, in the cases provided for in the two preceding articles it was necessary to substantially increase wages cost estimation, Purchaser may withdraw from the contract, However, it should do so immediately to the host contract and pay the corresponding part of the agreed remuneration.

Art. 632. [Fixed remuneration]

§ 1. If the parties have agreed to a lump-sum remuneration, The Contractor may not demand a salary increase, even at the time the contract was not possible to predict the size or cost of the work.

§ 2. [246] If, however, due to changes in the relationship, which could not be predicted, execution of the work would risk gross loss to the host contract, the court may increase a lump sum or terminate the contract.

Art. 633. [Ordering materials]
If materials for execution of the work provides the contracting, The Contractor shall use them in an appropriate manner and submit a bill and return the unused portion of.

Art. 634. [Informing about the obstacles]
If the material supplied by the customer is not suitable for the proper performance of work or if other circumstances relied upon, that may prevent the proper execution, The Contractor shall immediately notify the contracting.

Art. 635. [The delays]
If the receiving order has been delayed from the start or finish the work so far, that it is unlikely, they managed to finish within the time agreed, Purchaser may, without an additional term to withdraw from the contract before the expiry of the deadline to complete the work.

Art. 636. [Faulty execution]

§ 1. Exercised if the Contractor shall work in a defective or inconsistent with the contract, contracting authority may invite him to change his method of construction and appoint him for the required period. After the expiry of the period the Purchaser may withdraw from the contract or be entrusted to improve or further execution of the works of another person at the expense and danger of accepting the order.

§ 2. If the Purchaser has provided the same material, it can in the event of withdrawal or assignment of the task to another person may recover the material and release the work begun.

Art. 637. [Warranty]

§ 1. If the work has drawbacks, entity may request their removal, this setting to host order an appropriate period of threat, that after the expiry of the deadline will not accept repairs. Host may refuse to repair, would require excessive costs.

§ 2. When you remove the defects will not give or when circumstances indicate, that the Contractor shall fail to remove them in time, Purchaser may withdraw from the contract, If the defects are important; If the defects are not significant, contracting authority may require a reduction in salary in proportion. The same applies to the case, the order taker did not remove the defects within a period specified by the customer.

Art. 638. [Return]
If the preceding articles do not show anything, the warranty for defects in the work, the provisions of the warranty in the sale.

Art. 639. [Despite non-payment]
Employer may not refuse to pay compensation for failure to work despite, If the receiving order was ready to be done, but he suffered an obstacle for reasons of customer. However, in the event that the Purchaser may deduct this, receiving order which spared because of failure to work.

Art. 640. [Lack of cooperation]
If you need to do the work of the cooperation of the customer, and the lack of cooperation, The Contractor may designate an appropriate period for contracting with the threat of, that after the expiry of the deadline will be entitled to cancel the contract.

Art. 641. [Material delivered]

§ 1. Danger of accidental loss or damage of material to perform the work load on this, who has provided material.

§ 2. When the work was destroyed or damaged due to defective material supplied by the customer or by the execution of work according to his instructions, The Contractor may request for the work agreed remuneration or the relevant part, if the customer warned about the danger of destruction or damage to the works.

Art. 642. [Maturity]

§ 1. Unless otherwise agreed the receiving order must be paid at time of going works.

§ 2. If the work is to be given away parts, and the remuneration was calculated for each part separately, remuneration is at the moment of meeting any of the benefits of partial.

Art. 643. [The obligation to collect the works of]
The Purchaser is obliged to take work, receiving order which seems to him in accordance with its commitment.

Art. 644. [Withdrawal]
As long as the work was not over, Purchaser may at any time withdraw from the contract by paying the agreed wage. However, in the event that the Purchaser may deduct this, receiving order which spared because of failure to work.

Art. 645. [Death of the host]

§ 1. Contract work, whose performance depends on the personal qualities of the host contract, resolved by his death or incapacity.

§ 2. If the material was the property of the host contract, a partially completed work shows because of the intended purpose of the contract value for the customer, The Contractor or his heir may request, Purchaser has received the material to be able to, in which it is located, for payment of its value and the corresponding part of the wages.

Art. 646. [Limitation]
Claims arising out of contract for work shall expire after two years from the date of commissioning work, and if the work was not completed – from, which pursuant to this contract was to be completed.

Tytuł XVI. The contract for construction works

Art. 647. [Concept] [247]
Under a contract for public works contractor undertakes to make the contractual object, performed according to the project and the principles of technical knowledge, and the investor undertakes to make the required by applicable law, the activities related to the preparation work, in particular, to pass the construction site and deliver the project, and to retrieve the object and pay the agreed remuneration.

Art. 6471. [The agreement with the subcontractor] [248]

§ 1. The contract for construction works, referred to in Article. 647, concluded between the investor and the contractor (general contractor), parties agree on the scope of works, which the contractor will perform in person or by subcontractors.

§ 2. To conclude by the contractor of the works contract with the subcontractor is subject to approval of the investor. If an investor, within 14 days of the contract by the contractor or subcontractor of the project, together with part of the documentation relating to the performance of work under the contract or project, does not raise the objection or objections in writing, considered to be, that it has agreed to a contract.

§ 3. To conclude a contract with the subcontractor subcontractor further consent is required of the investor and the contractor. The provision of § 2 The second sentence shall apply accordingly.

§ 4. Agreement, referred to in § 2 i 3, should be made in writing to be valid.

§ 5. Concluding a contract with the subcontractor and the investor and the contractor jointly and severally liable for the payment of remuneration for the works performed by the subcontractor.

§ 6. Different provisions of the agreements, referred to in this article, are invalid.

Art. 648. [Form]

§ 1. Works contract shall be recognized by a letter.

§ 2. Required by the applicable documentation is part of the contract.

§ 3. [249] (deleted)

Art. 649. [The scope of works]
If in doubt, deemed to be, that the contractor has taken all the works included in the project which forms part of the contract.

Art. 6491. [Bonds] [250]

§ 1. Guarantee of payment for the works, hereinafter referred to as “guarantee of payment”, investor gives the contractor (general contractor) to secure the timely payment of the agreed remuneration for carrying out the works.

§ 2. The guarantee of payment is a bank guarantee or insurance, a bank letter of credit or bank guarantee issued on behalf of the investor.

§ 3. The parties shall bear equally the cost of securing debts documented.

Art. 6492. [Unsuccessful investor withdrawal from the contract] [251]

§ 1. You can not use legal action to exclude or limit the rights of the contractor (general contractor) to demand from the investor's payment guarantee.

§ 2. Withdrawal from the contract due to investor demand performer (general contractor) provide a guarantee of payment is ineffective.

Art. 6493. [The amount of guarantee] [252]

§ 1. Performer (general contractor) works may at any time require the investor to guarantee payment of any claim for payment under the contract and additional works or necessary for the performance of the contract, approved in writing by the investor.

§ 2. Guarantee the payment does not preclude requesting payment guarantee to the total amount specified in § 1.

Art. 6494. [There are no guarantees the desired, effects] [253]

§ 1. If the contractor (general contractor) not obtain the required payment guarantee in the time specified by, not less than 45 days, is entitled to withdraw from the contract due to the fault of the investor, with effect from the withdrawal.

§ 2. Lack of the required guarantee of payment is an obstacle in the execution of the works of the reasons for the investor.

§ 3. An investor can not refuse to pay compensation despite the failure of the works, if the contractor (general contractor) was ready to be done, but he suffered an obstacle for reasons of investor. However, in the event that an investor can deduct it, which the contractor (general contractor) spared because of the failure of the works.

Art. 6495. [Application of regulations] [254]
Articles. 6491-6494 apply to contracts entered into between the contractor (general contractor) and downstream contractors (subcontractors).

Art. 650. [255]
(deleted)

Art. 651. [Informing about the obstacles]
If the documentation provided by the investor, teren budowy, machinery or equipment is not suitable for the proper execution of the works, or if other circumstances relied upon, that may prevent the proper execution of the works, Contractor shall immediately notify the investor.

Art. 652. [Damage to the building site]
If the contractor took over the official record of the construction site of the investor, He held up to the moment of putting an object in general liability for damage caused on the site.

Art. 653. [256]
(deleted)

Art. 654. [Receive partial]
Unless otherwise decided by the investor is obliged to contract at the request of the contractor to take some work done, as they complete, consideration of an appropriate part of the remuneration.

Art. 655. [The risk of destruction facility]
Had made an object has been destroyed or damaged by defective materials supplied by the investor, machinery or equipment or through the execution of works according to the instructions of the investor, Contractor may request the agreed remuneration or the relevant part, if the investor had warned about the danger of destruction or damage to property, or if despite due diligence could not have said defective materials supplied by the investor, machinery or equipment.

Art. 656. [Return]

§ 1. The effects of delays by the contractor from the start or finish work or facility by the contractor performing work in a defective or inconsistent with the contract, the warranty for defects made the object, as well as the investor's entitlement to terminate the contract before the end of the object, the provisions of the contract of work.

§ 2. [257] (deleted)

Art. 657. [Withdrawal]
Permission to withdraw from the contract by the contractor or the investor may be limited or excluded by specific provisions.

Art. 658. [Appropriate use of]
The provisions of this Title shall apply to the contract for renovation of a building or structure.

Title XVII. Renting and leasing

Section I. Najem

Chapter I. General Provisions

Art. 659. [Concept; determination of rent]

§ 1. Through a lease agreement requires the landlord to give tenants for the use of the time or not marked, and the tenant will pay the agreed rent the landlord.

§ 2. [258] Rent may be marked in money or benefits of other types of.

Art. 660. [Form]
The lease of real estate or premises for longer than one year should be made in writing. In the event of failure to this form of contract is deemed to be concluded for an indefinite time.

Art. 661. [Extension of lease] [259]

§ 1. Lease signed for longer than ten years is deemed to continue after that date as concluded for an indefinite time.

§ 2. Lease concluded between the entrepreneurs for more than thirty years is deemed to continue after that date as concluded for an indefinite period.

Art. 662. [The condition and maintenance of things]

§ 1. The landlord must give the tenant in a condition fit for the agreed use and maintain it in such a state for the duration of lease.

§ 2. Small expenditures connected with the ordinary use of the things charged to the tenant.

§ 3. If hired for has been destroyed due to circumstances, for which the landlord does not accept responsibility, landlord has no obligation to restore the previous state.

Art. 663. [Repairs needed]
If the duration of the lease requires repairs, which are borne by the landlord, and without which a thing is not useful for the agreed use, tenant landlord may set reasonable time limit to complete repairs. After the expiry of the term the tenant can make the necessary repairs at the expense of the landlord.

Art. 664. [Warranty]

§ 1. If the defect is hired, that limit its usefulness for the agreed use, the tenant may claim a reduction of rent for the duration of the defects.

§ 2. If at the time of the tenant to have a defect, provided that prevent the use of the item in the contract, or if such defect arose later, and although the landlord received the notice did not remove them in time, or if the defect does not give clear, the tenant may terminate the lease without the period of notice.

§ 3. A claim for rent reduction due to defects in goods hired, as well as the right to immediately terminate the lease the tenant is not entitled to, if at the time the contract was aware of defects.

Art. 665. [Third party claims]
If there is a third party claims against the tenant for things hired, Tenant shall promptly notify the landlord.

Art. 666. [How to use things]

§ 1. Lessee shall lease the duration hired to use things in a way specified in the contract, and when the contract does not specify how to use – in a manner appropriate to the characteristics and purpose of things.

§ 2. If during the rental period will be a need to repair, which are borne by the landlord, the tenant should notify him immediately.

Art. 667. [Changes and improper use of]

§ 1. Without the consent of the landlord tenant can not make changes in the thing hired in breach of contract or for the purpose of things.

§ 2. If the lessee uses the thing in a manner inconsistent with the agreement or for the purpose of things and stop when warned not to use it in such a way as to omit or to the extent, that it is vulnerable to loss or damage, landlord may terminate the lease without the period of notice.

Art. 668. [Subletting; Free to use]

§ 1. Hired the tenant may give all or part of a third party free to use or to sublet, if the contract does not forbid him. If you give things to a third party, both the tenant, and a third person the landlord is responsible for this, that the hired will be used in accordance with the obligations under the lease agreement.

§ 2. Arising out of contracts entered into by the tenant of free use or sublease shall be dealt with by the date of termination of tenancy.

Art. 669. [Maturity]

§ 1. The tenant is obliged to pay rent on the date agreed.

§ 2. If the rent due date is not specified in the contract, rent should be paid in advance, namely: when the lease is to last no longer than a month – for the entire lease period, and when the lease is to last longer than a month or where the contract was concluded for an indefinite time – monthly, the tenth day of the month.

Art. 670. [Lien]

§ 1. In order to secure the rent and additional benefits, which the tenant is in arrears for not more than a year, Lessor shall have the statutory right of pledge on movable property the tenant made to the premises, unless these things are not subject to seizure.

§ 2. [260] (deleted)

Art. 671. [Extinction]

§ 1. The right of the landlord statutory lien expires, pledged when things will be removed from the premises.

§ 2. The landlord may oppose the removal of pledged things and keep them at your own risk, until the rent arrears will not be paid or secured.

§ 3. In the event that the pledged goods will be removed by order of the state body, landlord retains the statutory lien, before the expiry of three days raise it to the body, who ordered the removal of.

Art. 672. [Delay in payment of rent]
If the tenant is permitted delay of payment of rent for at least two full payment periods, landlord may terminate the tenancy without the period of notice.

Art. 673. [Terms of notice]

§ 1. If the duration of the lease is not marked, both the lessor, and the tenant may terminate the lease contract with the time limits, and in their absence with the time limits laid down by law.

§ 2. The statutory notice periods are as follows letting: when the rent is payable at intervals longer than a month, tenancy can be terminated at least three months forward at the end of the calendar quarter; when the rent is paid monthly – a month ahead at the end of the calendar month; when the rent is payable at more frequent intervals – for three days in advance; when the tenancy is a daily – one day ahead.

§ 3. [261] If the duration of the lease is marked, both the lessor, and the tenant may terminate the lease in cases specified in the contract.

Art. 674. [Tacit renewal]
If after a period expressed in the agreement or the termination of the tenant continues to use the stuff with the consent of the landlord, deemed to be in doubt, that the lease was extended for an indefinite time.

Art. 675. [Return of things]

§ 1. At the end of tenancy the tenant is obliged to reimburse the state for not deteriorated; however, is not responsible for the consumption of goods resulting from proper use.

§ 2. If the tenant gave to another person for a free to use or to sublet, pregnancy also required above on this person.

§ 3. [262] Is presumed, that the tenant was released in good condition and fit for the agreed use.

Art. 676. [Improvements]
If the tenant has improved the hired, tenant, Unless otherwise agreed in, may at its option either stop improvements for the payment of a sum equivalent to their value at the time of return, or to request reinstatement.

Art. 677. [Limitation]
Landlord against the tenant's claim for damages because of damage or deterioration of the things, as well as claims against the landlord to the tenant for reimbursement of expenses for either a refund of overpaid rent shall expire after one year of the return of things.

Art. 678. [Sale of the premises]

§ 1. In the case of sale of goods hired during the lease the buyer enters into a lease in place of the seller; however, can terminate the lease subject to statutory notice periods.

§ 2. This right to terminate the lease purchaser is not entitled to, if the lease was signed for a period of time in a written form and a specific date, and the tenant has been given.

Art. 679. [Termination by the purchaser]

§ 1. If, owing to terminate the lease by the purchaser of goods hired tenant is forced to return to pre-, than would be required by the lease, he may require the seller for damages.

§ 2. Lessee shall promptly notify the vendor of the premature termination of the purchaser; otherwise entitled to the seller against a tenant any allegations, where the tenant has raised, and which would entail raising the ineffectiveness of notice from the buyer.

Chapter II. Najem lokalu[263]

Art. 680. [The relevant provisions] [264]
For the lease, the provisions of the preceding chapter, subject to the provisions below.

Art. 6801. [Spouses] [265]

§ 1. Husband and wife are tenants of the property, regardless of the existing property relations between them, establish if the lease of premises to be used to meet the housing needs of the family founded by them occurred during the marriage. If the spouses are separate property or separate property dorobków aligned to the joint tenancy, the provisions of a statutory joint.

§ 2. Termination of community of property during the marriage does not cause termination of the lease for a community to be used to meet the housing needs of families. Court, applying the provisions on the establishment of the judgment of separation of property, may, for important reasons at the request of either spouse to abolish the lease community.

Art. 681. [Small investment]
For small input, which are borne by the lessee of the premises, are in particular: minor repairs of floors, doors and windows, painting the walls, floors and the inside of the door, as well as minor repairs and installation of technical equipment, ensure the use of light, heating of premises, Water inflow and outflow.

Art. 682. [Disadvantages of a health hazard]
If the defects najętego premises are such, that threaten the health of its occupants or tenants or persons in his employment, the tenant may terminate the lease without the period of notice, even when the agreement was aware of defects.

Art. 683. [Order Home]
Tenant should apply to the domestic agenda, if this does not conflict with the powers under the contract; should also take into account the needs of other residents and neighbors.

Art. 684. [Establishment of equipment by a tenant]
The Lessee may open the premises najętym electric lighting, gas, phone, radio and other similar devices, unless the manner of their establishment is opposed to current legislation or endanger the safety of property. If the equipment needed to establish the cooperation of the landlord, the tenant may claim a refund of the interaction resulting costs.

Art. 685. [Improper behavior of tenants]
If the tenant goes in grossly or persistently against the applicable order domowemu or by their bad behavior makes use of other premises in the building of a troublesome, landlord may terminate the lease without the period of notice.

Art. 6851. [The termination of the rent] [266]
Local landlord may increase rent, saying the current amount of rent at least one month ahead, at the end of the calendar month.

Art. 686. [Extension of the pledge]
Landlord's statutory lien dwelling extends to movable property brought to the tenant family members living with him.

Art. 687. [Delay in payment of rent]
If the tenant is permitted delay of payment of rent for at least two full payment periods, and the landlord intends to terminate the lease without the period of notice, it should warn the tenant in writing, giving him extra time to pay the monthly rent arrears.

Art. 688. [Terms of notice]
If the duration of the lease is not marked, and the rent is paid monthly, tenancy can be terminated at least three months forward at the end of the calendar month.

Art. 6881. [Responsibility for payment of rent] [267]

§ 1. For the payment of rent and other charges payable jointly and severally liable with the tenant permanently residing with him by adults.

§ 2. Liability of, referred to in § 1, limited to the amount of rent and other charges payable for the period of legal residence.

Art. 6882. [Subletting, Free to use] [268]
Without the consent of the landlord the tenant may give the premises or part of a free to use it or sublet. Landlord's consent is not required for persons, respect of which the tenant is burdened with alimony.

Art. 689. [269]
(deleted)

Art. 690. [The absolute right of a tenant] [270]
To protect the rights of tenants to use the premises, the provisions on the protection of property.

Art. 691. [Joining relatives] [271]

§ 1. In the event of death of a tenant of a dwelling in the lease join: spouse is not a co premises, children of the tenant and his spouse, other persons, for which the tenant was obliged to pay alimony, and the person, who was actually in cohabitation with the tenant.

§ 2. The persons listed in § 1 they enter into a lease of a dwelling, if you ever lived with the tenant in the property until his death.

§ 3. In the absence of the persons listed in § 1 dwelling tenancy expires.

§ 4. People, which joined the tenancy of a dwelling pursuant to § 1, it may terminate with the time limits laid down by law, even if a lease was signed for a period of time. In the event of termination of tenancy by some of these people, this ratio will expire upon the persons, which it declared.

§ 5. The provisions of § 1-4 does not apply in the event of death of one joint tenant of a dwelling.

Art. 692. [Restriction of the buyer]
The provisions on termination of a contract by the buyer of goods hired shall not apply to rental housing, unless the tenant has not yet embraced the premises.

Section II. Lease

Art. 693. [Concept; determination of rent]

§ 1. Through a lease agreement the lessor undertakes to pay the tenant to use and enjoy the time or not marked, and the tenant will pay the agreed rent to the Lessor.

§ 2. Rent may be reserved in money or other benefits. It can also be determined at a fraction of the proceeds.

Art. 694. [Reference to rent]
For leases, the provisions of the Lease subject to the provisions below.

Art. 695. [Dates; right of first refusal] [272]

§ 1.[273] Lease concluded for more than thirty years is deemed to continue after that date as having been concluded for an indefinite time.

§ 2. [274] (repealed)

Art. 696. [Making the lease]
The lessee shall exercise their right in accordance with the requirements of sound management and can not change the designated use of the lease without the consent of the lessor.

Art. 697. [Repairs needed]
The lessee is required to make repairs necessary to maintain the subject of the lease can not deteriorated.

Art. 698. [Poddzierżawa; Free to use]

§ 1. Without the consent of the lessor may not give the tenant a lease subject to a third party free to use it or poddzierżawiać.

§ 2. In the event of a breach of this obligation to the lessor may terminate the lease without the period of notice.

Art. 699. [Deadline for payment of rent]
If the rent due date is not indicated in the contract, the rent is payable in arrears within the usual, and in the absence of such a habit – semi-annually in arrears.

Art. 700. [Lowering the rent]
If due to circumstances, for which the lessee does not assume responsibility and which do not relate to the person, ordinary income of the subject lease is significantly lower, tenant may request a reduced rent for the period attributable to economic.

Art. 701. [Lien]
For goods, covered by a statutory lien of the lessor are the things used for the farm or business, if they are within the subject of the lease.

Art. 702. [Enlargement]
If the contract stipulated, that in addition to the rent the tenant will be obliged to pay taxes and other burdens associated with ownership or possession of the subject lease and pay the cost of its insurance, vested statutory lien secures a claim to the Lessor by the lessor against the lessee for repayment of sums, which of the above titles paid.

Art. 703. [Delay in payment of rent]
If the tenant is permitted delay of payment of rent for at least two full payment periods, and in cases where the rent is payable annually, if allowed to delay the payment of more than three months, the lessor may terminate the lease without notice period. However, the lessor is obliged to notify the tenant by giving him an extra three months to pay rent arrears.

Art. 704. [Termination]
Unless otherwise agreed the lease of agricultural land can be terminated for one year in advance at the end of dzierżawnego, the lease for another six months ahead before the end of the year dzierżawnego.

Art. 705. [Return of the subject lease]
At the end of the lease the lessee is obliged to, Unless otherwise agreed in, lease return the item in the state, what should be included pursuant to the provisions on the exercise of the lease.

Art. 706. [Left crops]
If at the end of the lease the tenant leaves the agricultural land in accordance with its duty of crops, he may require the return made on these crops so much effort, if, contrary to the requirements of proper management has not received adequate crop at the beginning of the lease.

Art. 707. [Reducing the rent]
If the lease ends before the end of the year dzierżawnego, the tenant must pay rent to that proportion, what benefits, which this year has collected or be able to download, are the proceeds of the year dzierżawnego.

Art. 708. [Acres use]
The provisions of this section shall apply accordingly in case of, when the person taking the property for agricultural use and enjoy it is not bound to pay rent, but only to pay taxes and other burdens associated with ownership or possession of the land.

Art. 709. [Leasing]
The provisions of the lease of things shall apply to the lease of rights.

Title XVII1. The lease contract[275]

Art. 7091. [Concept]
Through lease financing committed, the scope of its business, to acquire from the vendor designated under the terms of this agreement and to give this thing the lessee to use or to use and enjoy it for a fixed period, and using the lessor agrees to pay the agreed installments paid in cash, at least equal to the price or remuneration for the purchase of goods by lessor.

Art. 7092. [Pisemność]
The lease contract should be made in writing to be valid.

Art. 7093. [Delay receiving]
If the lessee is not issued within the prescribed period due to circumstances, for which he is responsible, the agreed terms of payment of installments remain unchanged.

Art. 7094. [Obligations of the lessor]

§ 1. The lessor must give the lessee in this state, in which it was located at the time of the lessor by the vendor.

§ 2. The lessor shall not be liable to the lessee for the usefulness of things for the agreed use.

§ 3. The lessor is obliged to give the lessee together with the thing copy of the contract with the vendor or held copies of other documents relating to this agreement, in particular, the copy of the warranty as to the quality of things, received from the vendor or manufacturer.

Art. 7095. [Losing things]

§ 1. If after the lessee has been lost due to circumstances, for which the lessor is not liable, lease agreement expires.

§ 2. The lessee shall immediately notify the lessor about losing things.

§ 3. If the lease agreement has expired for reasons specified in § 1, the lessor may demand immediate payment of all the uses provided for in the contract and the unpaid installments, net of benefits, the funding received by the payment before the agreed date and the expiry of the lease agreement and insurance stuff, and damages.

Art. 7096. [Insurance costs]
If stipulated in the lease contract, that the beneficiary is obliged to pay the insurance costs of things from its loss for the duration of the lease, in the absence of a contractual provision, These costs include premiums for insurance on generally accepted terms.

Art. 7097. [Obligations of the lessee]

§ 1. The lessee is obliged to maintain in good condition, in particular, to make its maintenance and repairs necessary to maintain things without deterioration, including its use as a result of proper use, and bear the burdens of ownership or possession of things.

§ 2. If the lease agreement has not been reserved, the maintenance and repair things by a person having certain qualifications, beneficiary should immediately notify the lessor of the need to make substantial repairs things.

§ 3. The lessee is required to enable the lessor to check things in the range specified in § 1 i 2.

Art. 7098. [Warranty]

§ 1. The lessor shall not be liable to the lessee for faults, unless the defects formed due to the circumstances, for which the lessor is responsible. Contractual provisions less favorable to the lessee are void.

§ 2. Upon conclusion of the financing agreement with the vendor under the Act are transferred to the lessee rights in respect of defects of things enjoyed by the lessor against the seller, except the power to withdraw from the agreement by the lessor to the vendor.

§ 3. Implementation by using the powers specified in § 2 does not affect its obligations under the lease agreement, unless the lessor withdraws from the contract with the vendor because of defects in goods.

§ 4. The lessee may request the lessor to withdraw from the contract with the vendor because of defects in goods, if the lessor the right to cancel required by law or contract with the vendor. Without making the request by the lessee not the lessor may terminate the contract with the vendor because of defects in goods.

§ 5. In the event of cancellation by the lessor from the contract with the vendor because of defects in goods, lease agreement expires. The lessor may demand immediate payment of all the uses provided for in the contract and the unpaid installments, net of benefits, the funding received by the payment before the agreed date and the expiry of the lease agreement and a contract with the vendor.

Art. 7099. [Using things]
The user should use the stuff and get its benefits in the manner specified in the lease contract, and if this agreement does not specify – in a manner appropriate to the characteristics and purpose of things.

Art. 70910. [Changes]
Without the consent of the lessor beneficiary can not do the things change, unless they result from the use of things.

Art. 70911. [Termination]
If, despite the warning in writing by the lessor uses violates the obligations laid down in Article. 7097 § 1 or Articles. 709 9 or not to remove the changes in things made in breach of Article. 70910, the lessor may terminate the lease with immediate effect, unless the parties have agreed period of notice.

Art. 70912. [Putting a third party]

§ 1. Without the consent of the lessor beneficiary can not give stuff to use a third party.

§ 2. In the event of breach of duty specified in § 1, the lessor may terminate the lease with immediate effect, unless the parties have agreed period of notice.

Art. 70913. [Delay]

§ 1. The lessee is obliged to pay installments on the dates agreed.

§ 2. Where the recipient is allowed default of payment of at least one installment, funding must designate in writing to the lessee a reasonable time limit to pay an additional backlog of threat, that in case of ineffective expiry of the deadline may terminate the lease with immediate effect, unless the parties have agreed period of notice. Contractual provisions less favorable to the lessee are void.

Art. 70914. [Disposal of things]

§ 1. If disposed of by the lessor enters into the ratio of buyer to place the financing lease.

§ 2. The lessor shall immediately notify the lessee on the sale of goods.

Art. 70915. [Repayment installments]
In the event of termination of lease by the lessor as a result of circumstances, for which the beneficiary is responsible, the lessor may demand immediate payment of all the uses provided for in the contract and the unpaid installments, net of benefits, the funding received by the payment before the agreed date and lease termination.

Art. 70916. [Transfer of ownership]
If the funding commitment, without additional consideration, transfer ownership to the lessee at the end of things designated in the agreement the duration of the lease, beneficiary may request the transfer of ownership within a month from the expiration of that time, unless they agree to another date.

Art. 70917. [Reference to the rental and sales]
The responsibility of the lessor for faults caused by circumstances, for which the lessor is responsible, rights and obligations of the parties in the event of an investigation by a third party claims against the lessee of the things, responsibility of the lessee and the lessor to a third party in case of putting things to that person by the lessee to use, secure the lease payments and benefits using, the return of goods by the lessee after the leasing and to improve things by the lessee, the provisions of the Lease, and by the lessee to pay the installments before the due date, the provisions of the installment sale.

Art. 70918. [Leasing Direct]
The contract, by which one party agrees to give up acting in favor of the use of its property or to use and enjoy the other side, and the other party agrees to pay the owner of the things in the agreed installments paid in cash, at least equal to the value of things at the time of this agreement, , the provisions of this title.

Title XVIII. Lending

Art. 710. [Concept]
By the lending agreement authorizes lender agrees to take, the time or not marked, for the free use of donated him to do this stuff.

Art. 711. [Disadvantages of things]
If an item lent has disadvantages, lender is obliged to repair the damage, which is caused by that agrees to take, that knowing about the defect did not notify him of their. This provision does not apply, disadvantage when taking could easily see.

Art. 712. [How to use]

§ 1. If the contract does not specify how to use things, may be taking things to use in a manner appropriate to its characteristics and purpose.

§ 2. Użyczającego taking without consent can not give things bestowed to a third party to use.

Art. 713. [Cost of living]
Speaking to the use of routine maintenance costs borne by the things bestowed. If you made other expenditures or outlays for, , the provisions for the conduct of others' affairs.

Art. 714. [Accidental loss]
Taking the use is responsible for the accidental loss of or damage to property, if it is used in a manner inconsistent with the contract or the properties or for the purpose of things, or when not being authorized to do so by contract or forced by circumstances to be entrusted to another person, would not be a thing was lost or damaged, if they use it properly or if it remained at home.

Art. 715. [End]
If the lending agreement was concluded for an indefinite time, lending ends, the taking of the things he made use of the corresponding contract or if the elapsed time, in which it could use to make.

Art. 716. [Early termination]
If taking things used in a manner inconsistent with the contract or the properties or for the purpose of things, if it is entrusted to another person without being authorized to do so by contract or forced by circumstances, or if you need to become a użyczającemu for reasons not foreseen when the agreement, lender may demand repayment of the things, even if the agreement was concluded for a definite period of time.

Art. 717. [Joint and several liability taking]
If several people took to the use of, their liability is joint and several.

Art. 718. [Return of things]

§ 1. When you are finished taking the use of lending is obliged to pay użyczającemu can not deteriorated; However, taking no responsibility for the use of things resulting from proper use.

§ 2. When taking into use for another person entrusted, pregnancy also required above on this person.

Art. 719. [Limitation]
Użyczającego claim against agrees to take the use of damages for injury or damage things, as well as taking a claim to use against użyczającemu for reimbursement of expenses in favor of and compensation for damage suffered as a result of defects of things shall expire after one year of the return of things.

Tytuł XIX. Loan

Art. 720. [Concept; form] [276]

§ 1. By a loan agreement giving the loan agree to transfer the property of taking a certain amount of money or items marked with only the species, and taking undertakes to pay the same amount of money or the same amount of goods of the same species and the same quality.

§ 2. [277] The loan agreement, which takes the value of five hundred gold, should be ascertained by a letter.

Art. 721. [Withdrawal; refusal]
Giving a loan can cancel the contract and refuse to issue a loan subject, if the loan repayment is in doubt because of poor financial status of the other. This permission is not granted, enabling loan, If at the conclusion of the bad assets of the other hand, knew or could easily find out.

Art. 722. [Limitation]
Claim the borrower for a loan subject shall expire after six months of the, when the subject was to be released.

Art. 723. [Date of return]
If the period for repayment of the loan is not marked, the debtor is obliged to pay the loan within six weeks after the termination of the loan by giving.

Art. 724. [Disadvantages of things]
If the goods received by the borrower have disadvantages, giving a loan is obliged to repair the damage, which is caused by that agrees to take, that knowing about the defect did not notify him of their. Foregoing provision shall not apply in the case, when taking could easily defect notice.

Title XX. The bank account agreement

Art. 725. [Concept] [278]
By the contract the bank account the bank undertakes to respect the account holder, the definite or indefinite period, to keep its cash and, if the contract so provides, to carry on his order settlements.

Art. 726. [Disposal of money] [279]
The Bank may turn temporarily free funds deposited in a bank account with the obligation to return them in full or in part, at the request of, unless the contract makes the obligation to repay the termination of.

Art. 727. [Refusal of order]
The Bank may refuse the request of the holder's bank account only in the cases provided for in specific provisions.

Art. 728. [Statement of account] [280]

§ 1. In a contract concluded for an indefinite period the bank is obliged to inform the account holder, in the manner specified in the contract, of any change of bank account.

§ 2. The Bank is obliged to send to the holder at least once a month free account statement with information about changes in account status and balance determination, unless the holder has given written consent to a different style of reporting on the movement of the bill and determine balances.

§ 3. Bank account holder is required to report changes of bank account of non-compliance, or the balance within fourteen days of receipt of statement of account.

Art. 729. [Personal account]
The holder of a personal bank account is required to notify the bank of any change of his residence or business.

Art. 730. [Termination]
Termination of the contract contained a bank account for an indefinite time can occur at any time due to termination by either party; However, the bank may terminate the agreement only for valid reasons.

Art. 731. [Limitation]
Claims arising from the bank account shall expire after two years. Does not apply to claims for reimbursement of savings.

Art. 732. [Cooperative savings and credit] [281]
The provisions of this title also applies to accounts held by the co-operative savings and credit.

Art. 733. [Monetary settlements] [282]
The provisions of this Title shall not prejudice the provisions on settlement cash.

Tytuł XXI. Commission

Art. 734. [Concept]

§ 1. By accepting the job order contract is obliged to perform a specific legal transaction for the principal.

§ 2. Unless otherwise agreed the order includes the competence to perform actions on behalf of the principal. This provision is without prejudice to the power of attorney form.

Art. 735. [Remuneration]

§ 1. If neither of the contract, or the circumstances do not result, that accepting the order committed to do it without pay, for the execution of orders must be paid.

§ 2. If there is no applicable tariff, not agreed to a salary, corresponding to the remuneration of the work.

Art. 736. [Professional execution of orders]
Professionals who deal in completing the steps for others, should, if you do not want to accept orders, promptly notify the principal. The same obligation applies to the person, which is the principal settlement announced readiness activities in question.

Art. 737. [Method of execution]
Receiving the order may, without the prior consent of the principal depart from the manner indicated by the execution of the order, if it is unable to obtain the consent, and there is reason to believe, that the principal agreed to a change, if he knew about the existing state of things.

Art. 738. [Deputy; responsibility]

§ 1. Receiving the order may entrust the execution of the order to a third party only, as is clear from the contract or out of habit or if it is forced to do so by circumstances. In this case, is obliged to notify immediately the person of the principal place of residence and his deputy, and if the notice is only responsible for the lack of due diligence in the selection of alternate.

§ 2. The Deputy is responsible for the execution of the order as the principal. When receiving the order shall be liable for the acts of his deputy as for their own actions, their liability is joint and several.

Art. 739. [Develop; accidental injury]
In the event that the order taker gave the execution orders to another person without being authorized to do so, a thing belonging to the principal on assignment has been lost or damaged, receiving order is also responsible for any loss or damage incidental, unless one or the other would occur even if, execute the order if he.

Art. 740. [Duties of contractors]
Receiving the order should be given to the principal needs information about the progress of the case, and after execution of the order or the earlier termination of the contract to give him a report. He shall give all, at the execution of orders received for him, even in his own name.

Art. 741. [Using the principal objects]
The order taker is not allowed to use things in their own interest and money for the principal. Since the sum of money withheld than necessary resulting from executing the order should pay statutory interest on the principal.

Art. 742. [Contractor's expenses and liabilities]
The principal should return the host commission expenses, which has made for the proper execution of the order, together with statutory interest; should also be exempt from the obligations of the host request, which he has contracted for this purpose on its own behalf.

Art. 743. [Advance]
If the execution of the order requires the expenditure, the principal shall, on request of the host to provide it with sufficient advance.

Art. 744. [Deadline for payment of the remuneration]
If you paid orders should be paid only after receiving orders, unless otherwise stated in the contract or of the specific.

Art. 745. [Request a common]
If several people gave or accepted the order together, their liability to be joint and several other.

Art. 746. [Termination]

§ 1. The principal may terminate it at any time. However, it should commission expenses paid to the host, which has made for the proper execution of the order; paid if the order is obliged to pay commission to the host part of the salary corresponding to its current operations, and if the termination was without good cause, should also repair the damage.

§ 2. Receiving the order may be terminated at any time. However, when the order is paid for, and the termination was without good cause, receiving order is liable for damage.

§ 3. You can not waive the right to advance notice of the order of the important reasons.

Art. 747. [Death of client]
In the absence of contrary agreement or order does not expire by the death of the principal, or from the loss of his legal capacity. If, however,, accordance with the contract, order has expired, receiving the order should, if the interrupt function assigned to him harm might arise, carry out these activities continue, until the heir or legal representative of the principal will not be able to order different.

Art. 748. [Death of the contractor]
Unless otherwise agreed the order expires as a result of the death of the host request or through the loss of its full capacity to act.

Art. 749. [Action after the expiry of the order]
If the order has expired, believed to be still regarded as existing for the benefit of receiving the order until, when he learned of the expiry of the order.

Art. 750. [Contract of service]
For service contracts, that are not covered by other provisions, , the provisions of the order.

Art. 751. [Limitation]
Over the years the two extinguished:

1) claim for compensation for operations and met reimbursement of expenses and entitlements for people, which continuously or in the company's activities are engaged in the activities of a kind; the same applies to claims for advances to such persons;

2) claims for maintenance, nursing, education or science, if you have enjoyed a professional trudniącym such activities or those who depend on plants for the purpose intended.

Title XXII. Keeping gestio

Art. 752. [Rules]
Whoever without authority leads affiliate of the matter, should benefit people, the case leads, and according to its likely prefer, and handling the case is required to use caution.

Art. 753. [Develop]

§ 1. Taking other people's affairs without a mandate should, if possible notify the person, the case leads, and according to circumstances, or expected to be orders, or conduct the case as long, until he or she would be able alone to deal with it.

§ 2. With its leading someone else's actions matter, and should submit a bill to spend all, which has been handling the case for the person, the case leads. If you acted in accordance with their obligations, may require reimbursement of reasonable costs and expenses, together with statutory interest, and exemptions from, that it incurs in carrying case.

Art. 754. [Action against the will of the replaced]
Who runs an affiliate of the case against the will of the person known to him, the case leads, may not claim reimbursement of expenses incurred and shall be responsible for damage, unless the will of the people opposed to the law or social norms.

Art. 755. [Unauthorized changes]
If you know someone else leading the changes made to the property of the person, the case leads, without the express need or benefit of that person or against her will known to him, is obliged to restore the previous state, and if it was not possible, repair the damage. Expenditures can take back, if he can do so without damage to property.

Art. 756. [Confirmation of the replaced]
Confirmation of the person, which the case was conducted, suitable for handling the case of the effects of the order.

Art. 757. [Saving someone's good]
Who is to reverse the danger to save another's welfare, may require the reimbursement of reasonable expenses, even if its operation has failed, and is responsible only for the guilty intent or gross negligence.

Title XXIII. Agency agreement[283]

Art. 758. [Concept]

§ 1. By an agency receiving the order (agent) undertakes to, the scope of its business, to the continuing authority, for remuneration, when concluding contracts with customers for the principal, or to conclude them in his name.

§ 2. To conclude contracts on behalf of the principal or to collect the claims agent is entitled only, when duly empowered.

Art. 7581. [Remuneration, commission]

§ 1. If a salary is not specified in the contract, the agent a commission should be.

§ 2. The commission is paid, which depends on the number or value of contracts.

§ 3. If the commission has not been specified in the contract, It is commonly accepted in the amount of a given type of relations, in place of the activity of the agent, and if unable to establish a commission in this way, the agent a commission should be an appropriate amount, taking into account all the circumstances directly related to the implementation of actions attributed to him.

Art. 7582. [Written confirmation of]
Any party may request written confirmation from the other contents of the contract and the provisions amending or supplementing it. Waiver of that right is invalid.

Art. 759. [The alleged authorization]
If in doubt, deemed to be, that the agent is authorized to receive for the principal payment for the provision of, that meets the principal's, and to receive the benefits thereof, paying for, as well as to receive notices of deficiencies and statements concerning the performance of the contract, he concluded in the name of the principal.

Art. 760. [Loyalty sites]
Each party is obliged to remain loyal to the other.

Art. 7601. [Duties of Agent]

§ 1. Agent shall, in particular, provide any information relevant to the principal and comply with his instructions reasonable in the circumstances, and take, of the cases, steps needed to protect the rights of the principal.

§ 2. The provisions of the contract which is inconsistent with § 1 are invalid.

Art. 7602. [Obligations of payer]

§ 1. The principal agent is obliged to provide documents and information needed for proper performance of the contract.

§ 2. The principal shall be obliged within a reasonable time, notify the agent to accept or reject the proposal to conclude the agreement and failure to execute the contract, at the conclusion of the mediation or agent that has entered the name of the principal.

§ 3. The principal is obliged to notify within a reasonable time the agent, that the number of contracts, to be concluded, or the value of their subject will be much lower than that, the agent could normally be expected.

§ 4. The provisions of the contract which is inconsistent with § 1-3 are invalid.

Art. 7603. [Tacit acknowledgment]
In case the contracting agent on behalf of the principal does not have authorization or exceeds the scope, contract deemed to be confirmed, if the principal shall immediately after receiving news of the conclusion of the contract does not indicate to the customer, that the contract does not confirm.

Art. 761. [Commission]

§ 1. Agent may request the commission for the contracts concluded during the agency contract, if their conclusion was a result of its activities or if they were concluded with customers obtained by the agent for the contracts of the same type.

§ 2. If the agent was granted the exclusive right for the designated group of clients or geographical area, within the duration of an agency agreement has been concluded without the agent's contract with the customer in the group or area, agent may request the commission for the contract. The principal shall be obliged within a reasonable time, notify the agent to conclude such an agreement.

Art. 7611. [The commission after termination]

§ 1. Agent may request the commission for the contract entered into after the termination of the agency, if – complying with the conditions of Article. 761 – proposed contract, the principal or from a client before the agency contract terminated.

§ 2. Agent may request the commission for the contract entered into after the termination of the agency even if, when its conclusion was largely a result of his activities during the period of agency contract, and yet in a reasonable time after its termination.

Art. 7612. [Conflict of rights]
Agent commission may not require, referred to in Article. 761, If the commission shall be in accordance with Article. 7611 the previous agent, unless the circumstances indicate, that considerations of equity favors the division of fees between the two agents.

Art. 7613. [The maturity of the claim]

§ 1. Unless otherwise decided by the agency contract agent entitled to commission upon, in which the principal should have been, according to the contract with the customer, performance which in fact it has met or, its benefit or the customer satisfied. However, the parties can not agree, that an agent entitled to commission later than the time, in which the customer or his performance would have made it, the principal if his performance.

§ 2. If the contract concluded between the principal and the client is to be performed parts, agent entitled to commission during the provision of this agreement.

§ 3. The claim for payment of the commission shall become due at the end of the month following the quarter, in which the agent acquired the right to commission. Provision of the contract less favorable to the agent is null and void.

Art. 7614. [Return of commission]
Agent commission may not require, where it is clear, that the contract with the client will not be performed due to circumstances, for which the principal is not liable, If the commission has already been paid to the agent, it shall be refunded. Provision of the contract agency that is less favorable for the agent is null and void.

Art. 7615. [Statement]

§ 1. The principal agent is required to submit a statement containing details of commission due to him not later than the last day of the month following the quarter, in which the agent acquired the right to commission. This statement should include all the data as a basis for calculating the fee due. Provision of the contract agency that is less favorable for the agent is null and void.

§ 2. Agent may seek to provide the information needed to determine, whether the amount of commission due to him was correctly calculated, in particular, may seek extracts from the books of the principal or require the, to view and extract from these books is afforded the expert auditor chosen by the parties. Provision of the contract agency that is less favorable for the agent is null and void.

§ 3. If withholding information agent, referred to in § 2, agent may request access to it by bringing an action within six months from the date of the request to the principal.

§ 4. Failing agreement by the parties as to the appointment of an auditor, referred to in § 2, agent may require, by bringing an action within six months from the date of the request to the principal, to inspect and extract from the books by an expert appointed by the court.

Art. 7616. [Appropriate use of]
Articles. 761-7615 apply in cases where the commission constitutes all or part of the wages, unless the parties have agreed to apply these provisions to other types of remuneration.

Art. 7617. [Prowizja of belief]

§ 1. The agency concluded the contract in writing may stipulate, the agent for a separate remuneration (prowizja of belief), the agreed scope of, responsible for the fulfillment of an obligation by the client. If the contract provides otherwise, agent responsible for this, a performance that the customer. In the event of failure to writing an agency is deemed to be concluded without reservation.

§ 2. The liability of the agent may only apply to designated contract or contracts with a given client, at the conclusion of brokered or that he made on behalf of the principal.

Art. 762. [Reimbursement of expenses]
Unless otherwise decided by agreement the agent may demand reimbursement of expenses related to the execution of the order only in so, as was reasonable and if they exceed the ordinary in the circumstances where.

Art. 763. [The security claims]
In order to secure a claim for compensation and for reimbursement of expenses and advances to the principal agent to have the statutory right of lien on things, and securities of the principal, received in respect of the agency contract, until these items are at it, or persons, which holds them in his name, or as long as may dispose of them through the documents.

Art. 764. [Implementation of time]
Contract concluded for a definite period, and performed by the parties after the deadline, on which it was concluded, deemed to be concluded for an indefinite period.

Art. 7641. [Terms of notice]

§ 1. The agreement concluded for an indefinite period may be terminated one month ahead in the first year, two months ahead of the second year and three months ahead in the third and subsequent years of the contract. Statutory notice periods may be shortened.

§ 2. Statutory notice periods may be extended by contract, except that the date fixed for the principal can not be shorter than the date fixed for the agent. Extension of the deadline for the agent causes the same extension for the principal.

§ 3. If the contract provides otherwise, notice period expires at the end of the calendar month.

§ 4. The provisions of § 1-3 apply to contracts concluded for a definite period, and transformed by virtue of Article. 764 in a contract concluded for an indefinite period. Period, for which the contract was concluded for a fixed period, considered in determining the period of notice.

Art. 7642. [Termination prior to the]

§ 1. Agency agreement, even been made for a fixed, may be terminated without the period of notice due to the default of obligations by either party in whole or in substantial part, and in the event of unusual circumstances.

§ 2. If the termination was due to circumstances, which is responsible for the other party, it is required to repair the damage suffered by denouncing the termination of the contract.

Art. 7643. [The indemnity]

§ 1. After termination of the agency may require the agent of the principal of the indemnity, If during the contract agency won new clients and led to significant sales growth with existing customers, and the principal continues to derive substantial benefits from contracts with these customers. This claim is entitled to the agent, if, taking into account all the circumstances, and especially the loss of the agent commission on contracts concluded by the principal of these customers, reasons of fairness.

§ 2. Indemnity may not exceed the agent's salary for one year, calculated on the basis of the average annual salary earned in the last five years. If an agency agreement lasted less than five years, remuneration is calculated on the average of the whole period of its duration.

§ 3. Obtain an indemnity does not prevent an agent from seeking damages possible in general.

§ 4. In case of death of the agent, indemnity, referred to in § 1, his heirs may demand.

§ 5. The possibility of pursuing a claim for indemnity depends on the application by the agent or his heirs an appropriate request to the principal within one year from the termination of the contract.

Art. 7644. [Exclusion]
The indemnity is not entitled to the agent, if:

1) the principal canceled its contract due to circumstances, the responsibility of the agent, justify the termination of the contract without the period of notice,

2) canceled its contract agent, unless the termination is appropriate under the circumstances, under the responsibility of the principal, or is justified by age, infirmity or disease agent, and considerations of fairness do not permit him to ask the agent to continue performing operations,

3) agent with the consent of the principal transferred to another person his rights and duties under the contract.

Art. 7645. [Reservation]
Until the termination of the parties may agree in a way not to the detriment of the agent from the provisions of. 7643 i art. 7644.

Art. 7646. [Limitation of activity]

§ 1. The parties may, in writing to be valid, restrict the activities of an agent while being competitive in the period after the termination of the agency (limiting competitive activity). The limitation is important, if any customer group or geographic area, areas affected by Agent, and the type of goods or services forming the subject of the contract.

§ 2. Limitation of competitive activity may not be reserved for a period longer than two years after termination of the contract.

§ 3. The principal is obliged to pay the agent an appropriate amount of money for the limited competitive activity during its, unless otherwise stated in the contract or that the agency agreement was terminated due to circumstances, for which the agent is responsible.

§ 4. If the amount of total, referred to in § 3, was not specified in the contract, is the sum of the benefits achieved appropriate by the principal as a result of competitive activity limitations and because of this loss of earning potential agent.

Art. 7647. [Curb appeal]
The principal may, until termination of the contract to cancel the reduction of activity competitive with the result, that after six months of the appeal is exempt from payment of the sum, referred to in Article. 7646 § 3 i 4. Competitive business curb appeal shall be in writing under pain of nullity.

Art. 7648. [Exemption from the restrictions of the agent]
If the agent terminated the contract due to circumstances, the responsibility of the principal, it may be exempt from compliance with the limitations of competitive activity by submitting a statement to the principal in writing within one month from the date of termination.

Art. 7649. [Appropriate use of]
For the text of the agreement referred to in Article. 758 § 1, signed with an agent by a person not an entrepreneur, the provisions of this title, with the exception of Articles. 761-7612,art. 7615 oraz Article. 7643-7648.

Tytuł XXIV. Consignment agreement

Art. 765. [Concept]
Consignment agreement by accepting the job (true comedy) undertakes for reward (commission) the scope of its business for the purchase or sale of goods on account of the principal (komitenta), but in his own name.

Art. 766. [Issue benefits]
The broker should give komitentowi all, at the execution of orders received for him, in particular, should transfer to the receivables, which he purchased for his account. The above rights shall be effective as principal of the creditors' commission.

Art. 767. [Favorable contract]
If the broker has an agreement on terms more favorable than the conditions identified from the principal, the advantage must be komitentowi.

Art. 768. [Agreement, less favorable]

§ 1. If the broker sold him to sell yours for a price lower than the price indicated from the principal, shall pay the difference komitentowi.

§ 2. If a broker bought for a price higher than the price indicated from the principal, principal of might promptly after receiving notice of execution of the order to declare, that does not recognize the action as having been made on his behalf; absence of such a statement is tantamount to agreeing to a higher price.

§ 3. Principal of can not demand payment of the difference in price or refuse consent for a higher price, where the order could not be done at the price indicated, a principal of a contract was protected from damage.

Art. 769. [The risk spoiling things]

§ 1. If an item is exposed to corruption, and can not wait to order principal of, the broker is entitled, and when the principal of an interest so requires – obliged to sell for due diligence. About the sale shall promptly notify the principal of the.

§ 2. If the principal of the bodies were committed to the withdrawal of the things, , the provisions of the consequences of delay, the buyer with receiving goods sold.

Art. 770. [Warranty]
The broker is not liable for hidden defects in the physical things, as well as its legal defects, if, prior to entering into a contract gave it to the buyer. However, the exclusion of liability does not apply to defects in stuff, which the broker knew or could easily find out.

Art. 7701. [Return] [284]
The contract for the sale of mobile, concluded by the commission of a natural person, who acquires for the purpose not of his trade or profession, the provisions of the Consumer Sales.

Art. 771. [Credit, advance commission]
Komi Sant, that without the authorization granted to a third party principal of the loan or advance, at your own risk.

Art. 772. [The maturity of the commission]

§ 1. Broker acquires a claim for payment of the commission upon, the principal of either the price received for. If the contract is to be performed parts, broker acquires a claim for a commission in the provision of the contract.

§ 2. The broker may demand the commission even if, a contract has not been done for reasons of principal of.

Art. 773. [Lien]

§ 1. In order to secure a claim for a commission and claims for reimbursement of expenses and advances to komitentowi, as well as for the security of all other claims arising from contracts have the komisantowi komisowych statutory lien on the things which are the subject Consignment, until these things are from him or a person, which holds them in his name, or as long as may dispose of them through the documents.

§ 2. These claims can be met with claims acquired by the commission on behalf of the principal of, in priority to creditors, principal of.

§ 3. [285] (deleted)

Tytuł XXV. The contract of carriage

Section I. General Provisions

Art. 774. [Concept]
By the contract of carriage the carrier shall undertake the scope of its business to carry for reward of persons or property.

Art. 775. [The relevant provisions]
The provisions of this title shall apply to the transport of the different modes of transport only to the extent, if transport is not regulated by other provisions.

Section II. Carriage of passengers

Art. 776. [Conditions of Carriage]
The carrier is obliged to provide travelers the corresponding type of transport safety and hygiene conditions, and such amenities, that due to the type of transport is considered necessary.

Art. 777. [The liability for baggage]

§ 1. Baggage, which a traveler carries with him, carrier is liable only if, if the damage resulted from the willful misconduct or gross negligence of the carrier.

§ 2. Entrusted to a carrier for luggage carrier is liable under the rules provided for the carriage of goods.

Art. 778. [Limitation]
Claims of the contract of carriage shall expire after one year of the performance of the carriage, and when the carriage was not executed – from, when he had to be made.

Section III. Carriage of goods

Art. 779. [The necessary data]
Shippers must give the carrier his address and the recipient, destination, identification of the consignment by type, amount and method of packaging, as well as the value of things particularly valuable.

Art. 780. [Waybill]

§ 1. At the request of the consignor the carrier must issue a bill of lading containing the data listed in the preceding article, and also all other relevant provisions of the contract. The consignor shall bear the effects of inaccurate or false statements.

§ 2. The consignor may require the carrier to deliver to him a copy of the bill of lading or other statement of acceptance of your shipment.

Art. 781. [Inadequate delivery status]

§ 1. If the external condition of the consignment or its packaging are not suitable for the type of transport, carrier may require, to the consignor submitted a written statement as to the status of the consignment, a glaring deficiency in the case refuse to carry.

§ 2. If the carrier will take the item without comment, presumed to be, that was in good condition.

Art. 782. [Documents]
Shippers should give the carrier all the documents needed due to customs regulations, tax and administrative.

Art. 783. [Obstacles to the performance of the transport]
If the commencement or performance of the transport suffers a temporary obstacle, due to circumstances on the carrier, consignor may withdraw from the contract, However, it should give the carrier adequate remuneration to be made part of the carriage to the extent that, which spared the transportation costs. This does not exclude claims for damages, if the obstacle was the result of circumstances, for which the carrier is liable.

Art. 784. [Notice of arrival]
The carrier shall immediately notify the consignee of the arrival of the consignment to the destination.

Art. 785. [Competence of the recipient]
After the arrival of the consignment to the destination recipient can do on his own all rights under the contract of carriage, in particular, may require delivery of the consignment and bill of lading, if they also perform the obligations under this agreement.

Art. 786. [Effects of a consignment]
By accepting the consignment and bill of lading recipient agrees to pay the bill of lading marked carrier charges.

Art. 787. [Denied]

§ 1. If the consignee refuses the shipment or if for other reasons you can not deliver it to him, carrier shall immediately notify the sender. If the shipper fails to furnish timely guidance, the carrier shall pay shipping for safekeeping or otherwise secure it, notifying the sender and recipient.

§ 2. If the shipment is vulnerable to corruption, or if it requires the cost of storage, that is not covered, the carrier may sell it with the appropriate application of the provisions of the consequences of delay, the buyer with receiving goods sold.

Art. 788. [Limitation of damages]

§ 1. Compensation for loss, loss or damage at the time of its adoption to carry up to release the recipient can not exceed the normal value of the consignment, unless the damage resulted from willful misconduct or gross negligence of the carrier.

§ 2. Carrier is not liable for the loss not exceeding the limits set by the relevant provisions, and in the absence of such provisions – customary boundaries (loss of natural).

§ 3. For loss, loss of or damage to money, jewelry, securities or things particularly valuable carrier is liable only if, when the properties were given in the consignment contract, unless the damage resulted from willful misconduct or gross negligence of the carrier.

Art. 789. [Further carrier]

§ 1. The carrier may return the shipment to another carrier to transport the entire space of the carriage or part thereof, However, responsibility for further action as carriers for their own actions.

§ 2. Each carrier, that accepts the shipment based on the same bill of lading, jointly and severally liable for the entire carriage according to the letter.

§ 3. Carrier, which by virtue of their shared responsibility for the entire carriage paid compensation, to return the claim to the carrier bears the responsibility for the circumstances, of which the damage resulted. If these circumstances can not be determined, All carriers are responsible for them falling transportable. Free from the responsibility of the carrier, which proves, that no damage has been developed over the, by which the carrying.

Art. 790. [Lien]

§ 1. In order to secure claims arising from the contract of carriage, in particular,: transportable, component, customs duties and other expenses, as well as for securing such claims between shippers and carriers to the previous, carrier shall have the legal right to lien on the goods, long as the consignment is at it or the person, which it holds on behalf of, or until it could dispose of by means of documents.

§ 2. [286] (deleted)

Art. 791. [Expiry of claims against the carrier]

§ 1. As a result of payments due to the carrier and unreservedly accept the consignment shall extinguish all claims against the carrier under the contract of carriage. Does not apply to claims for hidden damage to the shipment, if the recipient during the week from the time of taking over the carrier informed about them.

§ 2. This provision does not apply, if the damage resulted from the willful misconduct or gross negligence of the carrier.

Art. 792. [Limitation]
Claims of the contract of carriage of goods shall expire after one year from the date of delivery, in the event of total loss of the goods or their delivery delayed – from, when it should have been delivered.

Art. 793. [Claim back carrier]
Claims against the carrier enjoyed by other carriers, who participated in the carriage of the consignment, shall expire after six months of, the carrier to repair the damage, or from the, in which the action were brought against him.

Tytuł XXVI. Forwarding Contract

Art. 794. [Concept]

§ 1. Freight forwarding by the contract undertakes for reward in the scope of its business to send or receive goods, or to other services connected with transport.

§ 2. Freighters can occur on its own behalf or on behalf of the principal.

Art. 795. [The relevant provisions]
The provisions of this Title shall apply to shipping only to the extent, unless it is governed by separate regulations.

Art. 796. [Return]
If the provisions of this title or the special provisions provide otherwise, forwarding to the contract, the provisions of the Contract Order.

Art. 797. [Specific responsibilities of shipper]
The Freight Forwarder is obliged to take the actions necessary to recover sums wrongly received under the transportable, customs and other duties related to the transport package.

Art. 798. [Develop]
The Freight Forwarder is obliged to take the steps necessary to safeguard the rights of the principal or person designated by him against another carrier or freight forwarder.

Art. 799. [Responsibility for contractors]
The Freight Forwarder is liable for carriers and shippers more, which are used by the execution of the order, unless no fault in the choice.

Art. 800. [Freight forwarder as carrier]
The Freight Forwarder may itself make the transport. In this case the forwarder is both the rights and obligations of the carrier.

Art. 801. [Limitation of damages]

§ 1. Compensation for loss, loss or damage at the time of its adoption until the release carrier, further forwarder, the principal or person designated by him, not exceed the normal value of the consignment, unless the damage resulted from willful misconduct or gross negligence of shipper.

§ 2. The Freight Forwarder is not liable for loss not exceeding the limits set by the relevant provisions, and in the absence of such provisions – customary boundaries.

§ 3. For loss, loss of or damage to money, jewelry, securities or things particularly valuable freight forwarder is liable only if, when the properties were given in the consignment contract, unless the damage resulted from willful misconduct or gross negligence of shipper.

Art. 802. [Lien]

§ 1. In order to secure a claim for carriage and claims for commission, for reimbursement of expenses and other charges resulting from the forwarding orders, as well as for securing such claims between shippers and carriers to the previous, forwarder shall be statutory lien on the goods, long as the consignment is at it or the person, which it holds on behalf of, or until it could dispose of by means of documents.

§ 2. [287] (deleted)

Art. 803. [Limitation]

§ 1. Claims of the forwarding contract expire after the end of the year.

§ 2. The statute of limitations begins to run: in the case of claims for damage or loss in shipment – from the date of delivery; in the event of total loss of the goods or their delivery delayed – from, in which the consignment was to be delivered; In all other cases – from the date of execution of the order.

Art. 804. [Claim back forwarder]
Claims against carriers enjoyed forwarder forwarders and further, he used for the transportation package, shall expire after six months of, when the shipper to repair the damage, or from the, when an action were brought against him. This provision shall apply mutatis mutandis to these claims between persons, which used a freight forwarder in the carriage of the consignment.

Tytuł XXVII. The insurance contract

Section I. General Provisions

Art. 805. [Concept; types of benefits]

§ 1.[288] By the contract of insurance the insurer undertakes to, the scope of its business, meet specific provision in the event of an accident specified in the contract, and the policyholder agrees to pay the premium.

§ 2.[289] Provision of an insurer is, in particular the payment of:

1) in property insurance – specific compensation for the damage caused by an accident in the contract;

2) the personal insurance – agreed sum of money, pensions or other benefits in the event of an accident specified in the contract in the contract.

§ 3. For the pension insurance contract, the provisions of this Code of pension.

§ 4.[290] Articles. 3851-3853 shall apply mutatis mutandis, if the policyholder is a natural person contracting directly connected with his trade or profession.

Art. 806. [The nullity of the contract; inefficiency] [291]

§ 1. The insurance contract is void, if the incident as provided in the contract case, it is not possible.

§ 2. Insurance coverage for the period before the contract is void, if at the time the contract either party knew or with due diligence to learn, that the accident had gone, or that fell off the possibility of its occurrence in this period.

Art. 807. [Adjusting pozakodeksowa] [292]

§ 1. The provisions of the general conditions of insurance or insurance contract provisions contrary to the provisions of this Title shall be null and void, unless further rules provide for exceptions.

§ 2. [293](repealed)

Art. 808. [Insurance on someone's behalf] [294]

§ 1. Policyholders may conclude a contract on someone's behalf. The insured may not be named in the contract, unless it is necessary to determine the subject-matter insured.

§ 2. The claim for payment of a premium the insurer is entitled only to its policyholder. Objection with the responsibility of the insurer, it may also raise against the insured.

§ 3. Insured is entitled to benefits payable directly from the insurer, unless the parties otherwise agree; However, no such agreement can be made, if the accident has already dropped in.

§ 4. Insured may demand that the insurer has given him the information about the provisions of the contract and general terms of insurance, they relate to the rights and obligations of the insured.

§ 5. If the insurance contract is not associated directly with a business or profession of the insured individual, art. 3851-3853 shall apply accordingly in the, what the agreement covers the rights and obligations of the insured.

Art. 809. [Insurance document] [295]

§ 1. The insurer is required to confirm the conclusion of the insurance document.

§ 2. Subject to the exception provided for in Article. 811, When in doubt, the contract shall be deemed concluded upon receipt of insurance document policyholder.

Art. 810. [296]
(repealed)

Art. 811. [Policyholder Protection] [297]

§ 1. If the answer to a complex offer of the insurer delivers an insurance document policyholder includes a specific provision, that deviate to the detriment of the policyholder on the content of the offer made by the, insurer is obliged to draw to the attention of the policyholder in writing at the service of that document, to set a minimum 7-day period to object. In the event of failure to do so changes made to the detriment of the policyholder are not effective, and the contract is concluded in accordance with the terms of the offer.

§ 2. In the absence of opposition, the agreement takes effect in accordance with the instrument of insurance the next day after the deadline prescribed for submission of objections.

Art. 812. [General conditions of insurance] [298]

§ 1. [299](repealed)

§ 2. [300](repealed)

§ 3. [301](repealed)

§ 4.[302] If the insurance contract is concluded for a period longer than six months after the policyholder has the right to withdraw from the contract, within 30 days, and if the policyholder is a business within 7 days, from the date of the contract. Termination of the contract does not relieve the policyholder of the obligation to pay the premium for the period, in which the insurer provided insurance coverage.

§ 5.[303] If the contract is concluded for a fixed term, the insurer may terminate it only in cases prescribed in the Act, and with good reason as defined in the agreement or general terms of insurance.

§ 6. [304](repealed)

§ 7. [305](repealed)

§ 8.[306] The difference between the content and the general conditions of contract of insurance the insurer must provide the policyholder in writing before entering into a contract. In the event of failure to do so the insurer can not rely on the difference unfavorable to the policyholder. This provision does not apply to insurance contracts concluded by negotiation.

§ 9.[307] The provisions of § 5 i 8 shall apply accordingly in case of changes in general conditions of insurance for the duration of the contractual relationship. It does not prejudice the application in such case the provisions of Article. 3841.

Art. 813. [Contributions]

§ 1.[308] The premium is calculated for the period of liability of insurer. In the event that the insurance relationship before the period for which the contract was entered into, policyholder entitled to a refund of premium for unused coverage period.

§ 2. If not otherwise agreed, contribution shall be paid simultaneously with the conclusion of insurance contract, and if the contract took effect before service insurance document – within fourteen days of its receipt.

Art. 814. [Top of responsibility; failure to pay premiums] [309]

§ 1. If not otherwise agreed, liability insurer starts from the day following the conclusion of the contract, but not earlier than the day following the payment of premium or first installment.

§ 2. If the insurer is liable prior to paying the premium or the first installment, a premium or its first installment was not paid on time, the insurer may terminate the contract with immediate effect and demand payment of premium for the period, through which the financial responsibility. In the absence of termination of the contract, it expires at the end of the period, which were due for unpaid premium.

§ 3. If you pay premiums in installments, failure to pay within the next installment premiums may result in termination of liability of insurer, only, the anticipated effect of such an agreement or a general insurance, and the insurer after the expiry of the period called the policyholder to pay the risk, that lack of payment within 7 days of receipt of the request will result in termination of liability.

Art. 815. [Obligation to inform]

§ 1.[310] The policyholder is obliged to make known to the insurer all circumstances known to, for which the insurer asked in the tender form or before entering into a contract in other writings. Where the policy contains an agreement by the agent, this obligation applies also to the representative and covers circumstances known to him. In case of concluding the insurance contract by the insurer, despite the lack of answers to some questions, omitted facts are treated as irrelevant.

§ 2.[311] If the insurance contract stipulated, that at the time of its duration should be reported changes in circumstances specified in the preceding paragraph, policyholder is obliged to notify the insurer of such changes immediately on their Message. This provision shall not apply to life insurance.

§ 21.[312] In case of concluding an insurance contract to another person's account of the responsibilities set out in the preceding paragraphs bear upon both the policyholder, and the insured, unless the insured knew of the contract concluded on his behalf.

§ 3.[313] The insurer is not liable for the consequences of circumstances, which are in violation of the preceding paragraphs have not been brought to his notice. If the breach of the preceding paragraphs has been willful, When in doubt, shall be, agreement provided that the accident and its consequences are the result of circumstances, referred to in the preceding sentence.

Art. 816. [Increase the likelihood of an accident] [314]
In the case of circumstances, which implies a significant change in the probability of an accident, either party may request the appropriate changes in the contribution, starting from the time, which occurred in this circumstance, not earlier than the beginning of the current period of insurance. If such a request the other party may, within 14 days to terminate the contract with immediate effect. This provision shall not apply to life insurance.

Art. 817. [Period of performance]

§ 1.[315] The insurer is obliged to comply with the provision within thirty days, from the date of receipt of notification of an accident.

§ 2. [316] If the explanation of that period the circumstances necessary to establish the liability of the insurer or the benefit, it proved impossible to, provision should be met within 14 days of, in which due diligence to clarify the circumstances are. However, the undisputed portion of the benefit the insurer should meet within the period provided in § 1.

§ 3.[317] The contract of insurance or general insurance conditions may contain provisions more favorable to the holder than those specified in the preceding paragraphs.

Art. 818. [Notice of the insurer about the accident] [318]

§ 1. The contract of insurance or general insurance conditions may provide, that the policyholder is required within a specified time, notify the insurer about the accident.

§ 2. In case of concluding an insurance contract to another person's account of the duty specified in the preceding paragraph may be charged to both the policyholder, and insured, unless the insured does not know that an agreement on his behalf.

§ 3. In the event of a breach of willful misconduct or gross negligence of duties specified in the preceding paragraphs, the insurer may reduce provision, if the violation contributed to the damage or impossible the insurer to establish the circumstances and consequences of the accident.

§ 4. Effects of failure to notify the insurer about the accident did not occur, if the insurer within the period prescribed for the notice was aware of the circumstances, which was given to his notice.

Art. 819. [Limitation] [319]

§ 1. The claims of the insurance contract shall expire after three years.

§ 2. [320](repealed)

§ 3.[321] In the case of liability insurance casualty claim to the insurer for damages or compensation are subject to time limit set for that claim in the provisions on liability for tort or occasioned by non-performance or improper performance of obligations.

§ 4.[322] The limitation period for claims for the benefit of the insurer stopped reporting as the insurer of the claim or the insured event notification. The limitation period begins anew from the date of, in which event the claimant or received a written declaration by the insurer to grant or refuse the provision.

Art. 820. [Marine; reinsurance]
The provisions of this title shall not apply to marine insurance and to cover indirect (reinsurance).

Section II. Property Insurance

Art. 821. [Scope] [323]
The subject property insurance can be of any interest in property, that is not inconsistent with the law and can be evaluated in monetary.

Art. 822. [Liability Insurance] [324]

§ 1.[325] By the contract of liability insurance the insurer undertakes to pay the contractual compensation for damages caused to third parties, to whom responsibility for the damage incurred by the policyholder or the insured.

§ 2.[326] Unless the parties have agreed otherwise, liability insurance policy covers damage, as referred to in § 1, following the events specified in the contract, that occurred during the insurance period.

§ 3.[327] The parties may agree, that the contract will cover damage caused, disclosed or reported during the insurance period.

§ 4.[328] Entitled to compensation in connection with an event covered by a contract of liability insurance may assert a claim directly against the insurer.

§ 5.[329] The insurer can not entitled to damages against the alleged infringement raise obligations under the contract and general conditions of insurance by the policyholder or the insured, if it occurred after the occurrence of an accident.

Art. 823. [The change of ownership; transfer of rights] [330]

§ 1. In the case of sale of the subject of insurance under the insurance contract law can be transferred to the buyer 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 case of transfer of rights, referred to in § 1, pass the object to the buyer also have responsibilities, have gravitated to the seller, unless the parties with the consent of the insurer agreed otherwise. Despite this transition, the vendor responsibility jointly and severally liable with the purchaser for the payment of premiums attributable to the transition time to the subject of insurance to the buyer.

§ 3. If the law, referred to in § 1, were not transferred to the buyer subject of insurance, insurance relationship expires at the time the subject of insurance to the buyer.

§ 4. The provisions of § 1-3 does not apply when handling claims, which have arisen or may arise as a result of the occurrence, in the event the contract.

Art. 824. [The sum insured]

§ 1.[331] If not otherwise agreed, sum insured in the contract is a fixed upper limit of the insurer.

§ 2.[332] If, after conclusion of the contract value of the insured property has been reduced, policyholder may claim a reduction of the sum insured. Reduce the amount of insurance may also be from the same cause the insurer to make unilateral, at the same time notifying the policyholder.

§ 3.[333] The reduction of the sum insured entails a corresponding reduction in premiums from the first day of the month, in which the policyholder has requested to reduce the sum insured or the insurer notifies the policyholder of a unilateral reduction of this amount.

Art. 8241. [Responsibility] [334]

§ 1.[335] Unless otherwise agreed, sum of money paid by the insurer for insurance can not be higher than the damage.

§ 2.[336] If the same subject-matter insured at the same time is insured against the same risk with two or more insurers for sums, which together exceed the insurance value, policyholder can not claim damages exceeding the amount of benefits. Between insurers, each of which corresponds to that proportion, in which he received the sum insured bears to the total of the sums resulting from double or multiple insurance.

§ 3.[337] If any of the insurance contracts, as referred to in § 2, agreed, that the sum paid by the insurer for insurance may be higher than the damage, payment of benefits of the transfer, the damage may require the policyholder to the insurer only. In this case, to determine the liability between insurers should be, that the insurance, referred to in this paragraph, insurance amount is equal to the value of insurance.

Art. 825. [338]
(deleted)

Art. 826. [The requirement to reduce damage] [339]

§ 1. In the event of an accident, the policyholder is obliged to use all means available to rescue the subject of insurance, and prevent or reduce its scope.

§ 2. The contract of insurance or general insurance conditions may provide, that in the event of an accident, the policyholder is required to secure the possibility to claim damages against those responsible for the damage.

§ 3. If the policyholder intentionally or through gross negligence failed to comply with the measures specified in § 1, the insurer is free from liability for damages because of this.

§ 4. The insurer is obliged to, the limit of insurance, pay the costs arising from the use of, referred to in § 1, if these measures were justified, even proved to be ineffective. Agreement or the general insurance conditions may contain provisions more favorable to the policyholder.

§ 5. In the case of insurance on someone's behalf, the provisions of the preceding paragraphs shall also apply to the insured.

Art. 827. [Too bad umyślna] [340]

§ 1. The insurer is free from liability, if the policyholder intentionally caused injury; in the event of gross negligence damages should not be, unless the contract or the general insurance conditions provide otherwise, or pay compensation equivalent to the circumstances of equity.

§ 2. In liability insurance, you can set different rules for liability insurance than those specified in § 1.

§ 3. If not otherwise agreed, insurer is not liable for damage caused intentionally by a person, of which the policyholder is in the same household.

§ 4. In case of concluding an insurance contract to another person's account of the principles set out in the preceding paragraphs shall apply mutatis mutandis to the insured.

Art. 828. [The transition of claims] [341]

§ 1.[342] If not otherwise agreed, the date of payment of compensation by the insurer of the policyholder claim against a third party responsible for the damage under the law goes to the insurer to the amount of compensation paid. If the insurer covered only part of the damage, which the policyholder is entitled to the remaining part of the satisfaction of a claim against the insurer.

§ 2.[343] Do not pass to the insurer's policyholder claims against persons, which the policyholder is in the same household, unless the loss was inflicted intentionally.

§ 3.[344] The rules resulting from the preceding paragraphs shall apply mutatis mutandis in case of concluding an agreement on someone's behalf.

Section III. Personal Insurance

Art. 829. [Scope] [345]

§ 1. Personal insurance may in particular relate to:

1) the life insurance – death or survival of the insured person designated by her age;

2) the accident insurance – injury, health disorder or death due to accident.

§ 2.[346] The life insurance contract concluded on someone's behalf, liability insurer shall start no earlier than the day following the, when the insured stated in the contract indicated the page, that wants to benefit from the reservation on behalf of insurance coverage. The statement should also include the amount of sum insured. Change the contract to the detriment of the insured or the person entitled to the sum insured in case of death of the insured requires the consent of the insured.

Art. 830. [Termination by the policyholder] [347]

§ 1. With personal insurance policy holder may terminate the Agreement at any time within the period specified in the contract or the general terms of insurance, and failing – with immediate effect.

§ 2. In the absence of a reservation agreement is considered terminated by the policyholder, if the premium or installment is not paid within the period specified in the agreement or general terms of insurance, despite a prior request for payment within the additional period referred to in general terms of insurance; in the notice should be given to the effects of the policyholder to pay premiums.

§ 3. The insurer may terminate the insurance contract in force only in cases prescribed by law.

§ 4. The provisions of § 3 oraz Article. 812 § 8 shall apply accordingly in case of changes in general conditions of life insurance for the duration of the contractual relationship. It does not prejudice the application in such case the provisions of Article. 3841.

Art. 831. [Entitled to the sum insured]

§ 1.[348] The policyholder may designate one or more persons entitled to receive the sum insured in case of death of the insured; may also enter into a contract of insurance to bearer. Policyholders can each of these objections to change or cancel at any time.

§ 11.[349] If the insurance contract on someone's behalf to exercise powers, referred to in the preceding paragraph, is required prior consent of the insured; agreement or a general insurance conditions may provide, insured that these powers can perform independently.

§ 2.[350] If the indicated number of persons entitled to receive the sum insured, and not determined the contribution of each of them in this sum, their shares are equal.

§ 3. The sum insured is not entitled to be attributable to a decline in the insured.

Art. 832. [Develop]

§ 1. The indication is entitled to receive the sum insured becomes ineffective, if the holder died before the death of the insured or intentionally contributed to his death.

§ 2. If at the time of death of the insured person is not entitled to receive the sum insured, This sum accounts for the immediate family of the insured in the order established in the general terms of insurance, unless otherwise agreed.

Art. 833. [Suicide] [351]
With life insurance suicide of the insured does not relieve the insurer from the obligation to provide, where the suicide took place after two years of the contract of insurance. Agreement or the general insurance conditions may shorten this period, but not more than 6 months.

Art. 834. [Allegation of false information] [352]
If the accident occurred three years after the conclusion of the life insurance contract, insurer can not raise objection, when concluding the contract given inaccurate messages, in particular, it has been revealed to illness of the insured. Agreement or the general insurance conditions may shorten this deadline.

Title XXVIII. Storage

Art. 835. [Concept]
For a depository for safekeeping agreement agrees to maintain in a condition not deteriorated movables devoted to him for safekeeping.

Art. 836. [Determination of remuneration]
If the amount of compensation for storage is not specified in the contract or tariff, custodian must be paid in the circumstances adopted, unless the contract or the circumstances indicate, undertaken to keep that thing without pay.

Art. 837. [How to store the]
Depository shall keep the thing in such a way, to which is committed, and in the absence of an agreement in this regard, in such a way, stems from the properties of the stored items and the circumstances.

Art. 838. [Changing where and how]
Depository 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. When submitting a prior approval from possible, depository must be obtained before the change.

Art. 839. [Using things]
Custodian must not be used without permission consists of things, unless it is necessary for its preservation in a non-deteriorated.

Art. 840. [Deputy]

§ 1. Depository can not give things another person for safekeeping, unless it is forced by circumstances. In this case, is obliged to notify shall forthwith, where and with whom the paid, and if the notice is only responsible for the lack of due diligence in the selection of alternate.

§ 2. Deputy also is responsible for submitting the. If the depository shall be liable for the acts of his deputy as for their own actions, their liability is joint and several.

Art. 841. [Accidental loss]
If the depository, without permission and without submitting the necessary needs, uses things or changes the place or manner of its storage or if the store puts the other person, It is also responsible for accidental loss or damage to property, that would otherwise not happen.

Art. 842. [Custodian expenses and liabilities]
The custodian should pay expenses, which he has suffered in order to properly store the stuff, together with statutory interest and to release the keeper of the liabilities incurred by him for this purpose in his own name.

Art. 843. [Storage of common]
If several people have adopted or have given to the storage, their liability to be joint and several other.

Art. 844. [Return of things]

§ 1. The applicant may at any time demand the return of items taken for safekeeping.

§ 2. Depository may require the receipt of goods before the date designated in the contract, If due to circumstances, which could not have foreseen, not without their own prejudice or without the threat of things to keep her in such a way, to what is required. If the storage time was not marked, or if the thing was taken for safekeeping without pay, depository may require the receipt of goods at any time, so long as its not been recovered at the time of submitting unsuitable for.

§ 3. Return of goods should be in place, where he was to be kept.

Art. 845. [Deposit incorrect]
If the special provisions or with the contract or the circumstances indicate, the depository may dispose of the money devoted to storage or other items marked only on the species, , the provisions for loan (abnormal deposits). The time and place of return as specified in the custody.

Tytuł XXIX. Responsibility, lien and prescription Hotels and similar establishments

Art. 846. [Conditions of liability] [353]

§ 1. Continued profit-making hotel or similar facility is responsible for any loss or damage to property brought by a person using the services of a hotel or similar establishment, hereinafter referred to as “guest”, unless the damage resulted from the properties of things filed or due to force majeure or that it is exclusively the fault of the victim or the person, who accompanied him, was in his employ, or visited it.

§ 2. It brought under the provisions of this title is the thing, which at the time of use by the guest services of a hotel or similar establishment located in the hotel or similar facility or is outside the, and has been entrusted to the continued profit-making hotel or similar establishment or a person in his employment, or placed in a place designated by them or for the purpose intended.

§ 3. It is also brought to, which in the short, the usual period preceding or following the, when a guy used the services of a hotel or similar establishment, was entrusted to the continued profit-making hotel or similar establishment or a person in his employment, or placed in a place designated by them or for the purpose intended.

§ 4. Motor vehicles and the things they left behind, and live animals are not considered as things brought. Continued profit-making hotel or similar facility can answer for it as a depository for, If an agreement for storage.

§ 5. Exclusion or limitation of liability, referred to in § 1, by agreement or notice has no legal effect.

Art. 847. [Duty to inform]
The claim for damages due to loss of or damage to property brought to a hotel or similar establishment expires, if the victim after receiving news of the loss has not notified about it immediately persistent plant. This provision does not apply, when the damage was done to maintain a commercial hotel or similar facility or where the accepted thing for safekeeping.

Art. 848. [Limitation]
Claims for damages for loss of or damage to property brought to a hotel or similar establishment shall expire after six months of, in which the victim learned of the damage, and in any event within one year from the date of, in which the person ceased to use the services of a hotel or similar establishment.

Art. 849. [Limitation of Liability] [354]

§ 1. The scope of the obligation to repair the damage by continuing a commercial hotel or similar facility in the event of loss or damage to property brought limited, the one guy, up to many hundreds of times receivables for delivered him a house, calculated for one day. However, responsibility for each item must not exceed the amount of that debt pięćdziesięciokrotnej.

§ 2. Limitations on the scope of reparation does not apply to the case, while maintaining a commercial hotel or similar establishment took things for safekeeping or refused to adopt them for safekeeping, although it was obliged to accept them, as well as case, if the damage resulted from the willful misconduct or gross negligence of his or persons in his employment.

§ 3. Continued profit-making hotel or similar facility is required to accept for safekeeping money, securities and valuables, in particular, jewelry and objects to scientific or artistic value. May refuse to accept these things only, if they threaten the security or if in relation to the size or hotel or similar establishment are too high or if the take up too much space.

Art. 850. [Lien]
In order to secure claims for rent, maintenance and services provided to the person using the services of a hotel or similar establishment, as well as to secure a claim for reimbursement of expenses incurred for the person entitled to the continued profit-making hotel or similar facility statutory lien on the things brought. This right is subject to the statutory landlord's lien law.

Art. 851. [Termination of the plant]
Claims arising in the hotel's business activities in respect of charges for accommodation provided, maintenance and services and for expenses incurred on behalf of, using the services of such companies, shall expire after two years. This provision shall apply to the catering business.

Art. 852. [Liability of the other plants] [355]
The provisions on liability and statutory law of pledge of continued profit-making hotel or similar establishment shall apply to the bathing establishments. However, for objects, that do not usually tend to be paid by the users of these plants, operator liability is limited to the case, when it adopted such an object for storage or if the damage resulted from willful misconduct or gross negligence of his or persons in his employment.

Tytuł XXX. The storage contract[356]

Art. 853. [Concept; evidence storage]

§ 1. By the contract component composition operator is obliged to store, for remuneration, designated in the contract of goods.

§ 2. The trader is obliged component issue a receipt, which should replace the type of, number, designation and the method of packing stuff, as well as other relevant provisions of the contract.

Art. 854. [Exclusion]
The provisions of this title shall not apply in cases, when a trader buys the property component of complex things, and is obliged to pay only the same amount of goods of the same species and the same quality.

Art. 855. [Responsibility, maintenance]

§ 1. Entrepreneur component is responsible for damages resulting from loss of, loss of or damage to property at the time of the adoption of the composition to give a person entitled to receive, unless he proves, that he could not prevent the damage, despite all due diligence.

§ 2. The trader is obliged to perform component maintenance appropriate. Contrary provision of the contract is null and void.

§ 3. Entrepreneur of the constituent is not responsible for the loss not exceeding the limits set out the relevant provisions, and in the absence of such provisions – customary boundaries.

§ 4. Compensation shall not exceed the normal value of things, unless the damage results from willful misconduct or gross negligence of the constituent entrepreneurs.

Art. 856. [Insurance]
The trader is obliged to constituent insurance only thing, when he received such an order.

Art. 857. [The obligation to protect]
If a situation arises the submitted business składowemu suspicion, that there is a lack of, loss, deterioration or damage to property, storage operator should make the tasks necessary to secure the property and rights of the.

Art. 858. [Notification]
The entrepreneur shall notify the component consisting of events that are important for the protection of the rights of the state of affairs, or concerning the composition of the cast, unless the notice is not possible.

Art. 859. [Sales of goods]
If an item is exposed to corruption, and can not wait to order comprising, entrepreneur has the right component, and when the interests comprising – also required, sell for due diligence.

Art. 8591. [Care of things by the applicant]
Entrepreneur component should allow views of things which consists, sharing or pooling their, sampling and carrying out other activities to keep things in proper condition.

Art. 8592. [Connecting and sharing]

§ 1. The entrepreneur can combine things constituent parts of the same species and the same quality, belonging to several making, their written consent.

§ 2. Edition which consists of items attributable to him in this way does not require joint approval of the other comprising.

§ 3. Division and combination items should be disclosed in the constituent documents of the entrepreneur.

Art. 8593. [Lien]
Businesses składowemu used to secure claims for components and charges incidental, for reimbursement of expenses and costs, in particular, transportable and duties, which consists of reimbursement of advances granted and any other claims arising under the contract or storage contracts, statutory lien on the things devoted to the composition, while they are with him or a person, which holds them in his name, or as long as may dispose of them through the documents.

Art. 8594. [The contract extension]
The storage contract concluded for a period of time shall be deemed extended for an indefinite period, if the 14 days before the deadline constituent entrepreneur does not ask for things received by registered mail on time.

Art. 8595. [Termination]
The storage contract concluded for an indefinite period may terminate the storage operator by registered mail, one month notice, but not earlier than after 2 months of the things.

Art. 8596. [Failure to collect things]
If you do not receive the things made, despite the expiry of the agreed term or period of notice of contract, storage operator can give to for safekeeping at the expense and risk of submitting. However, it may exercise the right only, If submitting warned of his intention to exercise his right to a registered letter, sent not later than 14 days before the agreed time.

Art. 8597. [Termination for good cause]
Despite the conclusion of a period of time entrepreneur component may for good cause, at any time, consisting call to pick things, But setting an appropriate deadline for receipt.

Art. 8598. [Expiry of claims comprising]

§ 1. By taking away things without a reservation and payment of all claims shall extinguish all the constituent entrepreneurs claim to the business component for the storage contract, with the exception of claims for damage to things invisible, if the person, within seven days of receipt, informed about their constituent entrepreneur.

§ 2. The provision of § 1 does not apply in the case, when the occurrence of damage is the consequence of willful misconduct or gross negligence.

Art. 8599. [Limitation]
Claims for storage contracts expire after the end of the year.

Tytuł XXXI. Company

Art. 860. [Concept; form]

§ 1. Through partnership agreement the partners shall strive to achieve a common economic purpose by acting in a manner determined, in particular by making contributions.

§ 2. The articles of association shall be recognized by a letter.

Art. 861. [Contribution]

§ 1. The contribution of a partner may consist of bringing the company's property or other rights, or the provision of services.

§ 2. Is presumed, the contributions of the partners are of equal value.

Art. 862. [Bringing things]
If a partner has committed to bring things to a company owned, to comply with this obligation, as well as responsible for the warranty and the danger of loss of or damage to property, the provisions of the sale. If things are to be paid only to use, apply by analogy in this respect the provisions of the Lease.

Art. 863. [Joint tenancy]

§ 1. Partner can not dispose of the share in the common property of the shareholders or the share of individual components of this property.

§ 2. During the company's partner may not claim the division of joint property of partners.

§ 3. During the claimant's partner can not satisfy demand from its share in the common property of the shareholders or to participate in the various components of this property.

Art. 864. [Joint and several liability]
For the obligations of the company's partners are jointly and severally liable.

Art. 865. [Running the company]

§ 1. Each partner is entitled and obliged to conduct the affairs of the company.

§ 2. Each partner may, without prior resolution of the shareholders carry case, which do not exceed the scope of ordinary activities of the company. If, however, before the end of the case even if one of the other shareholders object to the conduct of, shareholder resolution is needed.

§ 3. Each partner may, without prior resolution of the shareholders make a sudden step, whose failure could expose a company to irreparable losses.

Art. 866. [Representing the company]
Unless otherwise agreed, or a resolution of shareholders, each shareholder is authorized to represent the company in so far, in which it is entitled to conduct its affairs.

Art. 867. [Share of profits and losses]

§ 1. Each partner is entitled to an equal share in the profits and thus participates in the loss ratio, regardless of the type and value of the contribution. In the agreement the company may otherwise determine the ratio of participation of partners in the profits and losses. You can even relieve some of the shareholders of the share of losses. However, no shareholder can exclude from participation in profits.

§ 2. Fixed in the contract value share in the profits of the shareholder applies in case of doubt as to the share of losses.

Art. 868. [The division and distribution of profits]

§ 1. Any shareholder may request the allocation and payment of profits only after the dissolution of the company.

§ 2. However, when the company was concluded for a longer time, shareholders may require the allocation and payment of profits at the end of each financial year.

Art. 869. [Termination of participation]

§ 1. If the company has been concluded for an indefinite time, each partner may withdraw by saying its share for three months ahead of year-end.

§ 2. For important reasons, the partner may terminate its participation without the period of notice, even if the company was made for a fixed. Claiming the opposite is invalid.

Art. 870. [Termination by a personal creditor]
If within the last six months has been carried out unsuccessful execution of the movable member, his personal creditor, which has been addressing shareholder rights in the event of the company or its solution, may terminate its participation in the company for three months ahead, even if the company was made for a fixed. If the articles of association provide a shorter notice, the creditor can take advantage of this term.

Art. 871. [Settlement of the common shareholder]

§ 1. Those observed with the company's shareholder returns in the nature of things, which brought the company to use, and shall be paid in cash the value of his contribution as determined in the articles of association, and in the absence of such designation – value, that this took the time to bring. There is no refund value of the contribution for the provision of services or for use by a company belonging to the partner thing.

§ 2. In addition, a shareholder who appears shall be paid in cash, a proportion of the value of the common assets remaining after deducting the value of the contributions of all partners, which corresponds to the ratio, which occurs partner participated in the profits of the company.

Art. 872. [Death of partner]
Can be restricted, that the heirs will join the company's partner in its place. In this case, they should indicate the company, one person, which will implement the law. Until that happens, other partners are free to take any steps in the conduct of affairs of the company.

Art. 873. [The contract extension]
If, despite the existence of the agreement provided for dissolution of the reasons it continues with the consent of all shareholders, it is deemed to be extended for an indefinite time.

Art. 874. [Solution of the company by the court] [357]

§ 1. For important reasons, each partner may demand dissolution of the company by the court.

§ 2. The Company shall terminate on the date of declaration of bankruptcy partner.

Art. 875. [Effects of termination]

§ 1. Since the dissolution of the company shall apply to the joint property of partners the rules of ownership in fractional parts subject to the provisions below.

§ 2. The assets remaining after payment of debts of the company returns to shareholders with their contributions, applying the provisions of the return of contributions in the event of a shareholder.

§ 3. The remaining surplus of joint property is divided among the shareholders in such a ratio, in which participated in the profits of the company.

Title XXXII. Bail

Art. 876. [Concept; form]

§ 1. By a surety agreement the guarantor undertakes to perform the obligation of the creditor in case of, if the debtor has not made a commitment.

§ 2. Guarantor should be a statement to be valid in writing.

Art. 877. [The lack of ability of the debtor]
In case of surety for the debt of the person, who could not commit due to a lack of legal capacity, guarantor must provide the debtor to meet principal, if at the time the guarantee of a lack of ability of the person knew or could easily find out.

Art. 878. [Future debt]

§ 1. You can stand surety for the debt came up to the amount of labeled.

§ 2. Perpetual guarantee for future debt may be canceled before the creation of the debt at any time.

Art. 879. [The scope of the guarantee]

§ 1. The scope of the obligations the guarantor shall decide the scope of the obligations of the debtor każdoczesny.

§ 2. However, legal action made by the debtor with the creditor, after giving the surety can not increase the obligations the guarantor.

Art. 880. [The delay of the debtor]
If the debtor is late in meeting the provision, creditor should immediately notify the guarantor.

Art. 881. [The liability of the guarantor]
In the absence of a claim as the guarantor is liable jointly and severally współdłużnik.

Art. 882. [Reminder of the creditor]
If the maturity of the debt is not marked, or if the payment of the debt depends on the termination, guarantor may after six months from the date of the guarantee, and if vouched for future debt – after the date the debt claim, urged that the creditor or debtor to pay the next term of notice has. If the creditor does not comply with the above request, guarantor obligation expires.

Art. 883. [Charges against the creditor]

§ 1. A guarantor may raise against the creditor all the defenses, enjoyed by the debtor; in particular, the guarantor may deduct debt owed to the debtor against the creditor.

§ 2. The guarantor does not lose these allegations, even if the debtor has renounced or declared creditor's claim.

§ 3. In case of death of the debtor's guarantor may not invoke the limitation of liability of the heirs under law of succession.

Art. 884. [Call the debtor to the case]

§ 1. Guarantor, against whom the claimant pursued a claim, shall immediately notify the debtor calling on him to take part in the.

§ 2. If the debtor does not attend the, he may not raise objections against the guarantor, which he is entitled against the creditor, and the guarantor did not raise this reason, that he did not know about them.

Art. 885. [Notification to the debtor for payment]
The guarantor shall immediately notify the debtor of the payment made by each of the debt, for which underwrote. If this is not done, and the debtor has made a commitment, may not claim reimbursement from the debtor to, what he has paid to the creditor, unless the debtor has acted in bad faith.

Art. 886. [Notice of the guarantor to execute the]
If bail is granted with the knowledge of the debtor, debtor should immediately notify the guarantor to execute the obligations. If this is not done, guarantor, which satisfied the creditor, debtor may request the return of this, which the creditor has paid, unless they acted in bad faith.

Art. 887. [The disposal of a security and evidence]
If the creditor gives up security for claims or evidence, It bears the guarantor liability for resulting damage.

Title XXXIII. Donation

Art. 888. [Concept]

§ 1. Through donations donor agreement commits to a free benefit to the recipient at the expense of his estate.

§ 2.[358] (deleted)

Art. 889. [Freewill donations are not]
There are the following free gifts of donations:

1) the commitment to free provision under an agreement governed by other provisions of the Code;

2) when someone waives the right, has not yet been acquired or that has acquired in such a way, that if a waiver of the right is considered to have been acquired.

Art. 890. [Form]

§ 1. Statement of the donor should be submitted in the form of a notarial act. However, the donation contract concluded without this form of behavior becomes important, if the promised benefit is met.

§ 2. The above shall not prejudice the provisions, that due to the subject donation require a specific form for the claims of both sides.

Art. 891. [Liability of donor]

§ 1. The donor is obliged to repair damage resulting from failure to perform or improper performance of obligations, if the injury was caused intentionally or through gross negligence.

§ 2. If the donor is late in meeting a financial benefit, recipient can claim interest for late payment only from the filing of an action.

Art. 892. [Disadvantages of things]
If the defect is remitted, donor is obliged to repair the damage, which is caused by a obdarowanemu, that knowing about the defect did not tell him about them at the right time. This provision does not apply, when the recipient could easily defect notice.

Art. 893. [Order]
Donor may put the recipient's obligation to act or omission marked, not doing anyone a creditor (order).

Art. 894. [Request fill]

§ 1. Donor, who made a commitment under a donation agreement, can request completion of the command, unless it is solely to benefit the recipient.

§ 2. After the death of the donor fill commands may require the heirs of the donor, and if to take into consideration the public interest – the competent authority in.

Art. 895. [Refusal]

§ 1. Recipient can refuse to fulfill the command, if this is justified due to substantial changes.

§ 2. If you fill command requests the donor or his heirs, recipient may be released by the issue of a donation in kind in the state, in which this object is located. This provision does not apply, the fulfillment of the command requires the competent authority of the state.

Art. 896. [Appeal donations uncompleted]
The donor may revoke a donation has not yet made, If after the conclusion of his assets has been such a change, donations that execution can not take place without prejudice to its own maintenance according to the justified needs or without prejudice to the laws imposed on maintenance obligations.

Art. 897. [Lack of donors]
If after the donation the donor will fall into deficit, recipient is required to, even within the existing enrichment, Donors provide resources, which he lacks to maintain adequate for the reasonable needs or to comply with its statutory duties relating to maintenance. Recipient may, however, released from his obligation to enrich the value of paying donors.

Art. 898. [Appeal donations made]

§ 1. The donor may revoke a donation already made up, if the recipient has been guilty of gross ingratitude towards him.

§ 2. Return the object references donations should be made pursuant to the provisions of unjust enrichment. Since the event justifying the appeal recipient responsibility on a par with unjustly enriched, which should be expected from their obligation to repay.

Art. 899. [Forgiveness; appeal by the heirs]

§ 1. Donations can not be revoked because of ingratitude, if the donor has forgiven obdarowanemu. If at the time of forgiveness donor had no legal capacity, forgiveness is effective, where there has been of sufficient discernment.

§ 2. The heirs of the donor may revoke the donation because of ingratitude only, the donor at the time of his death he was entitled to appeal or if the donor gives the gift of intentionally deprived of life or intentionally caused to health, which has resulted in the death of the donor.

§ 3. Donations can not be canceled after one year from the date of, where the right to appeal heard about the ingratitude of the recipient.

Art. 900. [Form]
The appeal follows a donation by a declaration in writing obdarowanemu.

Art. 901. [Termination by court]

§ 1. Representative of the incapacitated person may request termination of donations made by the person in front of empowerment, if the donation because of the value of benefits and lack of legitimate reasons is excessive.

§ 2. Donation of termination may not be required after two years of its implementation.

Art. 902. [Exclusion of appeal]
The provisions of the cancellation shall not apply to donations, the donation complies with the obligation resulting from the rules of social.

Title XXXIII1. Transfer of real property[359]

Art. 9021. [Content of the contract transfer of the property]

§ 1. By the contract of transfer of the property owner agrees to transfer to the municipality free of charge or on property owned by the Treasury.

§ 2. Treasury may establish a transfer of property, the location of the entire municipality or part of the property did not take the invitation to its conclusion within three months from the date of the invitation by the property owner.

Art. 9022. [Exclusion of liability of the owner]
If the parties have agreed otherwise transferring the property owner is not responsible for the defects.

Tytuł XXXIV. Pension and annuity

Section I. Income

Art. 903. [Concept]
For annuity contract, one party agrees to certain terms of the other periodic benefits in money or in things which marked only the species.

Art. 9031. [Form pisemna] [360]
Annuity contract should be ascertained by a letter.

Art. 904. [Payment terms]
If not determined otherwise annuity payment terms, pension money to be paid monthly in advance, and pension benefits consisting of the things identified only as a species must be paid in terms of benefits arising from the nature and purpose of the pension.

Art. 905. [Death of holder]
If the holder lived on disability payments paid in advance, he should be all benefit accruing for the period. Pension payable shall be paid for the period until, in which the obligation is terminated.

Art. 906. [Remuneration]

§ 1. To set up a pension for remuneration, the provisions of the sale.

§ 2. To set up a pension without pay shall be governed by a donation.

Art. 907. [Non-contractual pension]

§ 1. The provisions of this section shall apply in the absence of specific provisions in the event, when the pension is due to non-contractual sources.

§ 2. If the obligation to pay rent based on the Law, either party may, if the relationship changes require changes in the level or duration of disability, even if the amount of pension and its duration were determined by a judgment or in the contract.

Section II. Annuity

Art. 908. [Concept]

§ 1. If, in exchange for the transfer of ownership of the property the buyer agreed to provide lifetime maintenance vendor (annuity contract), it should, Unless otherwise agreed in, accept the vendor as a member of the household, provide it with food, clothes, housing, light and fuel, provide him with adequate support and nurture the disease and make his own expense corresponding to the funeral customs of the local.

§ 2. If the contract purchaser of a life sentence ordered to be committed to the vendor's use of, the exercise of which is limited to part of the property, dwelling or other easement easement or satisfy personal recurring provision of money or the things labeled as to species, use, personal servitude and the right to duplicate benefits include life imprisonment for the content of the law.

§ 3. Annuity also can provide to a person close to the property seller.

Art. 909. [361]
(deleted)

Art. 910. [Property and personal effects]

§ 1. Transfer of immovable property under a contract of life imprisonment is a load of real estate law, while life imprisonment. For this load, the provisions on limited property rights.

§ 2. In the case of sale of the servient estate law, life imprisonment shall be borne by the purchaser as a personal responsibility for the provision of the law covered, unless they become due during the, when the property was not his property. Personal liability is joint and several co-owners.

Art. 911. [Death of one of the authorized]
The law laid down life sentences to several people in the event of death is one of those persons to a corresponding reduction.

Art. 912. [Inalienability]
Is the inalienable right of life imprisonment.

Art. 913. [Conversion to annuity; solution]

§ 1. If for any reason between dożywotnikiem produce a bound such relations, you can not require parties, to remain in direct contact with each other, court at the request of one of them will convert all or some of the powers covered by the wording of the law a life sentence for a lifetime pension equivalent to the value of those rights.

§ 2. In exceptional cases the court may at the request of the debtor or the annuitant, if the annuitant is the property vendor, terminate the life sentence.

Art. 914. [Disposal of property]
If required under the contract of annuity sold the property received, annuitant may require conversion rights to the life annuity life annuity equivalent to the value of this right.

Art. 915. [Use for the maintenance of]
Provisions in the two preceding Articles shall apply mutatis mutandis to contracts, through which the purchaser has undertaken, to ensure the maintenance of life of the seller, to charge the property with limited use of his performing the part of the property.

Art. 916. [The relative ineffectiveness of life imprisonment]

§ 1. Person, respect of which rests on dożywotniku legal duty to maintain, may request that the annuity contract to be void in respect of it, if the annuitant as a result of this agreement became insolvent. Permission is granted regardless of, or annuitant acted unfairly in the knowledge of creditors, and regardless of the time the contract.

§ 2. A contract for life imprisonment can not be claimed ineffective after the expiration of five years from the date of this agreement.

Tytuł XXXV. Settlement

Art. 917. [Concept]
By making himself the settlement of mutual concessions within the existing legal relationship between them for this purpose, to repeal the uncertainty as to claims arising from that relationship and ensure its execution, or to revoke a dispute exists or is likely to arise.

Art. 918. [Error]

§ 1. Evade the legal consequences of a settlement under the influence of error is permitted only if, when the error relates to factual, which according to the content of the agreement both parties considered it a definite, a dispute or uncertainty would not be created, if at the time the settlement parties know about the real state of things.

§ 2. You can not escape the legal consequences of a settlement because of the finding of evidence of the claims, the agreement relates, unless it has been made in bad faith.

Tytuł XXXVI. Public Oath

Art. 919. [Concept; cancellation]

§ 1. Who is the public announcement promised reward for the performance of designated operations, is obliged to promise to keep.

§ 2. If the promise has not been designated due date or has been following objections, that promise is irrevocable, przyrzekający may withdraw. The appeal should be made by public announcement in the same way, in which the promise was made. The appeal is ineffective against the person, who had previously performed action.

Art. 920. [Several contractors]

§ 1. If the activity has implemented several people independently of each other, each of them should be a reward in full, unless it has been promised only one prize.

§ 2. If you were promised, only one prize, received by the person, The first team to raise, and in case of simultaneous application of several people – to, who performed the first operation.

§ 3. If the activity has implemented several people, in case of dispute, the court will divide the prize, respectively.

Art. 921. [Contest]

§ 1. Public prize for the best work or the best action is ineffective, if it was not marked term, within which to claim the prize.

§ 2. Evaluation, whether and which the work or activity deserves the award, belongs to przyrzekającego, unless otherwise provided the promise of reward.

§ 3. Przyrzekający acquire the ownership of the prize winning works only if, if it has reserved in the promise. In the event that the acquisition of property takes place upon the payment of awards. This provision also applies to the acquisition of rights, or rights to inventions.

Tytuł XXXVII. Transmission and securities[362]

Section I. Transfer

Art. 9211. [Concept] [363]
Who shall provide the other (payee) provision of third party (given), This authorizes the recipient of the transfer to take, and passed to the performance of the obligation for the account of the transferor.

Art. 9212. [Adoption; prescription]

§ 1. [364] If passed said receiver of the transmission, that the transfer takes, the recipient is obliged to comply with the provision specified in the transmission.

§ 2. [365] In this case, forwarded may rely only on grounds arising from the content of the media and the allegations, He enjoyed himself the recipient.

§ 3. Customer claims against the submitted, arising from the transfer, expire after the end of the year.

Art. 9213. [Cancellation]
The transferor may transfer appeal, not accepted until it passed or did not fulfill the provision of.

Art. 9214. [Passed as a debtor transferor]
If the transferor is the debtor transferred the transferred benefits, he is obliged to compensate for the transfer of the.

Art. 9215. [Transferor as a debtor recipient]
If the transferor is the debtor of the payee, debt cancellation takes place only by way of providing, unless otherwise agreed.

Section II. Securities

Art. 9216. [Features]
If the liability due to a security issued, the debtor is obliged to provide for the return of the document or making it available to the debtor in order to deprive the document of legal effect in the usual manner.

Art. 9217. [The card holder]
Such an obligation into the hands of the holder of the security content legitimated relieve the debtor, unless he acted in bad faith.

Art. 9218. [Named documents]
Securities registered they carry a person named in the document content. The transfer of rights by transfer combined with the issue of the.

Art. 9219. [Documents on behalf of; indos]

§ 1. Securities they carry on behalf of the person named in the document and each, to whom the rights have been transferred by endorsement.

§ 2. An endorsement is a written statement of the value placed on paper on request and contains at least the signature of the seller, meaning the transfer of rights to another person.

§ 3. For the transfer of rights from the document you need is his issue and the existence of an uninterrupted series of endorsements.

Art. 92110. [Documents bearer]

§ 1. If the document is released into the circulation of the bearer is required to permit a national authority, document issued without such a permit is invalid.

§ 2. The signature of the debtor may be reflected by mechanical means, unless specific provisions provide otherwise.

Art. 92111. [Develop]

§ 1. The debtor has no obligation inquiry, whether the holder is the owner of the document. However, in case of reasonable doubt, whether the document holder is a creditor, the debtor must make the object the provision of legal deposit.

§ 2. If the competent authority of the state issued a ban on the provision, exemption from liability shall be by deposit subject to the provision of legal deposit.

Art. 92112. [Transfer of rights]
Transfer of bearer of the document requires the issuance of this document.

Art. 92113. [Allegations of the debtor]
The debtor may invoke against the creditor to allegations, which relate to the validity of the document or the result of its content or serve him in person against the creditor. The debtor may also rely on the allegations, which he used against the previous creditor, document if the buyer has knowingly acted to the detriment of the debtor.

Art. 92114. [Redemption]

§ 1. Redemption of securities governed by specific provisions.

§ 2. If a security has been legally canceled, the debtor is obliged to deliver to the person, to whom the remission was, at the expense of a new document, and when the debt is due – performance which.

Art. 92115. [Signs of passport]

§ 1. Securities regulations shall apply to the finding of coupons required to provide.

§ 2. In the event of loss of legitimizing trade compliance including the obligation to provide its content on the demand of the creditor, debtor may make such an obligation of showing entitlement by the person who so requests.

§ 3. To sign legitimizing, which does not specify by name the person entitled, , the provisions of the securities in bearer form, unless otherwise apparent from the specific.

Art. 92116. [The documents do not concern claims]
The provisions of this chapter shall apply to the securities amounting to rights other than claims.

Book Four. Declines

Title I. General Provisions

Art. 922. [Concept]

§ 1. Rights and responsibilities transferred to property of the deceased at the time of his death to one or more persons pursuant to the provisions of this book.

§ 2. They do not belong to a decline in the rights and obligations of the deceased closely associated with his person, as well as rights, which at the time of his death are transferred to the designated person regardless of, whether they are the heirs.

§ 3. Succession to debts also include funeral expenses of the deceased to the extent, in which the funeral is responsible habits adopted in a given environment, the cost of the succession, required to satisfy the claims for legitim and the obligation to comply with the provisions and instructions, as well as other duties provided for in the books of this.

Art. 923. [Permissions close to home]

§ 1. The spouse and other relatives of the deceased, who lived with him until his death, are entitled to use within three months from the opening drop of the housing and household equipment in the existing. Disposition of the deceased excluding or limiting this privilege is invalid.

§ 2. The above shall not limit the rights of spouses and other relatives of the deceased, arising from the lease of premises, or the cooperative right to premises.

Art. 924. [Opening]
Fall opens with the death of the deceased.

Art. 925. [Acquisition]
Heir to purchases fall upon the opening of the inheritance.

Art. 926. [Title to fall]

§ 1. Appointment to drop due to the Act or of the will.

§ 2. Inheritance laws as to the total decline occurs, if the deceased did not call an heir, or if none of the people, cited by, does not want or can not be heir.

§ 3. Subject to the exceptions provided by statute, the inheritance laws of inheritance occurs, if the deceased has not referred to that part of the heirs, or when any of several people, which established the total decline, does not want or can not be heir.

Art. 927. [The ability to inherit]

§ 1. It may not be the heir of an individual, who does not live at the opening of fall, or legal person, at that time, there is no.

§ 2. However, the child at the time of opening of the inheritance already conceived may be the heir, if born alive.

§ 3. [366] Foundation established in his will by the testator may be the heir, if it is registered within two years from the announcement of a will.

Art. 928. [Unworthiness]

§ 1. An heir may be considered by the court as an unworthy, if:

1) intentionally committed a grave crime against the deceased;

2) trick or threat persuaded the testator to make or revocation of a will or in the same way prevented it from making one of these activities;

3) intentionally hid or destroyed the testament of the deceased, forged or rewrote his will, or knowingly benefited from the will by another person of counterfeit or forged.

§ 2. Unworthy heir is excluded from the inheritance, as if unable to attend the opening of fall.

Art. 929. [The recognition of unworthiness]
Recognition unworthy heirs may demand any, who has an interest. Such a demand may occur within one year of, in which he learned about the cause of unworthiness, but not later than within three years from the opening of the inheritance.

Art. 930. [Forgiveness]

§ 1. An heir can not be regarded as unworthy, legitimate if he forgave.

§ 2. If at the time to forgive the deceased did not have legal capacity, forgiveness is effective, where there has been of sufficient discernment.

Title II. Inheritance laws

Art. 931. [Inheritance descendants and spouse]

§ 1. The first are called to act to decrease the testator's children and his spouse; They inherit in equal shares. However, the portion attributable to the spouse shall not be less than one quarter of the decline.

§ 2. If the child has not reached the opening of the deceased fall, declining share of, which fell to him, falls to his children in equal shares. This provision shall apply mutatis mutandis to the further descendants.

Art. 932. [Inheritance of a spouse, parents and siblings] [367]

§ 1. In the absence of the testator's descendants are called to fall in with the law of his spouse and parents.

§ 2. Declining share of each parent, which inherits the confluence of the deceased spouse, is one-quarter of the entire decline. If paternity has not been established parent, declining share of the deceased's mother, inherits from the confluence of the spouse, half the decline in.

§ 3. In the absence of the deceased spouse's descendants and the drop falls to his parents in equal shares.

§ 4. If the parent of the deceased was not reached by opening of the inheritance, declining share of, which fell to him, falls siblings of the deceased in equal shares.

§ 5. If any of the siblings of the deceased was not reached by opening of the inheritance, leaving descendants, declining share of, which fell to him, account for his descendants. The division of this part shall be according to rules, which relate to the division between the descendants of the deceased further.

Art. 933. [Develop] [368]

§ 1. Declining share of the spouse, which inherits the confluence with the parents, siblings, siblings and descendants of the deceased, half the decline in.

§ 2. In the absence of descendants of the deceased, his parents, siblings and their descendants, the spouse of the deceased fall falls.

Art. 934. [Develop] [369]

§ 1. In the absence of descendants, spouse, parents, siblings and descendants of the deceased grandparents of the deceased fall falls; They inherit in equal shares.

§ 2. If any of the grandparents of the deceased was not reached by opening of the inheritance, declining share of, which fell to him, account for his descendants. The division of this part shall be according to rules, which relate to the division between the descendants of the deceased fall.

§ 3. In the absence of descendants of the grandparents, who did not live to see the opening of the inheritance, declining share of, which fell to him, falls to the other grandparents in equal parts.

Art. 9341. [Develop] [370]
In the absence of the deceased's spouse and relatives, called to the inheritance of the Act, drop falls in equal parts the children of the deceased spouse, which none of the parents did not live at the opening of fall.

Art. 935. [Develop; Inheritance of the Treasury] [371]
In the absence of the deceased spouse, his relatives and children of the deceased spouse, called to the inheritance of the Act, drop falls last municipality of residence of the deceased as a statutory heir. If the deceased's last residence in the Polish Republic can not be determined or last place of residence of the deceased was located abroad, drop falls to the Treasury as a statutory heir.

Art. 9351. [Isolation] [372]
The provisions of the appointment to the inheritance of the Act shall not apply to the spouse of the deceased remaining in the separation.

Art. 936. [Succession in the event of adoption of full]

§ 1. An adoptee inherits from his adoptive parents and relatives as, as if he was a child of the adopter, and adoptive relatives and the adoptee to inherit as, was as if the adoptive parent of an adopted.

§ 2. An adoptee does not inherit after his initial natural products and their relatives, and they do not inherit the.

§ 3. [373] In cases where one spouse has prepared a child of the other spouse, provision of § 2 inapplicable to the spouse and his relatives, and if such an adoption occurred after the death of the other parent of the adopted, also the relatives of the deceased, whose rights and obligations of kinship are in the judgment of the Adoption maintained.

Art. 937. [Succession in case of incomplete adoption]
If the effects of adoption rely solely on the formation of the relationship between the adopter and the adoptee, The following rules apply:

1) adopted person inherits the adopter on a par with his children, descendants of the adopted and the adoptive parents inherit the same way as distant descendants of the deceased;

2) the adoptee and his descendants do not inherit from relatives of the adopter, relatives of the adopter and the adoptee do not inherit, and his descendants;

3) parents, adoptive parents do not inherit from the adopted, and instead inherits from adoptive adoptee; besides adoption does not affect inheritance arising from kinship.

Art. 938. [Grandparents Permissions]
Grandparents of the deceased, if they are in poverty and can not get a livelihood due to them from people, who have the respect to their legal duty to maintain, may request from the heirs of the unloaded such obligation means of subsistence in relation to their needs and the value of its share of the inheritance. An heir can do justice to this claim also in this way, grandparents of the deceased would pay a cash sum equivalent to the value of one quarter of its share of inheritance.

Art. 939. [Home appliance items]

§ 1. A spouse inheriting from the Act in conjunction with the other heirs, except the descendants of the deceased, who lived with him at the time of his death, may require from the drop in more than its share of declining home appliance items, of which the deceased enjoyed in life together with him, or only the same. To claim the spouse of this title, the provisions on record.

§ 2. This permission is not entitled to a spouse, if the cohabitation of the spouses ceased living with the deceased.

Art. 940. [Spouse exemption from Inheritance]

§ 1. [374] The spouse is excluded from the inheritance, legitimate if there is a divorce or legal separation from his fault, a request was justified.

§ 2. Spouse exemption from inheritance shall be determined by court decision. Exemptions may require each of the other heirs called to the inheritance laws in conjunction with a spouse; deadline for bringing action is six months from the date of, in which the heir heard about the opening of fall, not more than one year from the opening of the inheritance.

Title III. Disposition on death

Section I. Testament

Chapter I. General Provisions

Art. 941. [Exclusivity disposition]
Rozrządzić estate in the event of death may be only a testament.

Art. 942. [Prohibition of joint wills]
Testament may contain only one disposition of the deceased.

Art. 943. [Removability]
Testator may at any time revoke a testament to the whole, and its specific provisions.

Art. 944. [Ability testing]

§ 1. Make and revoke a will may only person with full legal capacity.

§ 2. Testament can not be made or canceled by the agent.

Art. 945. [Disadvantages of a declaration of intent]

§ 1. Testament is invalid, if it was drawn:

1) able to deliberate exclusionary or taking of a decision, and the free expression of will;

2) under the influence of error to justify the supposition, that if the deceased was not acting under the influence of error, sporządziłby not the will of this content;

3) under the influence of threat.

§ 2. The invalidity of the will of these reasons can not be relied upon after three years from the date, in which a person having an interest learned about the cause of the invalidity, and in any case, after ten years from the opening of the inheritance.

Art. 946. [The methods of appeal]
The appeal of a will may be made either in this way, that the testator draw new testament, or so, that the intention to appeal against the will destroy or deprive him of his qualities, on which its validity, or, finally, in this way, in his will that it will change, which shows the appeal of its provisions will.

Art. 947. [Develop]
If the decedent made a new will is not in it marking, that the previous link, are subject to appeal only those provisions of the preceding testamentary, which can not be reconciled with the New Testament.

Art. 948. [Interpretation]

§ 1. Testament should be translated as, to ensure the fullest possible realization of the will of the testator.

§ 2. If a will can be translated variously, be interpreted as meaning, order to keep the deceased in the disposition of power and give them a reasonable content.

Chapter II. Form testamentu

Branch 1. Wills ordinary

Art. 949. [Handwritten]

§ 1. Testator may make a will in this way, would write it in full manuscript, sign and bind up the date.

§ 2. However, no date does not render void the personal testament, if it does not cause doubts about the ability of the testator to the will, the content of a will or as to the relationship between several wills.

Art. 950. [Notarial]
Testament can be written in the form of a notarial act.

Art. 951. [Allograficzny]

§ 1. [375] Testator may also make a will in this way, that in the presence of two witnesses declare his last will orally to the mayor (Mayor, Mayor), Mayor, Marshal, secretary of the county or municipality or the head of the civil.

§ 2. Statement by the testator is doing in the record of the date of its preparation. The minutes read the testator in the presence of witnesses. Protocol should be signed by the testator, by a, to which the will was oświadczona, and by witnesses. If the testator can not sign the protocol, this should be indicated in the minutes indicating the reasons for the lack of signature.

§ 3. Deaf or dumb person can not make a will in the manner provided in this Article shall.

Branch 2. Wills Special

Art. 952. [Oral]

§ 1. If there is a fear of imminent death of the testator, or if as a result of special circumstances the behavior of the usual form of a will is impossible or very difficult, testator may make last wishes orally together with the presence of at least three witnesses.

§ 2. The content of an oral testament can be determined in this way, that a witness or a third person will write down a statement of the deceased within one year after filing, stating the place and date of the declaration and the place and date of preparation of the statement, a letter signed by the testator and two witnesses, or all witnesses.

§ 3. In the event that the contents of an oral testament was not detected in this way, it may be, within six months from the date of opening of the inheritance determined by consistent statements of witnesses made before the court. If the hearing one witness is not possible or are difficult to overcome, the court may settle for consistent testimony of two witnesses.

Art. 953. [Traveler]
When traveling on the Polish ship or aircraft may make a will to the commander of the ship or his deputy in this way, that the testator declares his will to the commander of the ship or his deputy in the presence of two witnesses; commander of the vessel or his deputy, writes down the will of the testator, write it with the date, and the letter reads in the presence of witnesses, the testator, followed by a letter signed by the testator, witnesses and the commander of the vessel or his deputy. If the testator can not sign the letter, You should give the reason for the lack of signature of the testator. If this type of behavior is not possible, interpreter can make a will.

Art. 954. [Military]
A special form of wills, the military will determine the Minister of National Defence issued in consultation with the Minister of Justice.

Art. 955. [The effectiveness of the particular wills]
Testament special expires six months after cessation of the circumstances, which justified the failure to comply with the normal form of wills, unless the testator died before that date. The period shall be suspended for the time, within which the testator is unable to ordinary testamentary.

Branch 3. Provisions common to the wills of ordinary and special

Art. 956. [The absolute inability of witnesses]
There may be a witness in preparing a will:

1) who does not have full legal capacity;

2) blind, deaf or dumb;

3) who can not read and write;

4) who does not speak, in which the testator shall testament;

5) sentenced by a court verdict for false testimony.

Art. 957. [The relative inability of]

§ 1. There may be a witness in the preparation of a will a person, for which the testament was provided any advantage. There may also be seen: that person's spouse, her relatives or relatives of the first and second degree and those who had been with her in the relationship of adoption.

§ 2. If the witness was one of the persons mentioned in the preceding paragraph, provision is invalid only, which confers an advantage to the person, her husband, relatives by blood or marriage of the first or second degree, or a person married to her in respect of adoption. However, when the contents of the will or the circumstances indicate, that without the invalid provisions of a will the testator is not the content sporządziłby, void is the testament.

Art. 958. [Consequences of breach form]
Testament made in violation of this chapter shall be void, unless these rules provide otherwise.

Section II. Appointment of successors

Art. 959. [Establishment of an heir]
Testator may appoint all or part of the decline in one or more persons.

Art. 960. [Inheritance of several people]
If the deceased was called to the inheritance or to the marked decline in the number of beneficiaries, without specifying their share of inheritance, They inherit in equal shares.

Art. 961. [Disposition of marked objects]
If the deceased person allocated designated in a will each subject property, which cover almost the entire decline, that person shall be considered, if in doubt, not as legatee, but as the heir appointed for the whole drop. If such a testamentary disposition has been made to several people, those persons deemed to be in doubt as established for the entire decline in fractional parts corresponding to the ratio of the value for the items.

Art. 962. [Appointment of the condition or term]
Reservation of a condition or term, done at the appointment of testamentary heirs, is considered to be non-existent. However, if the contents of the will or the circumstances indicate, that without such a reservation would not be appointed heir, appointment of an heir is void. These provisions do not apply, if it come to fruition or nieziszczenie a condition or arrival date occurred before the opening of the fall.

Art. 963. [By a simple]
You can appoint a testamentary heir in case of, if any person designated as a statutory heir or testamentary would not or could not be heir (substitution).

Art. 964. [Substitution of trustee]
Provision of a will, by which the testator obliges an heir to the inheritance of acquired behavior, and to leave it to another person, only has this effect, that the other person is appointed to a decrease in case, if the heir did not want or could not be heir. However, if the contents of the will or the circumstances indicate, that the heir without such a limitation would not be appointed, appointment of an heir is void.

Art. 965. [Increase]
If the deceased was established several testamentary heirs, and one of them does not want or can not be heir, designed for the participation, Unless otherwise bequeath, other testamentary heirs falls in relation to interest accruing to them (increase).

Art. 966. [Grandparents Permissions]
When the power of the will decline coincided with the statutory heirs laden maintenance obligation against the grandparents of the deceased, grandparents, if they are in poverty and can not receive funds from individuals living, who have the legal duty to maintain, heirs may request means of subsistence in relation to their needs and the value of its share of the inheritance. An heir can do justice to this claim also in this way, grandparents of the deceased would pay a cash sum equivalent to the value of one fourth part of its share of the inheritance.

Art. 967. [Maintain records and commands]

§ 1. If the person appointed as testamentary heir does not want or can not be heir, legal heir, who fell for this person for declining participation, is obliged to, Unless otherwise bequeath, make incriminating records of this person, commands and other disposition of the deceased.

§ 2. This provision shall apply to the heirs and the heirs of the substituted, declining share of which falls due to the increase.

Section III. Record and command

Art. 968. [Writing and recording continued]

§ 1. Testator may by testamentary disposition to commit the statutory or testamentary heir to a specific benefit to the property designated person (record).

§ 2. Record of the testator may charge the legatee (further record).

Art. 969. [376]
(deleted)

Art. 970. [The maturity]
Unless otherwise bequeath legatee may demand the implementation of record immediately after the announcement of a will. However, further write-laden legatee may withhold its performance until the moment when writing by the heir.

Art. 971. [Burdensome record number of beneficiaries]
If the drop falls several heirs, record their burden with respect to their shares of inheritance, unless otherwise agreed by the testator. This provision shall apply accordingly to continue to write.

Art. 972. [Return]
The provisions of the appointment of an heir, the ability to inherit and unworthiness shall apply to the records.

Art. 973. [Effects of exclusion of legatees]
If the person, on whose behalf the record was made, does not want or can not be legatee, to pay a record is released from the obligation to comply, should, however, in the absence of a separate will of the testator to do further provisions.

Art. 974. [Implementation of further write]
Legatee burdened with the implementation of further record may be released from this obligation also in this way, that it will charge for the further transfer of legatees received for storage or transfer of the claim for enforcement.

Art. 975. [Admissibility condition or term]
Recording can be provided or made subject to a limit.

Art. 976. [The failure of recording]
Unless otherwise bequeath a record of things labeled as to identity is inoperative, If an item is not saved to a decrease in the time of its opening, or if the testator was at the time of his death, obliged to sell this thing.

Art. 977. [Supplementary Claims]
If the record is subject to marked as to the identity, legatees of the claims for remuneration for the use of things, for reimbursement of benefits or the payment of their value, as well as write-laden claims for reimbursement of expenses to, the provisions for claims between the owner and the autonomous possessor of things.

Art. 978. [Disadvantages of things individually marked]
If the record is subject to marked as to the identity, record shall pay the legatees liable for things like donor.

Art. 979. [The quality of things]
If a public record are the things identified only to species, charged should provide things of average quality, taking into account the needs of legatees.

Art. 980. [Disadvantages of things generically labeled]
If a public record are the things identified only to species, loaded relative to liability for physical defects legatees and legal things, the provisions of the warranty in the sale. However, the legatee may demand from the load record only compensation for the improper performance of the recording or delivery of defective goods rather than the things of the same species free of defects and damages caused by delay.

Art. 981. [Limitation]
Claim record shall expire after five years from the date the record.

Art. 982. [Order]
Testator may put in his will to the heir or legatee duty designated act or omission, not doing anyone a creditor (order).

Art. 983. [Command aggravating legatee]
Legatee can stop the command charged with its execution until the write performance by the heir. This provision shall apply mutatis mutandis in the case, continue to burden the legatee.

Art. 984. [Effects of exclusion of legatees]
If the person, on whose behalf the record was made of the obligation to execute the command, does not want or can not be legatee, heir released from the obligation to comply with the record shall, unless otherwise bequeath to perform. This provision shall apply mutatis mutandis in the case, continue to burden the legatee.

Art. 985. [The investigation performance]
Execution of a command may request any of the heirs, as well as the executor, unless the order is intended only to benefit the command load. If the command has to respect the public interest, execution of a command may request the competent authority in.

Dział IV. Executor

Art. 986. [Appointment; ability]

§ 1. Testator may appoint in your will executor.

§ 2. There can be no executor, who does not have full legal capacity.

Art. 987. [Refusal]
If the person appointed as executor does not want the obligation to accept, should make an appropriate declaration before the court.

Art. 988. [Duties and responsibilities]

§ 1. If the testator has otherwise, executor should manage the estate, inheritance to pay off debts, in particular, make records and commands, and then spend the heirs of property inheritance according to the will of the testator and the Law.

§ 2. The executor may sue and be sued on matters arising from the Board of decline. It may also sue in cases of rights belonging to the estate and be sued in cases of a long succession.

Art. 989. [Settlement of the heir]

§ 1. Recourse as between the heir and executor of management resulting from the decline, the provisions of the order for payment.

§ 2. Costs for management of the estate and the executor pay debts belong to the probate.

Art. 990. [Exemption from functions]
For important reasons, the court may release the executor.

Tytuł IV. Legitim

Art. 991. [Concept; entitled]

§ 1. Descendant, spouse and parents of the deceased, who would be called to the decline of the Act, belong to, if the holder is permanently unable to work or if the descendant is entitled to a minor – two thirds share of the inheritance, which fell to him by inheritance laws, while in other cases – half the value of the share (legitim).

§ 2. If the holder has not received due to him or in a reserved portion of the testator made a donation, either in the form of their succession, either in the form of writing, against the heirs entitled to a claim for payment of a sum of money needed to cover the reserved portion or its complement.

Art. 992. [Determining the share of inheritance]
In determining the share of inheritance as a basis for calculating the reserved portion may also be considered unworthy heirs and successors, who fall rejected, but does not include the heirs, who have renounced their inheritance or been dispossessed.

Art. 993. [Adding donations]
The calculation does not include the reserved portion of the records and commands, and is added to the drop, pursuant to the provisions below, donations made by the testator.

Art. 994. [Omission]

§ 1. When calculating the legitim not be added to the decline of small donations, commonly adopted in the circumstances, or made before more than ten years ago, counting backwards from the opening of the inheritance, donations to persons who are not heirs or entitled to a reserved portion of.

§ 2. When calculating the reserved portion due zstępnemu not be added to a drop in donations made for them by the testator at the time, when they had no descendants. This is not the case, when the donation was made to be less than three hundred days before the birth of a descendant.

§ 3. When calculating the reserved portion due spouse not be added to a drop in donations, that the testator made before the conclusion of the marriage.

Art. 995. [Determining the value of donations] [377]
The value of the donation is calculated as at the time of its making, prices and the time of setting a reserved portion of.

Art. 996. [Included donations to legitim]
Donation made by the testator is entitled to a reserved portion shall be credited due to him legitim. If you are entitled to a reserved portion of a further descendant of the deceased, include the legitim due him as a donation made by the testator pre-qualified.

Art. 997. [Assessment of costs of education]
If you are entitled to a reserved portion of a descendant of the deceased, include the legitim incurred due to him by the testator and the costs of education and vocational education, if these costs exceed the average measure adopted in the community.

Art. 998. [Limitation of Liability]

§ 1. If you are entitled to a reserved portion inheritance, he shall be responsible for the records and commands only to the amount of surplus in excess of the share of inheritance, which is the basis to calculate the reserved portion of the holder.

§ 2. This provision shall apply mutatis mutandis in the case, where the record holder for the reserved portion has been charged with further write or command, or made the condition or subject to a limit.

Art. 999. [Develop]
If the heir bound to pay the reserved portion is alone entitled to legitim, its liability is limited to the amount of surplus in excess of its own legitim.

Art. 1000. [The liability of recipients]

§ 1. If the holder can not obtain from its rightful heirs legitim, he may require the person, who received the donation from the deceased's added to the drop, amount of money needed to complete the legitim. However, the recipient is obliged to pay this sum only to the extent of enrichment arising from donations.

§ 2. If the recipient is himself entitled to a reserved portion of, it bears the responsibility to others entitled to a reserved portion of the surplus to the extent of exceeding its own legitim.

§ 3. Recipient may be released from the obligation to pay the sum required to be completed by the issuance of a reserved portion of a donation.

Art. 1001. [Order]
Among the recipients of several endowed been liable according to the provisions of the preceding Article, only, when entitled to a reserved portion can not make up for a reserved portion of the person, which was given later.

Art. 1002. [Inheritance claims for legitim]
Claim for a reserved portion passes to the heir to the person entitled to a reserved portion only, This is the heir to the persons entitled to a reserved portion of the first testator.

Art. 1003. [Reduction of the records and commands]
Heirs shall be required to settle the claim for legitim may require a relative reduction in the records and commands.

Art. 1004. [Principles for reducing]

§ 1. Reduction of the records and the command is relative to their values, unless the content of the will of the testator will show different.

§ 2. In case of further reducing the load record or write command, continued to record or to be reduced stosunkowemu.

Art. 1005. [Develop]

§ 1. If the heir be obliged to settle the claim for legitim he is entitled to a reserved portion of, he may reduce the entries and commands to the extent, remained to him his own legitim.

§ 2. If the legatee himself is entitled to a reserved portion of, recording made on his behalf shall be reduced only to the amount of surplus in excess of its own legitim.

Art. 1006. [Develop]
If the record is subject to reduction, which the subject can not be divided without material change or no significant reduction in the value of, legatee may demand full performance recording, paying a certain amount of money.

Art. 1007. [Limitation]

§ 1. Claims the owner of the reserved portion of the claims of heirs and a reduction of the records and orders expire after the lapse of three years from the announcement of a will.

§ 2. The claim against the person obligated to make up for a reserved portion of donations received from the testator shall expire after three years from the opening of the inheritance.

Art. 1008. [Disinheritance]
Testator in the will may deprive the descendants, reserved portion of the spouse and parents (disinheritance), if entitled to a reserved portion of:

1) against the wishes of the testator's act persistently in a manner inconsistent with the principles of social;

2) guilty of the testator or to one of the closest people to him willful crimes against life, health or liberty or blatant images of worship;

3) persistently fails to fulfill the terms of the deceased's family responsibilities.

Art. 1009. [Disclosure of the reasons]
The cause is entitled to a reserved portion of dispossession should result from the contents of a will.

Art. 1010. [Forgiveness]

§ 1. Testator can not disinherit entitled to legitim, if he has forgiven.

§ 2. If at the time to forgive the deceased did not have legal capacity, forgiveness is effective, where there has been of sufficient discernment.

Art. 1011. [Disinherited descendants]
Descendants disinherited descendants are entitled to a reserved portion of, even if he survived the testator.

Tytuł V. Acceptance and rejection decline

Art. 1012. [Types of claims]
An heir may either decline to accept, without limitation liability for debts (adopting a simple), or decline to accept this responsibility with limited (acceptance of the benefit of inventory), reject or decline.

Art. 1013. [378]
(deleted)

Art. 1014. [Partial adoption; rejection]

§ 1. Acceptance or rejection of the share attributable to the heirs of the inheritance due to the substitution can occur independently of the adoption or rejection of the share of inheritance, This heir who falls under a different title.

§ 2. An heir may reject the declining share attributable to him as a growth, and accept share due to him as the successor appointed.

§ 3. Except in the cases provided for in the preceding paragraphs can not fall heir to partially accept, and partly rejected.

Art. 1015. [The term declaration; the effects of silence]

§ 1. The declaration of acceptance or rejection decline may be lodged within six months of, in which the heir heard about the title of his appointment.

§ 2. No statement heirs within that period is synonymous with the simple adoption of the decline. However, when the heir is a person not having full legal capacity or a person, about which there is a basis for its total incapacitation, or legal person, No statement within the heir to the adoption of a clear decrease in the benefit of inventory.

Art. 1016. [Benefit of inventory]
If one of the heirs received the benefit of inventory decline, considered to be, that the heirs, who have not made any statement within, received the benefit of inventory decline.

Art. 1017. [Transmission]
If the deadline for filing a declaration of acceptance or rejection fall heir died without having made such a statement, declaration of acceptance or rejection decline may be made by his heirs. Deadline for submission of this statement can not end earlier than the deadline to make a statement as to the heirs of the deceased's estate.

Art. 1018. [Features declarations; form]

§ 1. The declaration of acceptance or rejection decline provided or made subject to a limit is not valid.

§ 2. The declaration of acceptance or rejection decline may not be revoked.

§ 3. [379] The declaration of acceptance or rejection shall fall before a court or a notary. They can be made orally or in writing, signed by an officially certified. Power of attorney to make a declaration of acceptance or the rejection of decline should be written, signed by an officially certified.

Art. 1019. [Error; threat]

§ 1. When the declaration of acceptance or rejection drop was placed under the influence of an error or a threat, the provisions of defects in a declaration of intent with the following changes:

1) evade the legal consequences of the declaration should be made before the court;

2) heir should also declare, whether and how the decline takes, or rejects it.

§ 2. Heir, which under the influence of the error or the threat did not make any statement within, in this manner can avoid the legal consequences of failure to date.

§ 3. Evade the legal consequences of the declaration of acceptance or the rejection of inheritance must be approved by the court.

Art. 1020. [Following the rejection of]
Heir, a decrease in rejected, is excluded from the inheritance, as if unable to attend the opening of fall.

Art. 1021. [The rejection by management fall]
If the heir managed decline, and then rejected him, the relationship between him and the heirs, who have instead come to the drop, , the provisions for the conduct of others' affairs.

Art. 1022. [Competing titles to fall]
Appointed heir to a decrease in both the power of the will, and from the power law may fall dismissed as testamentary heir, decline to accept as a legal heir.

Art. 1023. [The situation of the municipality, Treasury] [380]

§ 1. Treasury or municipality may not refuse a decrease in, that they fell under the law.

§ 2. Treasury or the municipality did not submit declarations of acceptance of loss, a decrease is considered to be adopted with benefit of inventory.

Art. 1024. [Rejection detrimental to creditors]

§ 1. If the rejected heir decrease detrimental to creditors, each of the creditors, whose debt existed at the time declined to accept it, may require, to reject the inheritance has been considered ineffective against him by the provisions on the protection of creditors in the event of insolvency of the debtor.

§ 2. Recognition declined to accept it as ineffective, may be claimed within six months of becoming aware of the disclaimer of inheritance, but not later than three years of declining to accept.

Tytuł VI. Determination of inheritance, certificate of inheritance and protection of heirs[381]

Art. 1025. [Card; effects] [382]

§ 1. At the request of a person having an interest finds inheritance by the heir. Notary on the principles set out in separate regulations shall inherit the credentials file.

§ 2. Is presumed, that the person, who has obtained a declaration of inheritance or succession certificate, is heir.

§ 3. Against the presumption arising from a finding of inheritance can not rely on the presumption arising from the act of a registered certificate of inheritance.

Art. 1026. [Deadline for initial statements] [383]
Determination of inheritance and succession certificate can not be implemented within six months from the opening of the inheritance, unless all known heirs have already submitted the declaration of acceptance or the rejection of decline.

Art. 1027. [Probative] [384]
Relative to the third party, which does not claim ownership of the decline due to inheritance, heir can prove its rights under the inheritance only inheritance statement or act of a registered certificate of inheritance.

Art. 1028. [Protection of third parties] [385]
Jeżeli ten, who obtained the statement of inheritance or succession certificate, but the heir is not, disposes of the right belonging to a drop to a third party, person, on which the regulation is, acquires or is released from the obligation, unless he acts in bad faith.

Art. 1029. [Protection of inheritance]

§ 1. An heir may demand, to a person, who rules the decline as the heir, but the heir is not, He released a decline. The same applies to individual objects belonging to a decrease.

§ 2. The claims of the heirs of remuneration for the use of objects belonging to a decrease, for reimbursement of benefits or the payment of their value, as well as for damages due to wear, deterioration or loss of such items and the claims against the heirs for reimbursement of expenses, the provisions for claims between the owner and the autonomous possessor of things.

§ 3. The provisions above shall apply accordingly in case of, when the issue requires a person of his property, on which the judgment was set aside to recognize her for dead.

Tytuł VII. Responsibility for a long succession

Art. 1030. [Range before and after the fall]
Until the fall heir is responsible for a long succession only from a decrease in. Since the adoption of inheritance is responsible for the debts of all his assets.

Art. 1031. [The adoption of simple and with benefit of inventory]

§ 1. In case of a simple adoption fall heir is responsible for a long succession without limitation.

§ 2. If you take inventory of inheritance with the heir is liable for a long succession only to the value specified in the inventory of the active state of decline. This limit drops, if the heir has no guile in the inventory of items belonging to a decrease or not reported in the inventory of existing debts.

Art. 1032. [With the benefit of inventory]

§ 1. If the heir, who took down from the benefit of inventory, paid off some debts downward without knowing about the existence of other debts, he shall be liable for unpaid debts only to the difference between the value determined in the inventory of active fall and the value of benefits met to satisfy debts, that paid off.

§ 2. If the heir, who took down from the benefit of inventory, paying off some debts inheritance knew of the existence of other debts of the succession, he shall be responsible for these debts beyond the value of active fall, however, only so much, In what would be required to meet them, would pay off all debts due inheritance.

Art. 1033. [Records and commands]
Responsibility for the heirs of the records and the command is always limited to the active state of decline.

Art. 1034. [Współspadkobiercy]

§ 1. To date, the estate heirs jointly and severally liable for the debts of inheritance. If one of the heirs of his performance, he may require reimbursement from the other heirs in parts, that correspond to their shares.

§ 2. Since the heirs of the estate liable for the debts of a decline in the volume of shares.

Tytuł VIII. Commonality of the estate and inheritance

Art. 1035. [The relevant provisions]
If the drop falls several heirs, to the joint estate and the estate, the provisions on joint ownership in fractional parts subject to the provisions of this title.

Art. 1036. [Regulation on the share]
An heir may with the consent of the other heirs disposed on the participation of belonging to a decrease. In the absence of consent of any of the other heirs of the regulation is invalid in so far, unless this would violate the heirs of the powers conferred under the provisions of section loss.

Art. 1037. [Department of contractual and judicial]

§ 1. Inheritance can occur either by agreement between all the heirs, or under court order at the request of any of the heirs.

§ 2. If the decline in the property, department agreement should be concluded in a notarial deed.

Art. 1038. [Department of the total and partial]

§ 1. Judicial inheritance should cover the entire fall. However, for important reasons may be limited to the fall.

§ 2. Contractual inheritance can cover the entire fall or be limited to the fall.

Art. 1039. [Included donations]

§ 1. If in the event of statutory inheritance inheritance takes place between the descendants or between descendants and spouse, your heirs are mutually obliged to pass in the inherited donations received from the deceased, unless the testator's statements or the circumstances indicate, that the donation was made to the exemption from the obligation to pass.

§ 2. Testator can insert a credit obligation in the inherited gifts also on the legal heir is not mentioned in the preceding paragraph.

§ 3. Not eligible to be counted in the inherited small donation is customary in the data relations adopted.

Art. 1040. [Donations in excess of the inheritance]
If the value is deductible donation exceeds the value of the estate inheritance, heir is not obliged to repay any excess. In case this is not included in the gift or inheritance, or heirs liable for its completion.

Art. 1041. [Donations to descendants]
Further descendant of the deceased is obliged to pass in the inherited gift made by a testator of his pre-.

Art. 1042. [Method of Assessment]

§ 1. Included in the inherited performed in this way, that the value of gifts that can be charged is added to the decline or loss of, which is divided among the heirs obliged to pass each other, and calculates the inherited share of each of the heirs, and then each of them count towards the value of his inheritance deductible donation.

§ 2. [386] The value of the donation is calculated as at the time of its making, and according to prices at the time of the estate.

§ 3. When the assignment in the inherited not be considered beneficial use of donations.

Art. 1043. [Assessment of costs of education]
The rules for inclusion of donations in the inherited shall apply to the incurred by the testator in favor of descendants and the costs of education and vocational education, if these costs exceed the average measure adopted in the community.

Art. 1044. [The granting of stuff on co-ownership]
At the request of two or more heirs, the court may separate the inheritance of a decline in whole or in part in such a way, that would give them a certain object or some object in the fall as a part ownership in certain parts of the fractional.

Art. 1045. [Error]
Evade the legal consequences of inheritance agreements concluded under the influence of an error can occur only if, the mistaken facts, which the parties regarded as an undoubted.

Art. 1046. [Warranty]
After the heirs of the estate shall be mutually obliged to guarantee the physical and legal defects according to the provisions of the warranty in the sale. Warranty claims as to the succession extends to the solvency of the debtor.

Title IX. Contracts for the fall

Art. 1047. [Admissibility of the unique]
Subject to the exceptions provided for in the title of this agreement on the legacy of a living person is void.

Art. 1048. [Renunciation of Inheritance]
Statutory heir may, by agreement with the prospective testator to renounce the inheritance. Such an agreement should be concluded in a notarial deed.

Art. 1049. [Effects of]

§ 1. Renunciation of inheritance includes the descendants of the resigning, unless otherwise agreed.

§ 2. Waiving a and its descendants, which includes a waiver of inheritance, are exempt from inheritance, as if it never lived to see the opening of the inheritance.

Art. 1050. [Waiver of surrender]
Renunciation of inheritance may be waived by agreement between the, Who Released inheritance, a tym, after whom the inheritance renounced. The agreement should be concluded in a notarial deed.

Art. 1051. [Disposal of decline]
Heir, a decline took, This decrease may sell, in whole or in part. The same applies to transfer a share of inheritance.

Art. 1052. [Dual effect of; kauzalność; form]

§ 1. The contract of sale, conversion, donation or other agreement providing for the sale of loss transfers to the buyer fall, unless the parties otherwise agreed.

§ 2. If an agreement transferring the decline in performance of an obligation under a prior agreement regarding the sale of decline, validity of the agreement transferring the decrease depends on the existence of this obligation.

§ 3. The agreement providing for the sale of decline should be included in a notarial deed. The same applies to an agreement transferring the fall, to be concluded for the implementation of pre-existing obligation to dispose of decline.

Art. 1053. [Situation of purchasers]
The buyer enters into the inheritance rights and responsibilities of heirs.

Art. 1054. [Obligations of the seller]

§ 1. The Seller is obliged to decline to issue this, as a result of disposal, loss of or damage to objects belonging to the decrease was obtained in return these items, or as compensation for damage, and if the sale was paid for loss, also to compensate for the loss incurred by the use or regulation unpaid items belonging to a decrease.

§ 2. The Seller may claim reimbursement from the buyer and the investment made in the fall.

Art. 1055. [Liability for debts]

§ 1. Buyer is responsible for decrease in long succession to the same extent as the transferor. Their liability to be joint and several creditors.

§ 2. Unless otherwise agreed the buyer bears responsibility for this seller, that creditors will not be demanded from him fulfillment services to meet the debts of probate.

Art. 1056. [Warranty]
In the case of sale fall heir is not liable under the warranty for physical and legal defects of individual objects in the succession.

Art. 1057. [The transition benefits and burdens]
The benefits and burdens of items belonging to a decrease, as well as the risk of accidental loss or damage passes to the buyer when the contract for sale of decline, unless otherwise agreed.

Title X. Special provisions on inheritance of farms

Art. 1058. [The relevant provisions] [387]
To inherit the farm law covering agricultural land with an area exceeding 1 ha, the provisions of the preceding book of this title as amended by the following rules.

Art. 1059. [Features of statutory heirs] [388]
The heirs to inherit the farm law, if at the time of opening of the inheritance:

1) always work directly in agricultural production or

2) have professional preparation for agricultural production, or

3) minors or take vocational training or attend schools, or

4) are permanently unable to work.

Art. 1060. [Inheritance of grandchildren] [389]
Within the limits set out in Article. 931 § 2 grandchildren of the deceased, at the time of opening of the inheritance correspond to the conditions provided for in Article. 1059 Item 1 i 2, inherit the farm even if, when their father or mother can not inherit the farm for the lack of conditions provided for in Article. 1059. This provision shall apply mutatis mutandis to the further descendants.

Art. 1061. [390]
(repealed)

Art. 1062. [Inheritance of siblings] [391]

§ 1. [392] Siblings of the deceased, at the time of opening of the inheritance to the conditions laid down in Article. 1059 Item 1 i 2, inherits a farm even if, the descendants of the deceased may not inherit the farm for the lack of conditions provided for in Article. 1059 or Articles. 1060.

§ 2. [393] Within the limits set out in Article. 934 children of the deceased siblings, at the time of opening of the inheritance correspond to the conditions provided for in Article. 1059 Item 1 i 2, inherit the farm even if, when their father or mother can not inherit the farm for the lack of conditions provided for in Article. 1059 lub w § 1 this article. This provision shall apply mutatis mutandis to the further descendants.

Art. 1063. [Application of General Rules] [394]
If neither the spouse of the deceased, nor any of his relatives called to the inheritance of the Act does not correspond to the conditions provided for inheriting a farm or if you are entitled to inherit only people, at the time of opening of the inheritance are permanently unable to work, heirs inherit the farm in general.

Art. 1064. [Authorization] [395]
Council of Ministers shall determine, that vocational training is considered vocational training for agricultural production, and accidents, in which the charging of apprenticeship, or delving into the entitlement to inherit a farm, and the rules and procedures for the determination of permanent incapacity to work.

Art. 1065. [396]
(deleted)

Art. 1066. [397]
(repealed)

Art. 1067. [Saving the farm] [398]

§ 1. For the record, its object is to provide cash, , the provisions of Article. 216.

§ 2. If a performance record for the division lead or contribute farm land in agricultural production cooperative, contrary to the principles of sound agricultural economy, heir must implement record subject may request conversion to a cash record.

Art. 1068. [399]
(deleted)

Art. 1069. [399]
(deleted)

Art. 1070. [Department] [400]
If distribution of farm, be a decrease in, , the provisions on the distribution of farm ownership by abolishing.

Art. 10701. [Appropriate application of] [401]
In the case of sale of share in inheritance involving a farm shall apply respectively. 166 oraz Article. 3 i 4 Act of 11 April 2003 r. of the agricultural system (Dz.U. No. 64, Item. 592).

Art. 1071. [402]
(deleted)

Art. 1072. [402]
(deleted)

Art. 1073. [402]
(deleted)

Art. 1074. [403]
(repealed)

Art. 1075. [404]
(deleted)

Art. 1076. [404]
(deleted)

Art. 1077. [405]
(repealed)

Art. 1078. [406]
(deleted)

Art. 1079. [The decrease of the composition of mixed]
If you fall apart from the farm property includes other items, shares of the heirs of the farm shall be counted against their shares in the total loss.

Art. 1080. [407]
(deleted)

Art. 1081. [Responsibility for the long agricultural]
Responsibility for a long succession associated with running a farm held since the heir to the estate, which coincided with the holding, and the heirs of receiving payment from him. Each of these heirs shall be liable to the value obtained in part. Responsibility for other debts payable by all the heirs in general.

Art. 1082. [Establishment of a reserved portion of] [408]
If the decline in the farm, establish a reserved portion shall be subject to the provisions of this title, Articles and adequately. 216.

Art. 1083. [409]
(deleted)

Art. 1084. [409]
(deleted)

Art. 1085. [409]
(deleted)

Art. 1086. [Inheritance of land in the cooperative contribution]
The provisions of this title shall apply mutatis mutandis in the case, when a decrease in the contribution of land in agricultural production cooperative, unless the provisions of these otherwise.

Art. 1087. [Features of the heirs] [410]

§ 1. Part of the decline in land contribution in the agricultural production cooperative, those among the heirs inherit, who at the time of opening of the inheritance:

1) are members of cooperatives or

2) or minors, or take vocational training or attend schools, or

3) are permanently unable to work.

§ 2. In the absence of heirs specified in the first subparagraph of paragraph preceding the contribution of land in agricultural production cooperative heirs also inherit, who work on a farm cooperative or within six months from the opening of the inheritance will be members of the cooperative.

§ 3. The provisions of the preceding paragraphs shall also apply to private plots and Habitats, if they belong to a decrease.

Art. 1088. [411]
(deleted)

Reference 1.
This Act in respect of its regulation, the transposition of Directive 2000/31/EC of the European Parliament and the Council of 8 June 2000 r. on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (Directive on electronic commerce) (Dz.Urz. WE L 178 of 17.07.2000, st. 1; Dz.Urz. Polish Special Edition, Chapter. 13, t. 25, st. 399).