2011 July

Resolution of 13 July 2011 (reference symbol of files III CZP 31/11)
The perpetrator of a road accident, against whom a punitive measure involving obligation to repair damage was applied (Article 46 § 1 in conjunction with article 39 Section 5 of the Penal Code), may claim from the insurer - on the basis of the contract of civil liability of motor vehicle owners for the damages made in connection with the use of these vehicles - the return of benefits paid to the injured party.

Resolution of 13 July 2011 (reference symbol of files III CZP 37/11)
Execution of costs necessary to carry out targeted enforcement is allowed after the decision on their conclusion.

Resolution of 13 July 2011 (reference symbol of files III CZP 28/11)
1. Compulsory representation of plaintiff by a lawyer or attorney-at-law, stipulated in article 4 Paragraph 4 of the Act of 17 December 2009 on the recovery of claims in class action (OJ No 7, pos. 44), applies also to the district (municipal) consumer advocate who is representative of the group.
2. Class action lawsuit, filed without retaining mandatory representation of a plaintiff by a lawyer or attorney-at-law stipulated in article 4 paragraph 4 of the Act of 17 December 2009 on the recovery of claims in class action (OJ No 7, pos. 44), shall be returned without calling to complete the shortages of form.

Resolution of 13 July 2011 (reference symbol of files III CZP 26/11)
1.The basis for the claim of a obligation to chargeable transfer of ownership of sewage facilities is - since the entry into force of the Act of 30 May 2008 amending the Act - the Civil Code and certain other acts (Journal of Laws No. 116, pos. 731) - art. 49 § 2 of the Civil Code.
2. If the costs of construction of facilities referred to in art. 49 § 1 of the Civil Code, were incurred by several people, each of them is entitled - on the basis of art. 49 § 2 of the Civil Code – to a claim to chargeable transfer of ownership rights to these devices against the entrepreneur, who joined the units to his network.

Resolution of 13 July 2011 (reference symbol of files III CZP 31/11)
The court may grant to a next of kin of deceased member of a family a cash compensation for a wrong suffered on the basis of article 448 in conjunction with article 24 § 1 of the Civil Code, even if the death occurred before 3 August, 2008 as a result of injury or harm to health.

Resolution of 13 July 2011 (reference symbol of files III CZP 31/11)
1. Joint debtor is not bound by an arbitration agreement concluded by other joint debtor.
2. Partner of Joint venture company is not bound by an arbitration agreement concluded by the company.
3. Purchaser of the company (art. 554 CC) is bound by an arbitration agreement concluded prior to transfer of business by the vendor with its creditor, including disputes concerning the obligations relating to the conduct of the company.


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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