2009 May

Resolution of 7 May 2009 (reference symbol of files III CZP 18/09).
Assignment of claims for damages for administrative decision issued with the breaching of the law concerning refusal of perpetual lease establishment or rights to build to the joint owner of the land is permissible.

Resolution of 7 May 2009 (reference symbol of files III CZP 12/09).
In two-member Management Board of limited liability company in which joint-representation is binding, one member alone on behalf of other member can lodge a grievance regarding company’s bankruptcy filed for the motion of the other member on behalf of the company.

Resolution of 7 judges of 13 May 2009 (reference symbol of files I UZP 4/09).
Ineffectiveness of enforcement proceedings of assets and liabilities of the limited liability company referred to in article 116 § 1 Act of 29 August 1997 – Tax Law (uniformed text: Journal of Law of 2005 No. 8, item 60 with all later amendments) read with article 31 Act of 13 October 1998 about the social insurance system (uniformed text: Journal of Law of 2007 No. 11, item 74 with all later amendments), can be declared only in the enforcement proceeding of receivables due to social insurance contributions, preceding the decision about member’s responsibility for the receivables hereto.

Resolution of 22 May 2009 (reference symbol of files III CZP 21/09).
Life annuity agreement concluded under the apparent real property sale contract in the form of the notarial deed is null and void if vital provisions of the life annuity agreement do not have the special form.

Resolution of 22 May 2009 (reference symbol of files III CZP 24/09).
Judge-Commissioner’s decision issued on the basis of article 75 Act 2 of 28 February 2003 – Bankruptcy and Reorganization Law (Journal of Law No. 60, item 535 with all later amendments) is not en enforcement title due to the obligation to empty and release the apartment by the bankrupt or his/her relatives where they were living in the moment of declaring the bankruptcy and which constitutes a component of the bankruptcy estate.

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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