2013 December

The judgment of 11 December 2013 (ref. No. III CZP 78/13) Composition of 3 judges

Is hearing postponement is due to the absence of disease-induced side (Art. 214 § 1 of the Code of Civil Procedure), the party in spite of long-term illness preventing her personal participation in the hearing and to its attention by the President of the advisability of appointing a representative (Art. 212 § 2 of the Code of Civil Procedure) did not set up a proxy?

Supreme Court resolution of 11 December 2013.

Absence of a party called long-term illness does not justify the postponement of the hearing, if the circumstances of the case be adjourned hearing constitutes an abuse of procedural rights

 

Judgment of 12 December 2013 (ref. No. III CZP 78/13) Composition of 3 judges

Is on the payment of compensation for pain associated with the death of a close relative (art. 446 § 4 of the Civil Code) in the event of the death of the plaintiff after seised is acceptable to the proper application of Art. 445 § 3 of the Civil Code?

Supreme Court resolution of 12 December 2013.

In the case of monetary compensation for the harm suffered as a result of the death of a close family member (Art. 446 § 4 of the Civil Code) applies Art. 445 § 3 of the Civil Code

 

The judgment of 13 December 2013 (ref. No. III CZP 73/13) Composition of 3 judges

1. Is the existence of a "legitimate interest" is a prerequisite for substantive to bring proceedings for recognition provisions of standard contracts illegal?

in the case of a positive answer to the first question:
2. Does a legitimate interest in bringing an action for the recognition provisions of standard contracts illegal is exhausted, when compared to the defendant entrepreneur President of the Office of Competition and Consumer Protection has been previously decided to consider infringing collective consumer interests and prohibited the practice set out in Art. 24 paragraph. 1 and mouth. 2 Section 1 of the Act of 16 February 2007. On competition and consumer protection (Journal of Laws No. 50, item. 331, as amended.), Where both proceedings allegations relate to the use by the same company under the same provisions of standard contracts?

Supreme Court resolution of 13 December 2013.

The existence of a "legitimate interest" does not constitute substantive evidence to bring proceedings for recognition provisions of standard contracts illegal.

 

The judgment of 13 December 2013 (ref. No. III CZP 80/13) Composition of 3 judges

Which court of public authorities, the president of the court or the director of the court in proceedings related to the enforcement of court claims the authority competent to represent the court as an organizational unit of the Treasury?

Supreme Court resolution of 13 December 2013.

President of the court shall proceed, as the Treasury in cases of enforcement of fines, penalties and costs of the proceedings in civil cases.

 

The judgment of 13 December 2013 (ref. No. III CZP 81/13) Composition of 3 judges

Is it acceptable to a waiver of perpetual usufruct of land owned by the Treasury, not covered by the provisions of the Act of 19 October 1991. On agricultural property of the Treasury, by a legal person which is not a state or local government legal person?

Supreme Court resolution of 13 December 2013.

Usufructuary who can not waive his right under the provisions of the Act of 19 October 1991. On agricultural property of the Treasury (the unit. Text: Dz. U. of 2012. Pos. 1187, as amended.) can get rid of this right in accordance with Art. 902 [1] of the Civil Code applied by analogy.


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