KDK law firm

Criminal and penal fiscal law

Attorneys from our law firm offer professional services in the field of representing clients in criminal cases, both at the stage of preparatory, court and enforcement proceedings. We provide comprehensive legal assistance also in criminal and fiscal cases.

We defend people who are of interest to law enforcement also at the stage of detention and temporary arrest. We support clients during interrogations and confrontations. We approach each case in an individualized manner, looking for the best procedural solutions.

At the express request of the client, we strive for a consensual conclusion of criminal proceedings. We undertake defense in multi-threaded cases, complicated in fact and law.

We have the necessary experience and skills that fully allow us to exercise the constitutional right to defense, while our actions are determined by the legal interest of the accused (suspect).

We provide assistance in criminal cases not only to private individuals, but also to represent the interests of business clients. For this purpose, we support entrepreneurs, e.g. by preparing letters initiating criminal proceedings against dishonest contractors.

Moreover, we make it possible to draw legal consequences in cases concerning the violation of trade secrets.

Litigation tactics are always consulted with the client.

In our daily work, we are distinguished by professionalism and individual analysis of each case. By choosing the services of our law firm, you will be informed about the actions taken by our lawyers, which will enable you to actively participate in the course of the proceedings.
The main goal of the Law Firm is Clients' satisfaction with the quality of legal services provided.

We advise - we help - we defend

Service for entrepreneurs

The law firm offers comprehensive services to entrepreneurs, regardless of the form of their business activity. Our services can be used by both extensive business entities (capital companies, commercial partnerships) and natural persons conducting sole proprietorship. Cooperation with business entities is based on two models of cooperation. The first of them assumes the continuity of legal services provided, the so-called permanent service for the entrepreneur, while the second consists in ad hoc consultations.

We support the development of our clients from the moment they decide to run their own business. We accompany entrepreneurs at every stage related to the registration of a business entity, and during its operation we represent its interests before courts, public authorities, as well as contractors and employees. The law firm also deals with debt collection, starting from requests for payment, through court proceedings, to debt enforcement.

We provide legal assistance in the following areas:

• commercial companies law,
• drawing up and giving opinions on contracts,
• bankruptcy and debt collection,
• protection of intellectual property,
• preparation of legal opinions,
• representation before courts and other authorities,
• conducting negotiations with contractors,
• protection of business secrets.

Litigation tactics are always consulted with the client.

In our daily work, we are distinguished by professionalism and individual analysis of each case. By choosing the services of our law firm, you will be informed about the actions taken by our lawyers, which will enable you to actively participate in the course of the proceedings.
The main goal of the Law Firm is Clients' satisfaction with the quality of legal services provided.

We advise - we help - we defend

Inheritance law

The law of inheritance determines the legal consequences and property obligations after the death of their owner. Inheritance matters are important because most of these property rights do not expire upon death, but are transferred in their entirety to other civil law entities.

The inheritance itself should be understood as the totality of property rights and obligations passing from the testator to the heir or co-heirs.

Inheritance matters often require specialist knowledge, such as the question of examining the possibility of overturning a will or calculating the share, which is why the support of a lawyer seems to be needed.

The provisions of the inheritance law indicate which property rights and obligations are included in the inheritance and which are not. Inheritance, for example, will not cover the rights and obligations closely related to the entitled person:

• personal easements,
• maintenance obligation,
• mandate contract,

but also those that are not of a civil law nature:

• tax liability,
• unpaid fine,

or property:

• personal goods.

Acquisition of inheritance

Acquisition of inheritance  in Polish law takes place by operation of law. Art. 925 of the Civil Code indicates that this moment should be associated with the opening of the inheritance, which is the death of the testator. Few people know that the heir can independently decide whether and to what extent he accepts the inheritance.

Our lawyers often advise clients which of the options will be the most advantageous for them in the case of inheritance acquisition from the point of view of their property interests: accepting the inheritance directly, rejecting the inheritance, accepting the inheritance with the benefit of inventory. This is important, for example, in the case of inheritance from parents.

To this end, within 6 months from the date of learning about the title of your vocation, you must submit an appropriate statement. This is especially important because there are inheritances for which we do not know what they consist of and it may turn out that debts are also inherited.

Such a declaration can be made, among others, before the court. Our law firm helps clients prepare applications for confirmation of inheritance acquisition, which will initiate the entire procedure related to the acceptance of inheritance. Obtaining a statement of inheritance acquisition after a given testator is extremely important, because it creates a presumption that the person who is obtained is actually the heir. In addition, on its basis, for example, changes are made to the land and mortgage register or the car is re-registered.

Rejection of inheritance

Sometimes it happens that, for example, the inheritance from the parents consists of only debts and the heir is not interested in accepting it, but in rejecting the inheritance. In such cases, our law firm also provides specialist support.

We will explain in detail the procedure on how to reject the inheritance. In order to reject the inheritance, it will be necessary to submit a declaration of rejection of the inheritance within a specified period - 6 months from the date of learning about the title of your inheritance appointment.

It should also be remembered that a waiver of inheritance is not the same as a waiver of inheritance, which is also commonly referred to as a waiver of inheritance. Clients often want to know how to reject an inheritance or how to renounce an inheritance.

Unfortunately, these two concepts are confused with each other, and even treated in the same way, meanwhile they are two separate legal institutions. Waiver of inheritance is an agreement between the testator and his statutory heir, e.g. child, wife, parents, concluded before a notary public, which results in the heir being excluded from inheritance. In practice, it can often be encountered, e.g. in the case of inheritance from parents, when the testator's immediate family wants to influence the order of statutory succession and exclude the possibility of inheritance, e.g. by one of the testator's children. 

Donation

There are also situations when we receive an empty inheritance, because the testator made numerous donations during his lifetime, eg a donation of a flat, plot, car, and thus disposed of all his assets. Many heirs then come to the conclusion that it took place at the expense of their inheritance share and look for answers whether it is possible to obtain a portion from the donation, how to obtain it and how much it is.

In such situations, expert advice is invaluable. Our attorneys help you determine which donations are eligible for inheritance and which are not. They also advise whether it is possible to revoke the apartment donation agreement, e.g. in the case where the donor made the donation in a state that precludes conscious and voluntary performance of the action. However, a distinction must be made between a legacy and a gift.

The donation itself is a contract for the gratuitous transfer of ownership. A notarial deed is required for the donor's declaration under pain of nullity. However, if the donation is made simultaneously with the conclusion of the contract, it will remain valid even if the form of the notarial deed is not observed. Of course, in the case of a donation of real estate, e.g. a flat, the form of a notarial deed is always necessary.

The provisions of the Civil Code provide for two cases when it is possible to revoke a donation: the donor's falling into poverty and gross ingratitude of the donee. However, e.g. revoking the donation of an apartment does not result in an automatic transfer of ownership to the donor, in this case it will be necessary to transfer the ownership back by the donee.

Behavioral   

In our practice, we encounter an increasing number of cases that concern statutory disposals of assets by the testator, which are unfavorable for heirs. Clients are increasingly asking about the relationship between a will and a reserved share or a donation and a reserved share.

Many people also want to know whether it is possible to claim a reserved share from donations made during the testator's lifetime. This is primarily about situations where the testator completely omits his closest relatives in the will and appoints a stranger to inherit or makes donations during his lifetime that significantly reduce the inheritance or make it even the so-called empty fall. In such cases, the solution is the institution of the legitim. A legitim is often the only way to obtain part of the inheritance due to the testator.

The behavior is intended to protect the closest family members. The right to a reserved share is vested in the descendants, the spouse, the testator's parents, if they would inherit under the law, eg a reserved share from the parents, in a situation where both parents made wills before their death and in neither of them appointed their children to inherit. Providing information by our law firm in the field of legitim enjoys great interest.

Our lawyers help determine whether a person is entitled to a legitim claim and how much the legitim amount is. A donation and a reserved share or a will and a reserved share are dependencies that need to be understood and carefully analyzed in many inheritance cases.

 In the first place, we strive to settle the matter amicably, and if there is a need to regulate inheritance in court, we represent clients before the court with commitment.

Inheritance tax

Our  law firm in Łódź  also helps clients who have doubts about tax liabilities that have arisen in connection with inheritance. You can often meet the question of how much inheritance tax should be paid, e.g. in the case of inheritance from parents.

The answers are different, because it all depends on which tax group the heir belongs to. It should also be emphasized that inheritance tax must be paid only in the event of an inheritance. This obligation does not apply to persons who have submitted a declaration of rejection of the inheritance.

Many people also find it difficult to complete a tax return or determine the tax base, in which our lawyers can provide support. It should be emphasized that these activities should not be underestimated, because late settlement of inheritance tax may, for example, result in the loss of the right to exemptions.

Inheritance proceedings

The purpose of inheritance proceedings is to regulate the property matters of the deceased person. Inheritance cases are also carried out when it is necessary to prove to third parties the rights to inheritance or in a situation where the heirs do not agree on the inheritance shares.

Contacting an attorney is extremely helpful, even if you don't necessarily want someone to act on your behalf. The lawyer will always analyze the case, help develop a strategy, estimate the time and costs of inheritance proceedings. Often the nature of the case and the degree of its complexity make the participation of a lawyer necessary, especially when there are any disputes regarding inheritance.

Certainly, his presence will also increase the chances of ending the case in accordance with our expectations, and may also speed up the course of inheritance proceedings in court. Our team provides comprehensive services, including in the scope of: acceptance and rejection of inheritance, confirmation of inheritance acquisition, division of inheritance, legitim.

Inheritance

The Civil Code indicates two types of inheritance:

• testamentary inheritance
• statutory inheritance.

Testamentary succession occurs when the testator, before his death, has drawn up a will under which his property is to be divided. Statutory succession, on the other hand, takes place when the testator has not made a will. It is worth remembering that testamentary inheritance takes precedence over statutory inheritance.

Sometimes doubts arise about the validity of a will. It may turn out that the testator at the time of its preparation was insane or acted under duress.

The only way to overturn a will is to initiate probate proceedings. As the inheritance includes both assets and liabilities, the inheritance of debts is not unheard of.

If the heir, within 6 months of learning about the title of his appointment, does not make a statement about accepting the inheritance directly or rejecting the inheritance, it is assumed that he has accepted the inheritance with the benefit of inventory.

The current solution is much more favorable than the one that existed before October 18, 2015 - the heir is responsible for the inheritance debts up to the amount of the inheritance. However, it should be remembered that the current regulation does not apply to cases where the testator's death took place before October 18, 2015.

Here, the previously applicable regulations will apply, which provided for inheritance directly without limiting liability for debts. 

It happens that the heirs are unaware of the existence of inheritance debts. Most often they find out about them when the inheritance creditors are already making a claim against them. The professional help of a lawyer turns out to be invaluable in such cases.

Many people are helpless when they receive, for example, a request for payment. Ignorance as to how to behave most often results in the fact that a given person does not take any steps, thus depriving himself of influence on the course of events. Our lawyers diligently advise clients in similar situations and help to find a favorable solution.

Labor law

Labor law, according to the definition, is a branch of law that covers all regulations regarding the employment relationship of a given employee and the employer as parties to the employment relationship. Find out what rights you have as an employee or employer, what overtime is and how to act in the event of an accident at work, and learn about changes in the labor code.

Labor law is the most important legal act that describes the regulations between the employer and the employee. Importantly, the employment relationship cannot be conducted on worse conditions than those provided for in the labor law. First of all, everyone has the right to work.

Labor law - the rights of the employee and the employer

Knowing by definition what labor law is, it is worth getting to know in detail both the rights of the employee and the rights of the employer.

Starting with the rights of the employee, it is worth knowing that every person employed under an employment contract in Poland has a number of rights. First of all, it is worth mentioning such rights resulting from the main principles of labor law as:

• the principle of equal employment rights - every person employed, regardless of gender, has equal rights for the same performance of the same duties,
• the right to the same remuneration for equal work or work of equal value,
• the right to fair remuneration for the work performed,
• prohibition of discrimination - due to age, gender, race, religion, political beliefs, disability, sexual orientation, denomination, etc.
• the right to rest,
• the right to create an organization - to be able to represent and defend one's rights and interests,
• the right to hygienic working conditions,
• the obligation to make it easier for employees to increase their professional qualifications,
• the right to freely choose a job,
• freedom in establishing employment relationships,
• the right to respect for dignity.

It's also important to know your employer's rights. The basic rights include the right to:

• hiring and dismissing employees,
• determining working conditions,
• determining the amount of remuneration,
• admonitions and reprimands,
• awarding prizes, penalties and distinctions (including monetary ones).

In addition, if the employer suffered damage as a result of the violation by the employee of the so-called of the non-competition clause, which was provided for in the contract, he may claim compensation for the damage from the employee.

Labor Code

What is the Labor Code? This is the basic legal act that regulates both the rights and obligations of the employee and the employer. The code describes the methods of establishing and terminating an employment relationship, as well as calculating and claiming benefits. 

The work regulations consist of fifteen chapters, and more precisely, such sections as:

• Section I - General provisions
• Section II - Employment contract
• Section III - Remuneration
• Section IV - Obligations of the employer and employee
• Section V - Material responsibility of employees
• Section VI - Working time
• Section VII - Employee leaves
• Section VIII - Rights of employees related to parenthood
• Section IX - Employment of juveniles
• Section X - Occupational health and safety
• Section XI - Collective labor agreements
• Section XII - Consideration of disputes over claims arising from the employment relationship
• Section XIII - Liability for offenses against employee rights
• Section XIV - Limitation of claims
• Section XV - Final provisions

The entire document is available on the website of the Chancellery of the Sejm,  under this link . At the beginning of May 2019, changes to the Labor Code entered into force. A legal act was implemented that concerned new categories of personal data necessary to obtain in connection with employment. The amendment to the Labor Code also concerns changes in the use of monitoring and medical examinations.              

Vacation and overtime

The Labor Code contains aspects related to holidays and the most important piece of information is that every employee has the right to rest, which is ensured by the provisions on working time, days off from work and holiday leaves. In addition, the employee cannot waive the right to leave.

The Labor Code also describes in detail the situation in which an employee starts work for the first time in the calendar year in which he started work and thus obtains the right to leave at the end of each month of work, in the amount of 1/12 of the leave to which he is entitled after working for a year.

Pursuant to Art. 154 § 1  , the length of the leave is:

1. 20 days - if the employee has been employed for less than 10 years;
2. 26 days - if the employee has been employed for at least 10 years.

Does the Labor Code cover the issue of overtime? Yes, and according to it, overtime work is allowed in the event of:

1. the need to conduct a rescue operation in order to protect human life or health, protect property or the environment, or to remove a failure;
2. the specific needs of the employer.

According to art. 151 1  § 1, for overtime work, in addition to normal remuneration, an allowance is payable in the amount of:

• 100% of remuneration - for overtime work falling: a) at night, b) on Sundays and holidays which are not working days for the employee, in accordance with the employee's working time schedule, c) on a day off granted to the employee in exchange for work in Sunday or on a holiday, in accordance with the applicable working time schedule;
• 50% of remuneration - for overtime work falling on any day other than specified in point 1.

Dismissal

According to Art. 36 2  of the Labor Code, in connection with the termination of the employment contract, the employer has the right to release the employee from the obligation to perform work until the expiry of the notice period. During this time, the employee has the right to keep his salary.

According to art. 37. § 1. In the period of at least two weeks notice of termination of the employment contract made by the employer, the employee is entitled to leave to look for a job, while retaining the right to remuneration.

• 2. The amount of the exemption is:

1. 2 business days - during the period of two weeks and one month's notice;
2. 3 business days - during the period of three months' notice, also in the case of its shortening pursuant to Art. 36 1  § 1.

What is disciplinary dismissal? According to the definition, it is the termination of an employment contract without notice due to the fault of the employee. When can an employee be dismissed on disciplinary grounds? One of the three grounds described in the Labor Code must be reached. Namely, it is about:

• the employee commits a serious breach of basic employee duties,
• during the term of the employment contract, the employee committed a crime, as a result of which further employment was prevented, provided that the crime is obvious or is confirmed by a final judgment,
• the employee has lost the qualifications necessary to perform work in the position held due to his/her fault.

Accident at work   

An accident at work should be reported by the injured party or another person who saw the event. The Labor Code clearly states that the employer is obliged to inform the relevant district labor inspector and the prosecutor as soon as possible about a fatal, serious or collective accident at work and about any other accident that caused the above-mentioned effects, related to work, if it can be considered an accident at work. work.

In addition, the employer is obliged to appoint a post-accident team, determine the circumstances and causes of the accident, draw up and approve a post-accident report, and then deliver it to the injured party and the competent labor inspector, register the accident, draw up a statistical accident card for the Central Statistical Office, and specify preventive measures and conclusions.

Attorney Łódź - labor law

Our law firm offers legal advice on labor law, paying attention to both individual legal issues (including the protection of employee interests), as well as comprehensive service for entities employing employees.

Our lawyers will help in many aspects related to labor law, such as: In:

• compensation for an accident at work,
• termination of the employment relationship,
• disputes over overdue remuneration, holiday pay,
• settlements of allowances for overtime hours,
• violations of employee rights,
• bullying,

or other issues covered by labor law. Experts can prepare legal opinions, advise and represent the client in court.

Divorce and family law

Divorce - lawsuit, separation, alimony. How much does a divorce cost?

Divorce is defined as the dissolution of a valid marriage by a court, which can take place at the request of one or both spouses. This is one of the circumstances that ends a marriage. Who can file for divorce and how to write it? How do alimony work? Find out why you should use an attorney.

How often do divorces take place in Poland? According to the Central Statistical Office, for several years there have been about 65,000 divorces per year. In more than 2/3 of cases civil divorce is brought by women. In 74% of divorces, the court does not declare guilt, and the spouses point to incompatibility of characters as the main reason for their separation.

How to file a divorce? The help of a lawyer is extremely valuable, because a properly written statement of claim, indicating all the circumstances, can lead to a divorce decree already during the first hearing.

Attorney Lodz - divorce

KDK Adwokat law firm effectively helps to go through divorce cases, providing, among others:

• professionalism,
• loyalty,
• discretion.

Lawyers care about meeting the expectations of clients, both when it comes to adjudicating on guilt, custody of children or division of joint property .

 A divorce case with the help of a lawyer gives a sense of security and reduces stress. What is important, each case is thoroughly analyzed and on this basis adequate assistance at the highest level is proposed.

Divorce petition     

Where should I file  for divorce ? To the district court where the spouses had their last joint residence, if at least one of the spouses is permanently present in this district. Otherwise, the divorce petition is filed with the court of the defendant's domicile.

How to write a divorce petition? Our specialists will help you write a professional divorce application. It should be remembered that this is a procedural document that must contain the necessary elements.

1. Be prepared in writing - by hand or computer. It is important that the signature is made by the person drawing up the lawsuit.
2. Include the designation of the court - more precisely, its name and exact address, as well as the name and surname of the parties (or representatives/attorneys), the place of residence of the parties and, in the case of the plaintiff, also his PESEL number.
3. Include the type of letter - e.g. it is necessary to indicate the name of the letter, i.e. to write that it is a petition for divorce. In addition, you should specify what the plaintiff's demands are, as well as the reasons for filing a divorce petition.
4. be paid. The statement of claim must be accompanied by a confirmation of payment of the court fee for the statement of claim or an application for exemption from costs.

Our lawyers will certainly tell you how to write a divorce petition so that it meets the client's expectations.

Separation

What is legal separation and what is the difference between separation and divorce? According to the definition, it consists in the breakdown of marital life. It should be divided into factual (it has no legal effects) and formal, which is adjudicated by the court upon a request for separation of one or two spouses.

A petition for separation must be filed with the county court (same as a divorce petition). The applicant must:

• indicate the competent court to consider the application,
• identify the parties to the proceedings,
• present demands,
• attach a request for the hearing of witnesses - only if the plaintiff is interested in the testimonies of witnesses,
• write a justification for submitting the application,
• put information about children,
• determine the property relations of the spouses.

In addition, it is important to include attachments such as:

• abridged copy of the marriage certificate,
• certificate from the place of work on the amount of earnings,
• abridged copy of the birth certificate of common children,
• a copy of the petition for separation,
• documents allowing to determine the amount of alimony, such as: bills, expenses ...

No-fault divorce      

According to the data of the Central Statistical Office,  no-fault divorce  is the most common form of divorce, as it is as much as 74 percent. In this case, the divorce proceedings are much shorter.

It is worth knowing that the amount of child support is not related to whether the divorce was without fault or with adjudication.

What does a no-fault divorce petition look like? among others When writing a lawsuit, keep the following aspects in mind:

• indicate who is the plaintiff and who is the defendant,
• write what is requested and who is entrusted with custody of the children,
• include a justification - write why the decision to divorce was made,
• add attachments - a complete copy of the marriage certificate, children's birth certificates, income certificates of both the claimant and the defendant, a copy of the statement of claim and attachments.

Divorce on fault     

What is  a divorce on fault ? In order for the court to determine which of the spouses is to blame for the breakdown of the marriage, it is necessary to carry out a detailed investigation of evidence as well as a detailed assessment.

This type of divorce is also time-consuming, as it requires, among other things, interviewing witnesses.

When deciding on child custody, the court is always guided primarily by the best interests of the child. In the case of division of property after a divorce, in certain cases it may be to the detriment of the losing party in the divorce case. Below is the legal basis for the Family and Guardianship Code (Article 43)

1. Both spouses have equal shares in the joint property.
2. However, for important reasons, each of the spouses may request that the determination of the shares in the joint property took place taking into account the extent to which each of them contributed to the creation of this property. The heirs of the spouse may make such a request only if the testator brought an action for annulment of marriage or for divorce or applied for a separation order.
3. When assessing the extent to which each of the spouses contributed to the creation of the joint property, the amount of personal work in raising children and in the common household is also taken into account.

Division of property after divorce and alimony

As for the division of property, it can be done in two ways:

• settlement,
• lawsuit.

Alimony  is regular and obligatory payments to natural persons to whom other natural persons are obliged. Importantly,  the maintenance obligation  results in particular from affinity or consanguinity.

How to write a claim for alimony? Each such application is different, which is why it is hard to find a ready-made template, but with the help of a lawyer, writing such a document will probably be easier and more effective. First of all, you should start by describing the family situation of the parties, and more precisely specify:

• child's date of birth,
• as long as the defendant does not pay child maintenance.

A copy of your birth certificate must also be attached. The application for child support should also include the needs of the child, as well as the described situation of the parent who maintains and brings up the child. It is also important that such a letter presents the financial situation of the parent who does not pay, with an indication of his source of income and financial capabilities.

Divorce papers    

Divorce papers  must be attached to the application for it to be considered by the court. The documents to be submitted depend on: from having children or pronouncing guilt.

Divorce documents are worth dividing into two groups: mandatory and additional. The first group includes:

• a copy of the marriage certificate,
• copies of birth certificates of minor children.

Documents for divorce, called as additional, are those that can be used to prove something, such as invoices, bills, information on earnings or medical documents.        

The cost of divorce         

How much does a divorce cost ? The total amount varies depending on the city, as well as the choice of attorney. However, it is important that the Ministry of Justice regulates the minimum rates for attorneys in the field of family and guardianship law in the regulation.

§4 sec. 1 point 1 informs that the minimum rate in divorce cases is PLN 720. A divorce lawyer primarily advises, helps and defends, and additionally informs about all his activities on an ongoing basis.

The cost of the divorce also includes the court fee, which is fixed and amounts to PLN 600.

Bibliography:

1. Marriages and fertility in Poland, Central Statistical Office