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EVENTS

We are constantly sharing our knowledge with you. We present descriptions and links to trainings, conferences, congresses and webinars, which we have been conducting, as well as to those which we will conduct in the nearest future below.

 

 

UPCOMING EVENTS:

We kindly inform that on January 15, 2021, at 12:00-13:30, Katarzyna Niekrasz-Gierejko, Attorney-at-Law, will conduct online training course organized by Beck Akademia on:

"Sale of indebted real estate. How to effectively transfer indebted real estate, the expectative of the right to the premises or the rights and obligations under a development contract".

The restrictions caused by the COVID-19 epidemic had a significant impact on the temporary downtime of the economy. The effects of this downtime will be revealed for a long time, but today one can risk a claim that prices on the real estate market will fall. How much - this will probably be shown in the perspective of the next few months. People who, counting on a "boom", overinvested by incurring excessive credit obligations, will look for the possibility of selling indebted real estate or the possibility of transferring rights and obligations under development contracts.

In the online training you will learn:

  • How to prepare the sale of indebted real estate, what formalities to take care of, what to ensure?
  • What is worth paying attention to in sales contracts?
  • How to formulate contractual provisions so that they are safe from the point of view of the seller and the buyer?
  • What is the difference between the sale the right of ownership to the premises and the sale of the expectation of the right of ownership to the premises?
  • What is the expectation of the right of ownership to the premises?
  • What form is required when selling the expectation of the right of ownership to the premises?
  • How to approach the transfer of rights and obligations under development contracts, especially those financed with loans that have ceased to be repaid due to COVID -19?
  • What to pay attention to when making an assignment under development contracts?
  • Is it enough for the assignment agreement under the development agreement to be bilateral or should it be trilateral with the developer? When?
  • What should be the form of transferring the rights and obligations under the development agreement?
  • Are the rights and obligations under the preliminary contract or the development contract inheritable?
  • What to do if one of the co-owners or co-heirs does not consent to the sale?
  • How is the sale of real estate taxed before 5 years from the date of purchase?
  • Should the corresponding taxes be paid if the property acquired by inheritance is sold within 5 years?
  • What is the transfer of ownership of residential real estate used by a consumer for security purposes and in what circumstances does the legislator introduce a sanction of invalidity of such contracts?

Below is the link to the event:

Link:

 

We kindly inform that on February 16, 2021 at 12:00-13:30, Katarzyna Niekrasz-Gierejko, Attorney-at-Law, will conduct next online training course organized by Beck Akademia on:

"Sale of indebted real estate. How to effectively transfer indebted real estate, the expectative of the right to the premises or the rights and obligations under a development contract".

The restrictions caused by the COVID-19 epidemic had a significant impact on the temporary downtime of the economy. The effects of this downtime will be revealed for a long time, but today one can risk a claim that prices on the real estate market will fall. How much - this will probably be shown in the perspective of the next few months. People who, counting on a "boom", overinvested by incurring excessive credit obligations, will look for the possibility of selling indebted real estate or the possibility of transferring rights and obligations under development contracts.

The webinar participants will receive practical information on how widely the actio pauliana can be applied, especially in times of a strong economic shock caused by COVID-19 and in the face of the predicted recession.

In the online training you will learn:

  • How to effectively defend against "hiding" assets by debtors in the era of COVID-19?
  • What is an actio pauliana and who is entitled to issue an actio pauliana claim? Can the State Treasury or the Social Insurance Fund submit a claim for declaring the legal act ineffective?
  • Which legal acts - according to the case law - may be the subject of an actio pauliana claim and which not?
  • What are the grounds for an actio pauliana claim? Do we need to have an enforcement order and a decision to discontinue the enforcement proceedings?
  • What is meant by "harm" to the creditor? Can we claim protection through actio pauliana in a situation where the debtor receives a remuneration corresponding to market prices for the transferred asset?
  • Does the situation of the debtor's family members differ from that of third parties to whom the debtor has transferred ownership of the assets? What to do when these people also "run away" with the property they received from the debtor?
  • What if the debtor transfers the property to a third party established or resident in a Member State (EU) - jurisdiction of which court?
  • How to meet the formal requirements of the claim? Should such activities be undertaken?
  • Who to sue and how to properly formulate the claim?
  • How to secure a claim and is it worth it? What should be remembered in proceedings securing a claim for declaring an legal act ineffective?

Below is the link to the event:

Link

We kindly inform you that on March 9, 2021 at 12:00-13:30, Attorney-at-Law Katarzyna Niekrasz-Gierejko will conduct an online training organized by Beck Akademia on:

"Transfer of ownership for security purposes - how to effectively secure debts".

Transfer of ownership for security agreements (including transfer of real estate ownership) belong to unnamed contracts of Polish law. They have not yet been codified and effectively regulated in the Civil Code (except for the new Art. 387Âą of the Civil Code regarding residential real estate used by the consumer). Hence, all knowledge of what such contracts should look like and what content they should contain can only be derived from the views of the doctrine, educated notarial practice, as well as rich jurisprudence.

In the online training you will learn:

  • What should be included in the transfer of ownership for  security contracts, in particular the transfer of real estate ownership contracts?
  • When and in what circumstances can the debtor enter his claims in section III of the land and mortgage register of the transferred real estate?
  • When can the creditor reckon with the debtor's claim under article 405 of the Civil Code?
  • When will the transfer of ownership agreement will be fundamentally null and void, and in what situations can we talk about the relative nullity of the contract?
  • In what situations will the transfer of ownership of real estate used by the consumer for residential purposes agreement (for security reasons) will be invalid?
  • How to calculate the total value of the secured claim?
  • When can we talk about over-collateralisation of claims?
  • What have been the previous methods of securing the interests of the creditor and the transferring party in judicial practice?
  • What is the significance of the new Art. 387Âą of the Civil Code?

Below is the link to the event:

Link


PREVIOUS EVENTS:

We would like to kindly inform you that on December 15, 2020, Katarzyna Niekrasz-Gierejko, attorney at law, conducted over five hour long online training organized by Beck Akademia on:

Contractual safeguards in practice - bill of exchange, surety, pledge, guarantees, hedges, enforcement.

A remedy for creditors in times of recession and economic slowdown.

We live in a time when payment gridlocks have become common and many companies have either not survived the crisis or are on the verge of being financially sustainable. No wonder that entrepreneurs choose their contractors even more carefully than before, and also look for ways to effectively secure or quickly "collect" their receivables. The economic reality that is difficult for entrepreneurs will make the knowledge of the enforcement of hedges during bankruptcy proceedings useful.

During the online training, the issues of effective securing of claims and the enforcement of established hedges will be discussed in a comprehensive manner, on the example of popular and less popular securities, and the whole will be supported by jurisprudence and a practical case study.

 

We kindly inform you that on September 23, 2020, Attorney-at-Law Katarzyna Niekrasz-Gierejko conducted an online training organized by Beck Akademia on:

"Transfer of ownership for security purposes - how to effectively secure debts".

Transfer of ownership for security agreements (including transfer of real estate ownership) belong to unnamed contracts of Polish law. They have not yet been codified and effectively regulated in the Civil Code (except for the new Art. 387Âą of the Civil Code regarding residential real estate used by the consumer). Hence, all knowledge of what such contracts should look like and what content they should contain can only be derived from the views of the doctrine, educated notarial practice, as well as rich jurisprudence.

 

 

On July 8, 2020 and August 25, 2020, Katarzyna Niekrasz-Gierejko, Attorney-at-Law, conducted online training courses organized by Beck Akademia on:

"Sale of indebted real estate. How to effectively transfer indebted real estate, the expectative of the right to the premises or the rights and obligations under a development contract".

The restrictions caused by the COVID-19 epidemic had a significant impact on the temporary downtime of the economy. The effects of this downtime will be revealed for a long time, but today one can risk a claim that prices on the real estate market will fall. How much - this will probably be shown in the perspective of the next few months. People who, counting on a "boom", overinvested by incurring excessive credit obligations, will look for the possibility of selling indebted real estate or the possibility of transferring rights and obligations under development contracts.

The issues that were of great interest to the participants of the July training were raised during the August training, t(at the same time, we would like to thank the participants of both editions for such great interest and asking interesting questions!).

We would like to kindly inform you that on June 10, July 22 and October 16 2020, Katarzyna Niekrasz-Gierejko conducted online training organized by Beck Akademia entitled: "Actio pauliana - how to effectively defend against concealment of assets by debtors in the age of COVID-19".

Many creditors have encountered the concept of the so-called "actio pauliana". Some of them believe that the "legal acts" that may be the subject of the complaint are only contracts of sale or donation. Meanwhile, the rich jurisprudence of the courts shows that the ingenuity of debtors in hiding assets knows no bounds, which means that a complaint may cover many more legal actions than just contracts. The practice of courtrooms shows that many people also have a problem with the effective formation of the claim, while the judgment and consequently, the possibility of enforcement - depends on the correct content of the request.

During online trainings, the Speaker focused on the issue of actio pauliana, both in terms of its scope and the possibility of using this tool to enforce public and legal liabilities (overdue social security contributions, taxes, customs duties). The speaker also discussed the preliminary ruling of the CJEU, indicating how to recover receivables in a situation where the debtor "took" the property abroad.

The participants of webinars received practical information on how widely the actio pauliana can be used, especially in times of a strong economic breakdown by COVID-19 and in the face of the predicted recession.

 

We are honored to announce that on June 18, 2020, Attorney-at-Law Katarzyna Niekrasz-Gierejko led a panel entitled: "Short-term rental in the time of the COVID-19 pandemic" as part of the two-day online conference: "Apart and condo hotels - legal and operational issues, management models. Supervision of the Polish Office of Competition and Consumer Protection and Polish Financial Supervision Authority over the implementation of the investment", which took place on June 17-18, 2020.

During the one-and-a-half-hour panel, Katarzyna Niekrasz-Gierejko answered the questions bothering the short-term rental market and discussed the following practical issues:

  • How has the COVID -19 pandemic affected the short-term rental market?
  • Will COVID-19 finally destroy the short-term rental market?
  • Is a medium-term lease a good solution?
  • Hotel services and short-term rental - similarities and differences;
  • Consequences of recognizing a short-term lease as a hotel service;
  • Short-term rental in multi-family buildings - what do housing communities say?
  • Existing jurisprudence and new legislative plans regarding short-term rental.

More organizational details and descriptions of other expert panels can be found on the website of the event organizer, MMC Polska, the link to which is provided below:

Link

 

It is entrepreneurs that drive economic growth. They have suffered greatly from the Covid-19 epidemic. Therefore, to help them get back on their feet and find themselves in the new legal reality, the Katarzyna Niekrasz-Gierejko’s Law Office in cooperation with the Culture Center in Łomianki, on May 14, 2020 - organized online webinar:


"The most important issues of Anti-Crisis Shields (rgulations) for contractual obligations – contractual liability in a nutshell"

The webinar was conducted by Attorney-at-Law Katarzyna Niekrasz - Gierejko.

We cordially invite entrepreneurs from Łomianki (and not only;) to familiarize themselves with the entire recording, which is available on the Culture Center in Łomianki website on Facebook, at the following link:

Link to the recording

 

Must Read Media

  • Lecture titled: "Transformation of perpetual usufruct - practical problems and latest case law", given online by Attorney-at-Law Katarzyna Niekrasz-Gierejko, during the Polish Real Estate Congress, held on April 27-28, 2020.

Link

 

C.H. Beck Academia

  • Training titled: "Transformation of the right of perpetual usufruct of land into property rights after January 1, 2019", held on January 24, 2019 - speaker: Attorney-at-Law Katarzyna Niekrasz-Gierejko;
  • Training titled: "Transformation of the right of perpetual usufruct of built-up land for housing purposes into ownership of these lands after January 1, 2019", held on March 12, 2019 - speaker: Attorney-at-Law Katarzyna Niekrasz-Gierejko;
  • Training titled: "Transformation of the right of perpetual usufruct of built-up land for housing purposes into ownership. Summary of the first year of the regulations' validity", held on February 25, 2020 - speaker: Attorney-at-Law Katarzyna Niekrasz-Gierejko.

 

Coverage

 

MM Conferences Poland

  • Lecture titled: "Current problems of acquisitive prescription of transmission and land easements", given by Attorney-at-Law Katarzyna Niekrasz-Gierejko, during the Conference titled: "Challenges in transmission easements and in rights to real estate in accordance with the amendment to the Energy Law", held on March 18, 2019.

Coverage

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