Glossary entry (derived from question below)
Polish term or phrase:
czynności konkludentne
English translation:
implied action
Added to glossary by
Serenadele
Oct 23, 2013 11:44
10 yrs ago
15 viewers *
Polish term
Works in: English to Polish, Polish to English
czynności konkludentne
Polish to English
Law/Patents
Law: Contract(s)
dotyczy czynności dorozumianych, zawartych między Stronami umowy.
Proposed translations
(English)
| 3 | implied action |
Serenadele
|
| 4 | Legal acts concluded implicitly / implicit acts |
Krystian Kop (X)
|
| 3 | concludent acts |
Swift Translation
|
Change log
Oct 27, 2013 12:39: Serenadele Created KOG entry
Proposed translations
24 mins
Serenadele
Poland
Poland
Native in Polish
Poland
Native in: Polish (Variant: Standard-Poland) 
Works in: Polish to English, English to Polish, Russian to Polish
Related KudoZ points
:
15
Selected
implied action
implied action
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Note added at 24 min (2013-10-23 12:09:16 GMT)
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http://en.wikipedia.org/wiki/Implied-in-fact_contract
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Note added at 28 min (2013-10-23 12:12:38 GMT)
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For example, when a patient goes to a doctor's appointment, his actions indicate he intends to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate he intends to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. (They both agreed to the same essential terms, and acted in accordance with that agreement. There was mutuality of consideration.) In such a case, the court will probably find that (as a matter of fact) the parties had an implied contract. If the patient refuses to pay after being examined, he will have breached the implied contract.
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Note added at 24 min (2013-10-23 12:09:16 GMT)
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http://en.wikipedia.org/wiki/Implied-in-fact_contract
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Note added at 28 min (2013-10-23 12:12:38 GMT)
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For example, when a patient goes to a doctor's appointment, his actions indicate he intends to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate he intends to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. (They both agreed to the same essential terms, and acted in accordance with that agreement. There was mutuality of consideration.) In such a case, the court will probably find that (as a matter of fact) the parties had an implied contract. If the patient refuses to pay after being examined, he will have breached the implied contract.
3 KudoZ points awarded for this answer.
17 mins
concludent acts
propozycja
31 mins
Legal acts concluded implicitly / implicit acts
Legal acts concluded implicitly (“per facta concludentia”) by employees of a company
Judgment of the Court of Appeal in Katowice of 21 October 2010 (file No VACa 328/10) – It is generally accepted in legal literature that a legal person acting, in principle, through its bodies (Article 38 of the Civil Code) may be understood to have implicitly granted a power of attorney to its employee to conclude agreements, by entrusting such an employee with specific tasks as part of day-to-day operations of the company. It is however important that the factual acts taken as part of operations of a given legal person and liable to produce legal effects, be consistent with the will of individuals authorised to make statements on behalf of such a legal person, or at least without objection on the part of the body representing a given legal person.
In practice, may legal acts are taken „per facta concludentia”. This means that certain behaviours such as placing and accepting orders, releasing and accepting goods, have specific legal effects. In the analysed case, the Court found that behaviour consisting in accepting goods and issuing an invoice may be qualified as an offer to conclude a sale agreement addressed to the other party. Due to their legal effects, such acts fall within the scope of competence of a body authorised to represent a legal person.
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Note added at 36 mins (2013-10-23 12:20:38 GMT)
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Czynności konkludentne (czynności dorozumiane) - rodzaj czynności procesowych, komunikowanie przez samo zachowanie, które w konkretnej sytuacji wskazuje na istotę czynności.
Dorozumianie (per facta concludentia) to zachowanie, które w zasadzie zmierza do innego celu, ale z którego pośrednio wynika "w sposób dostateczny" taki akt woli.
Czynności konkludentne są w istocie działaniem świadomym polegającym na komunikacji za pomocą zachowania.
Judgment of the Court of Appeal in Katowice of 21 October 2010 (file No VACa 328/10) – It is generally accepted in legal literature that a legal person acting, in principle, through its bodies (Article 38 of the Civil Code) may be understood to have implicitly granted a power of attorney to its employee to conclude agreements, by entrusting such an employee with specific tasks as part of day-to-day operations of the company. It is however important that the factual acts taken as part of operations of a given legal person and liable to produce legal effects, be consistent with the will of individuals authorised to make statements on behalf of such a legal person, or at least without objection on the part of the body representing a given legal person.
In practice, may legal acts are taken „per facta concludentia”. This means that certain behaviours such as placing and accepting orders, releasing and accepting goods, have specific legal effects. In the analysed case, the Court found that behaviour consisting in accepting goods and issuing an invoice may be qualified as an offer to conclude a sale agreement addressed to the other party. Due to their legal effects, such acts fall within the scope of competence of a body authorised to represent a legal person.
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Note added at 36 mins (2013-10-23 12:20:38 GMT)
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Czynności konkludentne (czynności dorozumiane) - rodzaj czynności procesowych, komunikowanie przez samo zachowanie, które w konkretnej sytuacji wskazuje na istotę czynności.
Dorozumianie (per facta concludentia) to zachowanie, które w zasadzie zmierza do innego celu, ale z którego pośrednio wynika "w sposób dostateczny" taki akt woli.
Czynności konkludentne są w istocie działaniem świadomym polegającym na komunikacji za pomocą zachowania.
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