2014 February

The judgment of 7 February 2014 (ref. No. III CZP 111/13) Composition of 3 judges

Do kognicja court case settlement due to an objection, as referred to in Art. 80 of the Act of 21 August 1997. On real estate management (consolidated text. Journal of Laws of 2010., No. 102, item. 651) is limited to assessing the merits of updating annual fees for perpetual use, by the competent authority ( Art. 78 paragraph. 1 of the Act), or the merits of the application for a perpetual usufructuary such updates (Art. 81 paragraph. 1 of the Act), or the court, after a 3-year term of art. 77 paragraph. 1 sentence. 1 of the Act, is required to determine the amount of such fees office for the entire duration of the procedure, caused by the application, as referred to in Art. 78 paragraph. 2 of the Act, with the following changes in the time value of the property?

Supreme Court resolution dated 7 February 2014.

In case initiated on the basis of an application referred to in Art. 78 paragraph. 2 of the Act of 21 August 1997. About the real estate (the unit. Text: Journal of Laws of 2010. No. 102, item. 651, as amended.), The court recognizes the updating of the annual fee due to the termination of its current level by owner property and determines the amount of fees to be paid in force from 1 January of the year following the withdrawal.

 

The judgment of 7 February 2014 (ref. No. III CZP 90/13) Composition of 3 judges

Is a five-day term from Art. Paragraph 182. 1 point 2 of the Act of 29 January 2004. - Public Procurement Law (Journal of Laws of 2010. No. 113, item. 759, as amended.) To appeal the actions of the contracting authority is terminated on the date of delivery of the appeal in the facility designated postal operator, or the date of delivery of the shipment to the headquarters of the National Board of Appeal in Warsaw?

Supreme Court resolution dated 7 February 2014.

To maintain - as provided for in Art. Paragraph 182. 1 point 2 of the Act of 29 January 2004. - Public Procurement Law (the unit. Text Dz. U. of 2013., Pos. 907 as amended.) - The deadline for appealing the actions of the contracting authority in the contract award procedure is not the importance of the date of making the appeal in Polish post office designated operator within the meaning of the Act of 23 November 2012. - Postal Law in a post office or the provider of the universal postal service in another Member State of the European Union.

 

The judgment of 7 February 2014 (ref. No. III CZP 95/13) Composition of 3 judges

1. Do you write vindication been rendered in a will drawn up before 23. 10. 2011. Apply the provisions of Article. LI Act of April 23, 1964 - Civil Code provisions on when the inheritance was opened after the said date;

2. Does the participant in the proceedings who participated for a declaration of inheritance under a will apply restrictions referred to in the text of Art. 679 § 1 k.p.c. in conjunction. with Art. 679 § 4 k.p.c. the application to amend the provisions of the declaration of inheritance in case you miss the Court in that assess the validity of the procedure contained in the will writing vindication;

while in case of a positive answer to the second question:

3. Is the party to the proceedings may submit an unlimited no conditions for ascertainment purchase the object of the recording of the recovery in the case of the existence of a previously issued Certificate of inheritance, in which this issue has not been assessed?

Supreme Court resolution dated 7 February 2014.

1. If the court for a declaration of inheritance is not stated on the record collection agencies, interested party may apply for a declaration of a separate proposal to purchase the object of the recovery record.

2. The effectiveness of the recovery record shall be evaluated on the basis of the law in force at the time of opening of the inheritance.

 

The judgment of 26 February 2014 (ref. No. III CZP 103/13) Composition of 3 judges

Can a person established by forming a branch of a foreign entrepreneur in Poland, in a branch authorized to represent the foreign (art. 87 of the Act of 2 July 2004 on freedom of economic activity), the data were covered by a branch of the National Court Register, can single-handedly give power of attorney to replace the foreign entrepreneur in cases of claims related to the activities of this department?

Supreme Court resolution of 26 February 2014.

A person authorized in the branch to represent the foreign (art. 87 of the Act of 2 July 2004. On freedom of economic activity - one. Text: Journal of Laws of 2013., Pos. 672 as amended.), The data were subject to the entry of this branch of the National Court Register, may grant a power of attorney to replace the foreign entrepreneur in cases of claims related to the activities of the branch.

The judgment of 26 February 2014 (ref. No. III CZP 110/13) Composition of 3 judges

Whether the debtor occupied by the enforcement authority claims that in connection with the seizure passes sum occupied enforcement authority, is thus relieved of the debt owed to the creditor's claim in the occupied part of the enforcement authority including the amount transferred is also in a situation where the claim against seizure by the previous creditor enforcement authority transferred to a third party claim, which the debtor acquired knowledge after the seizure of the claim by the enforcement authority?

Supreme Court resolution of 26 February 2014.

The debtor occupied claims that in connection with the provision of occupation handed enforcement authority, knowing that before taking the previous creditor shed debt to a third party, do not enjoy the protection provided for in Art. 512 of the Civil Code

The judgment of 26 February 2014 (ref. No. III CZP 112/13) Composition of 3 judges

Is the date of payment of court fee payable via the Polish post office designated operator within the meaning of the Act of 23 November 2012. - Postal Law (Journal of Laws of 2012., No. 1529) - using financial services job to pay cash for a specified bank account - is the day of the payment in cash in the institution, or the day when the bank account maintained for the court?

Supreme Court resolution of 26 February 2014.

Date for payment of court fee to the bank account of the court payable in the form of a cash deposit in the Polish post office designated (Polish Post) the date of acceptance of the payment by the operator.

The judgment of 26 February 2014 (ref. No. III CZP 117/13) Composition of 3 judges

Is on to summon to compromise, in the event the conditions laid down in Art. 186 § 1 of the Code of Civil Procedure, the Court shall determine the remuneration of the opponent agent requesting, pursuant to § 6 of the Regulation of the Minister of Justice of 28 September 2002. On fees for legal advisers and by the Treasury to bear the costs of legal assistance provided by the legal counsel of the office established or § 10 paragraph. 1 point 3 of that regulation?

Supreme Court resolution of 26 February 2014.

In the conciliation proceedings the court shall determine the remuneration proxy based on the minimum rate referred to in § 10. 1 point 3 in connection with § 5 of the Regulation of the Minister of Justice of 28 September 2002. On fees for legal advisers and the Treasury incurring costs of legal assistance provided by the legal counsel of the office established (the unit. Text: Journal of Laws 2013., pos. 490).

The judgment of 26 February 2014 (ref. No. III CZP 119/13) Composition of 3 judges

Whether, if enforceable in whole debt under a writ of execution in the form of an order for payment issued in electronic proceedings by writ, which then lost power as a result of an objection, the trial court should award him still covered by the contested claim, in a situation where at the time of filing a lawsuit lawsuit was reasonable, or dismiss the action?

Supreme Court resolution of 26 February 2014.

If the plaintiff on the defendant's compliance with the provision of the delivery of the petition is not withdrawn a lawsuit, the court dismisses the action.

The judgment of 26 utego 2014 (ref. No. Act III CZP137 / 13) Composition of 3 judges

Indication of whether the plaintiff's case before the hearing on the appeal court data to the court to determine the social security number of the defendant, the proceedings may be suspended?

Supreme Court resolution of 26 February 2014.

Before service of the statement of claim and the start of the trial court may not suspend the proceedings on the basis of Art. 177 § 1 point 6 k.p.c. due to the indication of the plaintiff data to permit numbers referred to in Art. 208 [1] k.p.c. After the start of the hearing, the suspension of proceedings on that basis can only take place when the recovery information to enable the specified number is not possible.


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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