The most important changes concern the limitation of period for claims and exploitation.
From the entry into force of the amendment, the limitation period for claims under the mediation agreement and the application for a summons to a conciliatory trial is suspended only for the duration of the mediation and conciliation proceedings.
What is more important, based on the amended provisions initiating mediation does not interrupt the limitation period.
The legislator also removed mediation from the list of proceedings, after which the limitation period starts running from its beginning.
The above-mentioned changes were motivated by the Legislator with the need to eliminate from legal transactions situations in which the parties submitted requests for mediation or summons to a conciliatory attempt only for the sake of appearance, in order to interrupt the limitation period, without the actual intention of an amicable settlement of the dispute.
Next change covers the addition by the legislator of “inexperience or lack of sufficient understanding of the other party” as elements of exploitation. Additionally, the exploited person has the right to annul the contract, no matter how difficult it would be to reduce its performance or increase the amount of due to it.
The last of the changes is one concerning joint and several liability for the payment of rent and other payments of people living together with the tenant. Until now, all adults living with tenant were jointly and severally liable for the payment of rent and other due fees. Based on the amended provision of Art. 688 1 of the Civil Code, adult descendants who are dependent on the tenants who are not able to support themselves are not jointly and severally liable with the tenant.
The changes made to the Code of Civil Procedure consist in the amendment to Art. 1025. Currently claims resulting from the withdrawal from a developer contract or from the transformation of claims under a development contract are satisfied from the amount obtained from the execution of the real estate on which a development project or other investment task is carried out.
The newly added § 6 of the above-mentioned provision stipulates, that the claim of the Insurance Guarantee Fund for the return of payments or amounts is to be satisfied from the amount obtained from the execution of the real estate on which the development project or investment task is carried out.
Jan Mielczarek (e-mail: [email protected]) will answer questions relating to this revision.