2011 February

Resolution of 17 February 2011 (reference symbol of files III CZP 133/10).
Pursuant to Article 17 Paragraph 3a item 2 of the Act of 7 September 1991 on the education system (Uniformed Text: OJ 2004 No 256, item 2572, as amended.) municipality is obliged to ensure the severely handicapped child fulfilling the obligation school by participation in rehabilitation and educational activities, free transport and care during transport to an appropriate rehabilitation center selected by parents. If transportation and care are organized by parents, the obligation of the municipality includes the reimbursement of travel costs of the student and the guardian to the rehabilitation center. The above obligations are not repealed if the municipality provides transport and care to another facility of the same type.

Resolution of 17 February 2011 (reference symbol of files III CZP 121/10).
Right to ownership of land referred to in article 2 paragraph 1 point e of PKWN Decree of 6 September 1944 on Agrarian Reform (OJ No. 4, pos 17) was transferred onto the State Treasury by virtue of law upon the day of entry into force of this Decree.

Resolution of 17 February 2011 (reference symbol of files III CZP 129/10).
Board member of limited liability company sued under article 299 § 1 of the Code of Commercial Companies can defend itself using allegation that the claim under the enforcement title has been extinguished as a result of deductions from the plaintiff's claim, made after the formation of this title.

Resolution of 7 Supreme Court judges of 15 February 2011 (reference symbol of files III CZP 90/10).
Warranty of public faith of land registry protects the purchaser of perpetual use also in case of a faulty entry in the register of the State Treasury or local government as property owner.

Resolution of 9 February 2011 (reference symbol of files III CZP 130/10).
Partner of civil company is not entitled to pursue the claims forming part of the joint property of the company's shareholders.

Resolution of 2 February 2011 (reference symbol of files III CZP 128/10).
The payment by the insurance company - after the enforcement clause obliging it to comply with the provision of an interim compensation - monetary amount corresponding to the amount of guarantee stated in the insurance agreement, may give rise to a claim for deprivation of the feasibility of an enforcement clause (Article 840 § 1, paragraph 2 of the CCP as read with. article 824 § 1 CC).

Resolution of 7 Supreme Court judges of 1 February 2011 (reference symbol of files III CZP 78/10).
Curator of an estate has a passive card in a case for the determination of the purchase by the State Treasury - under the decree of 8 March 1946 on the abandoned and former German estates (OJ No. 13, pos. 87, as amended.) - ownership of property forming part of the inheritance.


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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