2012 July

Resolution of 18 July 20 (reference symbol of files III CZP 33/12)

Does the costs necessary to assert the rights of deliberate or intentional defense (Article 98 § 3 of the Code of Civil Proceedings) include travel expenses to the court of an attorney who is a lawyer?

A loosing party is obliged to pay the other party represented by a lawyer travel expenses to the court if they were indispensable for asserting the rights of intentional and purposeful defense.

Resolution of 18 July 20 (reference symbol of files III CZP 34/12)

 Whether and what evidence of validity of the is a subject to examination on issuing a certificate for the executors of the will Article 986 of Code of civil Procedure in conjunction with Article 665 of Code of Civil Procedure)?

In the case of issuing a certificate for an executor of a will (Article 665 of the Code of Civil Procedure) the court examines the existence of the will and its importance due to the form.

Resolution of 18 July 20 (reference symbol of files III CZP 34/12)

Is discontinuance of execution, by virtue of law, of real estate enforcement proceedings relating to alimony in case of lack of submission by the creditor within a year of the motion to resume suspended proceedings on the property of the debtor possible?

Article 823 of Code of Civil Procedure also applies to the execution of maintenance carried out on the property.

Resolution of 18 July 20 (reference symbol of files III CZP 39/12)

Does the withdrawal from mutual agreement deprive the party making such waiver a claim for payment of a contractual penalty by the other party, reserved in the event of default or delay for the period prior to withdrawal from the contract, if the parties to a contract have not reserved the right to claim the penalty in case of withdrawal from the contract, stipulating however contractual penalty due to withdrawing from the contract?

Claim for payment of contractual penalty in the event of default or delay does not relates to the party withdrawing from the mutual agreement if the agreement provides for such a penalty.

Resolution of 18 July 2012 (reference symbol of files III CZP 41/12)

Is the basis of liability for damage caused by a water leak from the premises located above to the property situated below stipulates Article 433 of the Civil Code?

Article 433 of Civil Code does not constitute the basis of liability for damage caused by a water leak in the building from the premises to another premises.

 

 


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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