• Litigation
  • Agricultural law
  • Environmental law
  • Cooperatives law
  • Corporate and commercial law
  • Civil law
  • Criminal law
  • Collection of receivables
  • Construction law
  • Copyright and internet law
  • Intellectual property law

Legal adviser / Partner

wlodawiec@prokurent.com
Piotr Włodawiec is a graduate of the Faculty of Law and Administration of the University of Warsaw and completed postgraduate studies in capital markets law. He is admitted to practice as a legal adviser.

An expert in civil law, commercial law, employment law and agricultural law, he specializes in ongoing legal services for commercial entities, particularly in agri-food and education. He has extensive experience cooperating with corporate boards and senior management. He represents clients in judicial proceedings and negotiations and before local government appeal boards, particularly in cases concerning review of perpetual usufruct fees.

He also conducts training and lectures on civil and commercial law, and is the author of publications on law and business.

In addition to his legal education, Piotr Włodawiec is also a qualified farmer.

He has been a partner at Prokurent since 2009.

Education

2008 – completed postgraduate program in capital markets law at the University of Warsaw
2007 – admitted to practice as a legal adviser, Warsaw Regional Chamber of Legal Advisers
2002 – M.A., Faculty of Law and Administration, University of Warsaw

Experience
  • 06.2016 – Chairman of Committee for Social Communication and Information – The term of office ended
  • from 06.2016– Member of the Regional Team of Inspectors
  • from 06.2016 – Delegate to the National Convention of Legal Advisers
  • 2012 – 2013 Vice chairman of examination commissions 9 and 18 for admission of legal advisers. From 2013, chairman of the Committee for Social Communications and Information at the Warsaw Regional Chamber of Legal Advisers
  • 2012 Legal adviser entered in the list of experts at the Centre for Research, Study and Legislation of the National Council of Legal Advisers
  • 2010 – 2013 Delegate to the National Convention of Legal Advisers and member of the permanent Committee for Social Communication and Information at the Warsaw Regional Chamber of Legal Advisers
  • October 2009 Member of the supervisory board of Wipasz S.A.
  • December 2009 Partner at Makuliński Moczydłowski Rostafiński Włodawiec Kancelaria Radców Prawnych i Adwokatów Prokurent sp. partnerska. At the firm he provides legal assistance to Agro-Sokołów sp. z o.o., Polska Wytwórnia Papierów Wartościowych S.A. Treasury Printing Division, and Polska Grupa Drobiarska sp. z o.o., Wipasz SA, Zakłady Mięsne Zakrzewscy Sp. j., Peklimar Sp. z o.o., Centrum Rozwoju Dziecka Sp. z o.o., Grupa Oscar, Benefit Solution Sp. z o.o.
  • 2005 – 2009 Legal assistance for Provimi–Rolimpex S.A. (now Cargill Poland sp. z o.o.) Responsible for supervision of judicial and execution proceedings.
  • 2003 – 2005 Affiliated with Giełda Praw Majątkowych Vindexus S.A., the law firm of Legal Adviser Bogumiła Kowalska “Aval” and Kmieciak Choina Rostafiński Kancelaria Radców Prawnych Prokurent s.c. Responsible for conducting execution proceedings (over 3,500 active proceedings), and for conducting judicial and execution proceedings following issuance of the order declaring the bankruptcy of Clif S.A. which was subsequently set aside by the Supreme Court of Poland. Represented individuals and legal persons before the courts. Responsible for cases involving registration of new entities in the National Court Register.
Expert affiliations
Recent experience
  • Representing individuals and enterprises before the state courts, particularly in matters involving trade in livestock, beef, pork and poultry and collection of receivables.
  • Establishment and legal support for foundations.
  • Legal advice for individuals and other entities with respect to their business activity.
  • Preparing for transactions, particularly with respect to reforming the land and mortgage registers to reflect the actual legal status, updating maps and registers of buildings and other structures. Responsible for overseeing the accuracy of notarial deeds, finalizing transactions, and in-kind contribution of an organized part of an enterprise to a limited-liability company.
  • Opinions on agreements for raising pre-IPO financing.
  • Cooperation in drafting the “Strategy for Reconstruction and Development of Pork Production in Poland through 2030,” under the honorary patronage of the Minister of Agriculture and Rural Development, with the goal of improving the operations of the pork production industry in Poland.
Training
  • Feed law: The Feed Act in the context of the operation of a feed enterprise – training for Wipasz sp. z o.o.
  • Veterinary inspection authorities in the context of the rights and obligations of a feed enterprise – training for Wipasz sp. z o.o.
  • Training for the Sales Department of Polska Wytwórnia Papierów Wartościowych S.A., Treasury Printing Division.
  • Legal aspects of complaint services – training for Timex Group Polska sp. z o.o.
  • Employment law – training for Agro-Sokołów sp. z o.o.
  • Constructing business-oriented, precise, secure and user-friendly legal agreements – training prepared and conducted in conjunction with the Łazarski University Institute of Effective Leadership and Management for Macrologic S.A.
  • Legal analysis of the counterparty and conclusion of commercial agreements – training for slaughterhouses.
Publications (in Polish):

2014 | Priority – review of Supreme Court judicial decisions | Magazyn Hodowcy No 1/2014
Supreme Court found that violation of priority stipulated in art. 29 paragraph 1 point 3 of the Act on Management of Agricultural Real Estate of the State Treasury in conclusion of an agricultural property sales agreement, does not result in its invalidity. How should we understand the priority right and what happens when it is violated by Agricultural Property Agency? A legal adviser’s practical guidelines for tenants of agricultural properties.

2014 | Suability of arrangements of Regional Director of Environmental Protection issued in proceedings regarding a decision on environmental conditions for the implementation of a project | Magazyn Hodowcy No 2/2014
A decision on environmental conditions for the implementation of a project is an administrative decision which determines environmental conditions that an Investor is obliged to fulfil in the implementation of the planned project. The article explains what the role of Regional Director of Environmental Protection is and how to properly appeal against his decisions on agreed conditions for the implementation of a project in connection with proceedings regarding issuing a decision on environmental conditions.

2014 | Entrepreneur – read before you pay! | Polskie Mięso No 13
What should you do when you receive a payment demand from an entity which you do not remain in any legal relationship with? First of all, you have to read it carefully. It is possible that it is manipulation. The article warns e.g of entities that impersonate „Monitor Sądowy i Gospodarczy”.

2014 | Guidance on the procedure of obtaining permits for construction or development of a piggery | Polish Pig Breeders and Producers Association „POLSUS”
Do you need a new piggery? The publication which was produced as a part of a training project on procedures of obtaining permits for construction or development of a piggery, sponsored by Pork Promotion Fund. Operations of procedures for obtaining permits for construction or development of a piggery are explained step by step. What is more, useful template applications and declarations can be found in the brochure

09/2014 | Castration (il)legal? The interpretation is relevant | Top Agrar Polska
According to the interpretation by Ministry of Agriculture and Rural Development as well as Main Veterinary Inspectorate, the regulations allow to geld piglets in the first week of life, which is a common practice in Polish piggeries. Defenders of animal rights from „VIVA” Foundation appeal that it is against the law. The author of the article and the Chief Official Veterinarian do not share the opinion of “VIVA” Foundation.

06-08/2014 | Rights and obligations of IJHARS | Polskie Mięso No 12
The article explores the Act of 21 December 2000 which regulates matters of marketable quality of agri-food products as well as organisation and rules of operation of Agricultural and Food Quality Inspection. It presents the powers of inspectors, issues of control protocols, financial penalties and an example of application of the act by the Voivodeship Administrative Court.

04/2014 | The zone could be smaller | Top Agrar Polska
It was in the interest of Poland to determine a zone of a minimal size required by the law. A comment on legal aspects of determination of a protection and surveillance zone in connection with African swine fever (ASF). The viewpoint presented by the legal adviser Piotr Włodawiec is different from the one presented by the Chief Official Veterinarian.

04/2014 | Agency agreement – selected judicial decisions | Temidium. Prawo i Praktyka
The article presents selected issues regarding codex regulations of an agency agreement in the light of recent judicial decisions. The authors pay attention to the relevance of regulations regarding the agency agreement in interpretation of innominate contracts applying in business transactions.

03-06/2014 | Buffer zone – legal possibilities | Polskie mięso Nr 11
On 17 February 2014 the chief official veterinarian informed that near the village of Grzybowszczyzna in Podlasie voivodeship a dead boar was found, in which an ASF virus was identified. Due to the appearance of cases of African swine fever in the meat industry arose the need to resolve doubts regarding adjustment of buffer zones. What are protection and surveillance zones? How and on what legal basis are they determined? What rules apply in these zones?

01/2014  |  The case law on contractual penalties  |  Temidium. Prawo i Praktyka, No. 76
The article examines the regulations and the case law of the Supreme Court of Poland and the lower courts on the Civil Code rules concerning contractual penalties. The authors also discuss practical aspects, including reduction of contractual penalties.

03/2013 | Insurance for a farm | Magazyn Hodowcy
The article explores issues connected with the legal nature of a contract for insurance of farm buildings and livestock. The author analyzes the reasons it is worth insuring farm property and the reasons insurance companies are not interested in insuring livestock.

02/2013 | The institution of notification under the Construction Law | Magazyn Hodowcy
The rule under the Construction Law is that construction work may be commenced only on the basis of a final decision on construction (i.e. a decision against which no further appellate review is available). As with every rule, there are exceptions. The article includes a description of situations in which an investor need not seek a building permit, but it is sufficient to submit notification.

01/2013 | Production and transport of natural fertilizers | Magazyn Hodowcy
The article is devoted to situations in which persons providing legal services currently or in the past to parties to a civil proceeding testify as witnesses in the proceeding.

04/2012 | The ABCs of guarantees | Top Agrar
What to do to avoid losing rights under guarantees for purchased goods and equipment. Specific recommendations from a legal adviser on compliance with deadlines, procedures for seeking repairs, assistance from appraisers and the like.

03/2012 | Professional counsel and judicial verification of the grounds for the claim in a civil proceeding: Selected issues | Temidium. Prawo i Praktyka
The article draws attention to legal issues arising out of failure to adequately state the legal and factual grounds for the claim in a statement of claim prepared by professional counsel.

02/2012 | The harvest is near but there is no contract: What to pay attention to when concluding a contract for harvesting of grain | Magazyn Hodowcy
Legal pointers to help prepare a good and effective contract, for anyone involved in cooperation in harvesting of crops.

12/2011 | About the legal services market | Radca Prawny

11/2011 | Contract: Legal adviser and client | Radca Prawny
What areas should be covered by a good legal services agreement? Apart from the subject of the contract, the fees and payment terms, what else should be included when drafting the document that will serve as the basis for successful cooperation for both parties to the contract?

09/2011 | Practice of the profession: Protection of professional confidentiality of a legal adviser in a civil proceeding | Temidium. Prawo i Praktyka
The article is devoted to situations in which persons providing legal services currently or in the past to parties to a civil proceeding testify as witnesses in the proceeding.

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