2013 November

The judgment of 21 November 2013 (ref. No. III CZP 65/13) Composition of 3 judges

Whether on the basis of Art. 222 § 2 of the Civil Code housing association will be entitled to a non-dedicated tenant dwelling bring the infringement involving property rights infringement appearance of the facade of the building by restoring the shape and size of the windows to the previous state?

Housing association tenant may request a non-dedicated dwelling restoration shape and size of windows in a building located on the common property.

 

The judgment of 21 November 2013 (file no. III CZP 66/13) Composition of 3 judges

Do bring an action in the electronic proceedings by writ ended then discontinuance of the proceeding pursuant to Art. 505 [37] § 1 sentence. 2 k.p.c. interrupt the limitation period?

Bring an action in the electronic proceedings by writ ended discontinuance of the proceedings on the basis of Art. 505 [37] § 1 k.p.c. interrupt the limitation period.

 

The judgment of 21 November 2013 (file no. III CZP 67/13) Composition of 3 judges

Is there res judicata in a case concerning claimed from the insurance compensation in connection with an accident covered by the insurance contract liability when a final judgment, these claims were rejected due to the lack of legitimacy of the passive, resulting from the inadmissibility of the prior legal redress directly from the insurer?

The gravity judicata decide beyond identity of the parties and the subject of the settlement, the identity of the base of the dispute.

 

The judgment of 22 November 2013 (file no. III CZP 69/13) Composition of 3 judges

Is interrupts prescription within the meaning of Art. 123 § 1 point 1 in connection with Art. 175 of the Civil Code acquisition of property through auction sales activity in enforcement proceedings, pursuant to art. 999 § 1 k.p.c. and release the property to the purchaser by the debtor enforced?

The period of prescription of real estate, in respect of which has been initiated judicial enforcement of cash benefits, interrupts the execution of the seizure of the property.

 

The judgment of 22 November 2013 (file no. III CZP 72/13) Composition of 3 judges

In the light of the legal norm contained in Art. 120 § 1 of the Civil Code the period of limitation claims for damages due to improper performance of an obligation (Art. 471 of the Civil Code) begins to run from the date of performance of the obligation or the date of the occurrence of the damage or from the creditor to find out about the damage?

The limitation period for claims for damages for non-performance or improper performance of obligations (Art. 471 of the Civil Code) begins to run from the date of the damage left in the causal connection with the event (Art. 120 § 1 of the Civil Code).

 

The judgment of 22 November 2013 (file no. III CZP 76/13) Composition of 3 judges

In the light of Art. 36 paragraph. 1 of the Act of 22 May 2003. On compulsory insurance, Insurance Guarantee Fund and Polish Motor Insurers' Bureau (Journal of Laws No. 124, item. 1152, as amended.), And Art. 361 of the Civil Code be eligible for compensation under the warranty responsibility under the contract of compulsory liability insurance of motor vehicles incurred by the victim, the cost of hiring a replacement vehicle for the period attributable to the day following the date of payment of compensation by the insurer and the date of the acquisition of another motor vehicle in place of a damaged when said compensation fixed is equivalent to the difference between the value of the motor vehicle prior to the event causing the damage, and the value of the vehicle in a damaged condition, as vehicle repair was impossible or uneconomic (ie. total loss)?

The liability of the insurer under the contract of compulsory liability insurance of motor vehicles includes the intentional and economically reasonable expenses for the rental of a replacement vehicle incurred by the victim during the time necessary to acquire any motorized vehicle, if the compensation is equal to the difference between the value of the motor vehicle prior to the event causing damage, and the value of the damaged vehicle in which repair was impossible or uneconomic (ie. total loss).


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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