Экзамен зачет учебный год 2023 / 24 Poland

Poland

over to a third party, both the lessee and the third party are liable in respect of the lessor to ensure that object that is handed over is used in accordance with the lease agreement. The legal relations that arise when the lessee concludes an agreement on the use free of charge or sub-let will terminate at the latest upon the termination of the lease.

If real estate is transferred, the new owner of the real estate replaces the old owner as the lessor under an existing lease. However, the new owner can terminate the lease with the statutory notice period. The right to terminate the lease is not vested in the purchaser if the lease agreement was concluded for a defined period in writing and with a ‘date certain’ (an official confirmation, mostly given by a notary), and the object was handed over to the lessee or if the lessee’s rights under the lease agreement have been registered in the respective land and mortgage register.

On the other hand, if the lessee sells its enterprise and the parties to the agreement have not stated otherwise, only the rights under the lease agreement transfer to the purchaser of the enterprise. The obligations stay with the seller (lessee) unless the lessor, lessee and purchaser of the enterprise agree on a substitution of the lessee by the purchaser.

VIII OUTLOOK AND CONCLUSIONS

The outlook for the real estate sector in 2012 depends largely on the availability of financing for transactions and development of new projects. New office and commercial projects are currently planned or underway in Poland, and some strategic players active in central and eastern Europe indicate Poland as one of the few countries in which to focus the investment activity in 2012. The outcome of 2011, where the market recovered from the earlier slowdown and many interesting transactions took place, allows cautious optimism in terms of the perspectives. On the other hand, the general investment climate in Europe and the questions related to the region’s economy as a whole, cause some uncertainty also in the Polish market.

Due to its continued economic growth in recent years, Poland has been and is likely to continue to be an important place for real estate investments in the near future. The stable legal situation creates a good environment for real estate investments, attracting many international players. On the other hand, concerns regarding the general economic outlook and access to financing should not be disregarded, as they will affect investors’ approach to the region as a whole and affect the value of transactions and the number of new projects being undertaken.

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Appendix 1

About the Authors

Paweł Halwa

Schoenherr Attorneys at Law

Paweł Halwa is partner in Schoenherr’s Warsaw office, where he focuses on corporate and M&A, and real estate. He frequently advises on transactions and projects involving property, including sale of hotels, commercial real estate development, long-term lease agreements for the entertainment business and commercial premises, industrial property transactions, greenfield projects, as well as IPOs of real estate developers. He has represented clients in negotiations and proceedings before courts and administrative bodies such as the Ministry of Internal Affairs and Administration, the Financial Supervision Authority, the Ministry of Finance, the National Bank of Poland and the Office for Competition and Consumer Protection. Mr Halwa has authored books and articles on Polish law.

Michał GRUCA

Schoenherr Attorneys at Law

Michał Gruca is a senior associate with Schoenherr in Warsaw with more than five years of experience as a qualified lawyer. He mainly focuses on real estate, IP and litigation related work in Poland, and is involved in most of the litigation that Schoenherr Warsaw handles. Mr Gruca acts frequently for clients in the automotive industry, food and non-food wholesale, fragrance industry and the aluminium industry, advising them in terms of day-to-day commercial business and litigious proceedings. He has also recently advised BBC World News regarding cooperation with Polish clients and advises Polish Television on compliance with the press law and protection of personal rights. Mr Gruca holds degrees from the University of Szczecin (Magister iuris). He is admitted to the bar in Poland and has published a number of articles on the civil, real estate, litigation and compliance, and white-collar criminal law in Poland.

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About the Authors

Schoenherr Attorneys at Law

ul Zlota 59 00-120 Warsaw Poland

Tel: +48 22 222 42 00

Fax: +48 22 222 42 99 p.halwa@schoenherr.eu m.gruca@schoenherr.eu

www.schoenherr.eu

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