2012 November

Date of judgment 7 November 2012 (ref. No. III CZP 67/12)

In the light of the provision of § 10 paragraph. 1 Regulation of the Minister of Finance dated 24 March 2000. On the general conditions of the compulsory insurance of civil liability of vehicle owners for damages arising out of the use of these vehicles (OJ No. 26, item. 310, as amended.), The insurance company is obliged to to pay compensation for the damage caused to a third party, to which the insured is liable on the basis of Art. 448 of the Civil Code in conjunction. with Art. 24 § 1 of the Civil Code?

Supreme Court resolution dated 7 November 2012.

The provision of § 10 para. 1 Regulation of the Minister of Finance dated 24 March 2000. On general conditions of liability insurance of motor vehicle owners for damages arising out of the use of these vehicles (OJ No. 26, item. 310, as amended.) Did not exclude from the scope of protection insurance compensation for the damage the person against whom the insured liable on the basis of Art. 448 of the Civil Code

Date of judgment 16 November 2012 (ref. No. III CZP 56/12)

Can be rejected allegations the defendant the order for payment due to non-payment of part of the claim without call charges on allegations after the partial dismissal of the request for an exemption from the defendant's legal costs if the letter, which charges being filed proxy solicitor, and an application for exemption from court fees is contained in allegations?

Supreme Court resolution of 16 November 2012.

The provision of Art. Paragraph 112. 3 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.) Also applies in the case of partial rejection of the application for exemption from costs court the allegations contained in the payment order brought by a party represented by an attorney who is an advocate or solicitor.

Date of judgment 16 November 2012 (ref. No. III CZP 61/12)

Does the insurance undertaking is entitled under the provisions of Art. 43 Section 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) in conjunction. with Art. 922 § 1 of the Civil Code the right to seek legal successors of the holder of a motor vehicle reimbursement paid by the undertaking in respect of third party liability insurance indemnity motor vehicle owner, keeper of the vehicle when the driver caused damage to the state after the use of alcohol and died before the payment of compensation by the insurance?

Supreme Court resolution of 16 November 2012.

The insurance company, which has paid compensation in respect of liability insurance of motor vehicle owners for damage caused to the vehicle in the state after the use of alcohol, can not recover from his heirs redress provided for in Art. 43 pts. 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.), If compensation was after the death of the driver of the vehicle.

Date of judgment 28 November 2012 (ref. No. III CZP 66/12)

Is the basis for determining the fees payable to the bailiff enforcement of a pledge is the value of a monetary claim arising from collateral and the application for its implementation, or the value of the property which has actually been provided in the course of the proceedings?

Supreme Court resolution of 28 November 2012.

The basis for the price to pay for the execution of the decision to safeguard the value of a monetary claim specified in the application (Art. 45 paragraph. 1 of the Act of 29 August 1997. Of Bailiffs and Enforcement, unified text: Journal of Laws of 2011. No. 231 item. 1376, as amended.).

Date of judgment 28 November 2012 (ref. No. III CZP 75/12)

Is the president of the district court - as the authority of the Treasury fisci statio - can give a power of attorney effectively - on the basis of Art. 87 § 2 k.p.c. - The judge of that court, to act in enforcement proceedings?

Supreme Court resolution of 28 November 2012.

General court judge may not be representative of the court as an organizational unit of the Treasury (Art. 87 § 2 of the Code of Civil Procedure).


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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