2010 May

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 7 Judges of Supreme Court of 18 May 2010 (reference symbol of files III CZP 134/09).
In the case of the removal of inconsistencies between the legal status of the property disclosed in the land register and the actual state of affair the court is bound by the statement of claim.

Resolution of 7 May 2010 (reference symbol of files III CZP 34/10).
On the division of joint property after the termination of community of property between spouses, the court decides on the claim stipulated in article 231 c.c. in the final decision. If warranted by circumstances the court may issue a partial or preliminary resolution, Whether a claim under article 231 c.c. should be included, or award a reasonable amount as reimbursement of costs - consisting of elevation of the building - made from common property to personal property of either spouse is warranted by the circumstances.

Resolution of 7 May 2010 (reference symbol of files III CZP 26/10).
Monetary fee paid on the principles laid down in article 18, paragraph 1, point 1 of the Act of 17 December 1974 about the pay of soldiers (uniform text: OJ of 2002 No. 76 item 693) will not be refunded under the provisions of unjust enrichment in case of annulment of the decision to terminate professional military service against the soldier who received this receivable.

Resolution of 7 May 2010 (reference symbol of files III CZP 18/10).
The Bank is authorized to issue an enforcement order against the heirs of the debtor who is a person mentioned in article 97 paragraph 1 of the Act of 29August, 1997 - Banking Law (uniform text.: OJ of 2002 No. 72, item 665 as amended). Such a banking enforcement order can be attributed the judicial declaration of enforceability.

Resolution of 7 May 2010 (reference symbol of files III CZP 18/10).
Relief of tax lien is issued on the basis of administrative enforcement order against a taxpayer also in the case when the owner of this item is not taxable person.


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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