2012 December

This ruling 12 December 2012 (ref. No. III CZP 80/12)

1. Does the fact that a person appointed to act as trustee in bankruptcy for the period specified in Art. 25 of the Act of 15 June 2007. Trustee license (Journal of Laws No. 123, item. 850, as amended.), The date of the appointment was not licensed, resulting in the recognition that, in the end of the period specified in that provision, and failure to obtain a license , he or she has lost the legitimacy to continue to act as trustee and can not exercise it until the end of the bankruptcy proceedings in the case, and the provision of art. 2. 2 of the Act of 29 October 2010. Amending the Act on the license trustee (Journal of Laws No. 239, item. 1590) shall not apply to such people?

2. Does the trustee, who was appointed as the period specified in Art. 25 of the Law on the license trustee, the trustee who does not continue the license after the expiry of that period, although it nieodwołania by the bankruptcy court of the functions entrusted to him may continue to exercise the board or the bankruptcy estate and - in the case of a positive response - within the office is entitled to act and on behalf of the bankruptcy estate in court and administrative proceedings?

The person appointed to perform the duties of the trustee on the basis of Art. 25 of the Act of 15 June 2007. Trustee license (Journal of Laws No. 123, item. 850, as amended.), Which has not received the license trustee until 25 October 2010. Did not lose because of this right to continue to perform the duties trustee in bankruptcy proceedings, which is entrusted with the execution of activities. The exercise by such a person functions trustee in bankruptcy proceedings also included the right to act on behalf of the bankruptcy estate in court proceedings.

This ruling 12 December 2012 (ref. No. III CZP 81/12)

Whether in cases of entry perpetual usufruct with ownership of the buildings erected on the land is taken one fixed fee (Art. 42 paragraph. 1 of the Act of 28 July 2005. On court costs in civil matters, OJ jt . No. 90, pos. 594 with later. d.) or you need to download an entry fee of the request to each of these rights separately (Art. 42 paragraph. 1 in conjunction. with Art. 45 paragraph. 3 of the Act on court costs in cases civilian)?

Since the application for entry in the land register perpetual usufruct and ownership of the buildings erected on a fee referred to in Article constant. 42 paragraph. 1 of the Act of 28 July 2005. On court costs in civil matters (the unit. Text Journal of Laws of 2010., No. 90, item. 594, as amended.), A request for entry of each of these rights.

This ruling 12 December 2012 (ref. No. III CZP 83/12)

Is the deletion of the National Court Register, a limited liability company on whose behalf the shareholder of the company sued, referred to in Art. 295 Code of Commercial Companies makes a judgment unacceptable, and thus justifies the dismissal of the proceedings?

Deletion of a limited liability company with the National Court Register after recess by a shareholder action on its behalf under Article. 295 Code of Commercial Companies does not justify the discontinuance of the proceedings on grounds of inadmissibility judgment.

This ruling 20 December 2012 (ref. No. III CZP 84/12)

Is a violation of the rules of social resolution of the shareholders' meeting of a limited liability company may be taken into account only in the context of a specific clause overall "good manners" and therefore may give rise to the repeal of such resolution if at the same time it is directed against the interests of the company or intended to harm her partner in case of filing a claim for its repeal against the company (Art. 249 § 1 of the CCC), or is it strictly a resolution invalid (Art. 58 § 2 of the Civil Code), and against the company can bring an action for annulment of the decision (Art. 252 § 1 CCC)?

Resolution of the general meeting of shareholders of a limited liability contrary to the rules of social conduct in breach of decency within the meaning of Art. 249 § 1 of the Code of Commercial Companies

This ruling 20 December 2012 (ref. No. III CZP 93/12)

In the light of Art. 34 paragraph. 1 of the Act of 22 May 2003. On compulsory insurance, Insurance Guarantee Fund and Polish Motor Insurers' Bureau (Journal of Laws of 2003., No. 124, item. 1152, as amended.) - As in force before 11 February 2012 ., the insurance company liable to the immediate family members of the deceased the guarantee liability for the injury suffered, on the basis of Art. 448 of the Civil Code in conjunction with Art. 24 § 1 of the Civil Code?

Article 34 paragraph. 1 of the Act of 22 May 2003. On compulsory insurance, Insurance Guarantee Fund and Polish Motor Insurers' Bureau (Dz. U. No. 124, item. 1152, as amended.) - The version of 11 February 2012. - Do not turn off the of the insurance cover compensation for the harm the person against whom the insured liable on the basis of Art. 448 of the Civil Code


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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