2010 November

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
Suspension of enforcement at the creditor’s request after the tender and the court’s suspension of the order for the grant of preliminary adjudication is an obstacle to the granting of an order for preliminary adjudication.

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
A Party which is a taxpayer on goods and services and in the same time is a party to a replacement agreement to which article 15 of the Act of 21 August 1997 on Real Estate Management (uniformed text: Journal of Law of 2010, No. 102, item 651, as amended) applies is not, on the basis of this provision in conjunction with article 56 of Civil Code, entitled to claim against the contractor for payment of an amount equal to the tax on goods and services, calculated on the value of the contractor’s service if the agreement does not include the provision of payment of the claimed amount.

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
In the case of deprivation of the feasibility of an enforcement title under article 840 § 2 paragraph 2 of the CCP, it is permissible to establish a new cause of action involving filing of a motion on deduction along with enforced receivables established only during the process of mutual execution, even if the charge of deduction in the statement of claim was ineffective.

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
The claim under article 124 paragraph 5 of the Act of 21 August 1997 on Real Estate Management (Uniformed Text: OJ 2010, No. 102, item 651, as amended) is available to a holder of a perpetual usufruct, even when only a part of a land is used for the construction of technical infrastructure, excluding the previous use; a claim may be brought only against the State Treasury.

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
To a claim of a partner on taking up the shares in the increased share capital article 61 § 1 - the first sentence of Civil Code is applicable. If there is no other reservation the shareholder’s management of his/her shares for the benefit of the company in order of their redemption causes transfer of shareholder’s right to take up new shares in the increased capital onto the company.

Resolution of 25 November 2010 (reference symbol of files III CZP 89/10).
Filing a motion for an order of the debtor to disclose its assets (article 913 and the following ones of CCP) does not discontinue the course of limitation of the claim established by a final court decision.


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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