2010 June

Resolution of 17 June 2010 (reference symbol of files III CZP 41/10).
On the basis of article 527 § 1 c.c. creditor may challenge the joint motion of a debtor and other participants of the proceedings for the division of joint property, inheritance division and the abolition of division of joint ownership, if pursuant to the acceptance of the motion valuable objects covered by the division have been acquired by parties other than debtors. Time limit stipulated in article 534 c.c. runs from the day the decision about division becomes final.

Resolution of 17 June 2010 (reference symbol of files III CZP 39/10).
A basic fee is collected from the complaint against the decision on the rejection of the motion to prepare a justification of the decision about property rights (article 14, paragraph 1 of the Act of 28 July 2005 on court fees in civil cases OJ No. 167, item 1398 as amended).

Resolution of 17 June 2010 (reference symbol of files III CZP 38/10).
Provision of article 192 point 3 civil code proceedings applies in the event of disposal of property by the debtor during the case to obligate him to make a declaration of intent to conclude the promised sales contract of that property.

Resolution of 2 June 2010 (reference symbol of files III CZP 37/10).
Course of limitation for claims for reimbursement of improperly collected fees for a vehicle card on the basis of the resolution of the Minister of Infrastructure of 28 July 2003 on charges for a vehicle card (OJ 2003, No. 137, item 1310) starts from the date of performance.

Resolution of 29 June 2010 (reference symbol of files III CZP 42/10).

  1. In the case of acquisition of an easement by acquisitive prescription, the owner of the encumbered estate may request a change in its performance if an important economic need arose after placing transmission equipment;
  2. compensation for changing the way the transmission easement is performed may include the costs of introducing this change.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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