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SN III CZP 9/15
Composition of 3 judges
Date of ruling: 17 April 2015
Can the creditor of one of the spouses carry out enforcement on a fraction of the property after the end of the marital cohabitation, or should his claim be satisfied by seizing the debtor's right to demand division of the joint property (Civil Procedure Code Art. real estate, if it is due to the debtor?
Resolution of the Supreme Court of April 17, 2015.
The creditor of one of the spouses, after the termination of the marital community, may execute the spouse's share in the ownership of the property previously included in the joint property.
SN III CZP 116/14
Composition of 3 judges
Date of ruling: 13 March 2015
Is it permissible to get rid of the right to perpetual usufruct of part of the real estate by way of a unilateral legal action?
Resolution of the Supreme Court of March 13, 2015.
The perpetual usufructuary may not divide the land given to him in perpetual usufruct.
SN III CZP 34/14
Composition of 7 judges
Date of ruling: 30 January 2015
Is it possible to enter into the National Court Register, in the box Proxies, one proxy with the proviso that he may only act together with a member of the company's management board?
Resolution of a panel of 7 judges of the Supreme Court of 30 January 2015 .
It is unacceptable to enter one proxy in the register of entrepreneurs in the National Court Register, with the proviso that he may only act together with a member of the management board.
SN III CZP 76/14
Composition of 3 judges
Date of ruling: 5 November 2014
Is the debtor's prior request for payment of the penalty necessary for the effective deduction of a contractual penalty (Art. 455 of the Civil Code)?
Resolution of the Supreme Court of 5 November 2014.
The claim is due within the meaning of Art. 498 § 1 of the Civil Code within the time limit resulting from Art. 455 of the Civil Code
SN III CZP 70/14
Composition of 3 judges
Date of ruling: October 16, 2014
In the light of Art. 968 of the Civil Code can be considered an important testamentary clause formulated alternatively?
Resolution of the Supreme Court of October 16, 2014.
It is important ordinary provision (Article 968 § 1 of the Civil Code), in which the subject of the service has been specified alternatively.
SN III CZP 33/14
Composition of 3 judges
Date of ruling: 11 July 2014
Is the claim of the housing cooperative against the municipality for the reimbursement of a partially undue benefit in connection with the payment of an exaggerated perpetual usufruct fee, subject to a three-year limitation period as related to the housing cooperative's running of economic activity (Art. 118 of the Civil Code in fine), or a ten-year period, on general terms?
Resolution of the Supreme Court of 11 July 2014.
A claim by a housing cooperative for the reimbursement of part of the annual fee for perpetual usufruct of land is a claim related to running a business and is subject to a three-year statute of limitations.
SN III CZP 9/14
Composition of 3 judges
Date of ruling: 6 June 2014
Is in a case for the establishment of an easement for remuneration corresponding to the content of the transmission easement initiated pursuant to art. 305 [2] § 2 of the Civil Code from the request of the property owners - the participant is acquired by usucaption of a land easement corresponding to the content of the transmission easement - due to the exercise by the participant (legal predecessors) of the rights resulting from the decision issued pursuant to Art. 35 sec. 1 and 2 of the Act of March 12, 1958 on the principles and procedure of expropriation of real estate (uniform text: Journal of Laws of 1974 No. 10, item 64, as amended) constituting the legal title to their exercise?
Resolution of the Supreme Court of 6 June 2014.
Exercising powers to the extent resulting from the decision issued pursuant to art. 35 sec. 1 and 2 of the Act of March 12, 1958 on the principles and procedure of real estate expropriation (consolidated text: Journal of Laws of 1974, No. 10, item 64, as amended), constituting the legal title to their execution, does not lead to for acquisition by prescription of an easement corresponding to the content of the transmission easement.
SN III CZP 14/14
Composition of 3 judges
Date of ruling: 6 June 2014
Is in a case for the establishment of an easement for remuneration corresponding to the content of the transmission easement initiated pursuant to art. 305 [2] § 2 of the Civil Code from the request of the property owners - the participant is acquired by usucaption of a land easement corresponding to the content of the transmission easement - due to the exercise by the participant (legal predecessors) of the rights resulting from the decision issued pursuant to Art. 35 sec. 1 and 2 of the Act of March 12, 1958 on the principles and procedure of expropriation of real estate (uniform text: Journal of Laws of 1974 No. 10, item 64, as amended) constituting the legal title to their exercise?
Resolution of the Supreme Court of 6 June 2014.
Exercising powers to the extent resulting from the decision issued pursuant to art. 35 sec. 1 and 2 of the Act of March 12, 1958 on the principles and procedure of real estate expropriation (consolidated text: Journal of Laws of 1974, No. 10, item 64, as amended), constituting the legal title to their execution, does not lead to for acquisition by prescription of an easement corresponding to the content of the transmission easement.
SN III CZP 19/14
Composition of 3 judges
Date of ruling: May 14, 2014
Does the termination of one of the co-owners of an independent flat of the entire perpetual usufruct fee with a value corresponding to the share in the perpetual usufruct of the plot as a right related to the ownership of the premises apply to the remaining co-owners of the premises who are perpetual co-users?
what if not:
in this situation, should the fee be paid to each of the co-owners of the premises in full or in part corresponding to his share in the joint ownership of the premises?
Resolution of the Supreme Court of 14 May 2014.
The annual fee for perpetual usufruct related to the ownership right to a separate residential premises should be terminated in full to all co-owners of this premises (Article 78 (1) of the Act of August 21, 1997 on real estate management, consolidated text Journal of Laws of 2010 r. No. 102, item 651, as amended).
SN III CZP 14/14
Composition of 3 judges
Date of ruling: May 14, 2014
In the light of the provisions of Article 145 § 1 of the Civil Code, is the appropriate access to the public road always provided by a motor vehicle or, on the contrary, the location of the real property may justify the assumption that the appropriate access to the public road is a pedestrian crossing, in a situation where access by means of a motor vehicle is is technically possible, but will entail interference with the encumbered real estate in the form of loss of the current character or change of purpose?
Resolution of the Supreme Court of 14 May 2014.
Adequate access to a public road (Art. 145 § 1 of the Civil Code) should also include the possibility of the passage of motor vehicles, unless it is not justified by the needs of the real estate, border configuration, topography or social and economic interest.
SN III CZP 17/14
Composition of 3 judges
Date of ruling: 24 April 2014
Can a person who is a member of the management board of a limited liability company, entitled under the provisions of the articles of association to represent the company together with the other member of the management board, be appointed a proxy for a specific type of activity by the management board of this company?
Resolution of the Supreme Court of 24 April 2014.
A member of the management board of a limited liability company, authorized under the articles of association to represent it together with the other member of the management board, may be appointed a proxy for certain types of activities.
SN III CZP 15/14
Composition of 3 judges
Date of ruling: 24 April 2014
Is the provision of Art. 40 sec. 2 of the Act of August 20, 1997 on the National Court Register (Journal of Laws of 2007, No. 168, item 1186, as amended) - in the light of the definition of the financial year contained in Art. 3 sec. 1 point 9 of the Accounting Act of September 29, 1994 (Journal of Laws of 2009, No. 152, item 1223, as amended) - includes the entry of a note on the submission of financial statements not covering the period of a calendar year or 12 subsequent ones, full calendar months - if the applicant stipulates in the articles of association that the first financial year covers the period from the date of commencement of operations to the end of the calendar year in which he commenced operations, i.e. is shorter than 12 consecutive full calendar months?
Resolution of the Supreme Court of 24 April 2014.
If the articles of association stipulate that the financial year is a calendar year, and the company commenced operations in the first half of the year, its first annual financial statements subject to entry in the register pursuant to Art. 40 point 2 of the Act of August 20, 1997 on the National Court Register (text unit: Journal of Laws of 2013, item 1203, as amended) is a report covering the period from the date of its commencement of operations to the end of the calendar year .
SN III CZP 8/14
Composition of 3 judges
Date of ruling: March 28, 2014
Can the applicant add to the term of acquisitive prescription of the ownership of the property the period in which the term for acquisition by usucaption of the right of perpetual usufruct against the previous perpetual usufruct user ran against the previous perpetual usufruct user, and which perpetual usufruct has expired before the expiry of the term for which has a perpetual usufruct agreement been concluded?
Resolution of the Supreme Court of March 28, 2014.
The period of possession in terms of the content of the right of perpetual usufruct is not included in the period of acquisitive prescription.
SN III CZP 112/13
Composition of 3 judges
Date of ruling: February 26, 2014
Is the date of payment of the court fee paid through the Polish post office of the designated operator within the meaning of the Act of 23 November 2012 - Postal Law (Journal of Laws of 2012, No. bank account - is the date of payment in cash in such an institution or the day of crediting the bank account kept for the court?
Resolution of the Supreme Court of February 26, 2014.
The date of payment of the court fee to the court's bank account in the form of a cash payment at the Polish post office of the designated operator (Poczta Polska SA) is the date of receipt of the payment by the operator.
SN III CZP 109/13
Composition of 3 judges
Date of ruling: February 26, 2014
Is it permissible to establish separate ownership of the premises by way of an agreement between the buyer and the current owner of a building property in a building located on several properties remaining in the perpetual usufruct of the building owner, for which separate land and mortgage registers are kept due to the fact that these properties are owned by different people?
Resolution of the Supreme Court of February 26, 2014.
Establishing separate ownership of the premises in a building located on land owned by the State Treasury and the commune is also unacceptable when one person is the perpetual usufructuary of the land including these properties.
SN III CZP 95/13
Composition of 3 judges
Date of ruling: February 7, 2014
1. Does the provision of Art. LI of the Act of April 23, 1964 - provisions introducing the Civil Code in a situation where the inheritance opened after the above date;
2. Does the participant in the proceedings who participated in the case for a declaration of inheritance acquired under the will apply to the restrictions referred to in Art. 679 § 1 of the Code of Civil Procedure in connection with joke. 679 § 4 of the Code of Civil Procedure in the submission of an application to amend the decision on the acquisition of an inheritance in the event that the court omitted in the same proceedings the assessment of the validity of the vindication clause contained in the will;
and in the case of a positive answer to the second question:
3. Can such a participant in the proceedings submit an application, unlimited under any conditions, for a declaration of the acquisition of the subject of a recovery legacy in the event of a previously issued decision confirming the acquisition of an inheritance, in which this issue has not been assessed?
Resolution of the Supreme Court of February 7, 2014.
1. If the court in a case for a declaration of the acquisition of an inheritance has not ruled on the recovery legacy, a participant in the proceedings may submit a separate application for a declaration of the acquisition of the subject of the recovery legacy.
2. The effectiveness of a recovery legacy is assessed on the basis of the law in force at the time the inheritance was opened.
SN III CZP 84/13
Composition of 7 judges
Date of ruling: 29 January 2014
Is it permissible for the owner of the premises to transfer to the housing community the rights he is entitled to against the seller of the premises due to physical defects of the common property?
Resolution of a panel of 7 judges of the Supreme Court of 29 January 2014.
The owner of the premises may, on the basis of a transfer agreement, transfer to the housing association the rights he is entitled to against the seller of the premises in connection with physical defects of the common real estate.