2012 May

Resolution of 7 Judges of Supreme Court of 24 May 2012 (file number III CZP 77/11)

Delegation of a judge by the President of the Appeal Court - on the basis of Article 77 § 8 and 9 of the Act of 27 July 2001 - Law on Common Courts (Journal of Laws No. 98, pos. 1070, as amended.) - to perform the duties in another court does not authorize the judge to give, after the period of delegation, the verdict issued with his participation.

Resolution of 23 May 2012 (file number III CZP 21/12)

The court’s order for the joint hearing of the case for determination of the whereabouts of a child with the case of limitation of parental authority is not admissible.

Resolution of 23 May 2012 (file number III CZP 18/12)

Having heard an objection to a judgment by default which was overruled, in whole or in part, the proceedings pending as the result of a complaint against an order on the cost of the proceedings included in this judgment shall be discontinued.

Resolution of 23 May 2012 (file number III CZP 17/12)

Provision of the Article 49  paragraph 7 of the Act of 29 August 1997 on Court Executive Officers and Enforcement (Uniformed text: Journal of Laws 2011, No. 231, pos. 1376) in the wording of the Act of 12 February 2010 on amending the Act on Court Executive Officers and Enforcement (Journal of Laws No. 40, pos. 228) is - regardless of the date of initiation of enforcement proceedings - the basis for the request for a reduction in the relative amount of the fee collected by the court executive officer in cases of execution of cash benefits under Article 49 paragraph. 1 or 2.

Resolution of 23 May 2012 (file number III CZP 16/12)

Basing an adverse claim on the plea of payment of consideration (Article 840 § 1 point 2 of the Code of Civil Proceedings) is permitted only if this plea – due to the prohibition established by law - could not be recognized in a case in which the enforcement order was issued.

Resolution of 23 May 2012 (file number III CZP 11/12)

If the court finds that the complaint against a bailiff’s actions indicates the infringements which would justify taking action under Article 759 § 2, ​​does not reject it due to the reasons set out in Article 767 of Code of Civil Proceedings.

Resolution of 23 May 2012 (file number III CZP 9/12)

  1. An appeal, lodged by electronic means is acceptable only if a specific provision provides for such a possibility (Article 125 § 3 of the Code of Civil Proceedings).
  2. A printout of unacceptable instrument of appeal filed by electronic means may be treated as an appeal not filed in this way, if a shortage of signature is removed (Article 130 § 1 in conjunction with Article 126 § 1 point 4 of the Code of Civil Proceedings), in this case the date of bringing the measure to the court is a date of making a printout (Article 130 § 3 of the Code of civil Procedure).

Resolution of 16 May 2012 (file number III CZP 20/12)

Transfer of a farm to a successor (successors) under Article 50 of the Act of 14 December 1982 on Social Insurance for individual farmers and their family members (uniformed text Journal of Laws 1989, No. 24, item. 133 as amended) was possible under more than one contract however, the entire farm had to be transferred.

Resolution of 16 May 2012 (file number III CZP 15/12)

Article 11d of the Act of 30 November 1995 on State aid in the repayment of certain mortgage loans, granting guarantee premiums and refunding banks guarantee premiums paid, as amended by the Act amending the act on Housing Cooperatives and other laws of 18 December 2009 (Journal of Laws No. 233, item in 1779) is not an independent basis for the transformation of co-operative tenants' rights to the property to the property ownership right.

Resolution of 23 May 2012 (file number III CZP 21/12)

Compensation vested to a landlord of a premises under Article 18 paragraph 5 of the Act of 21 June 2001 on the Protection of Tenants' Rights, municipal housing stock and amending the Civil Code (i.e. Journal of Laws of 2005, No. 31, item 266 as amended.) may include charges related to use of premises.

Resolution of 7 Judges of 10 May 2012 (file number III CZP 84/11)

Meeting of representatives of members of housing cooperative, which did not fulfill the obligations within the period provided for in Article 9 of the Act of 14 June 2007 amending the Act on Housing Cooperatives and some other acts (Journal of Laws No. 125 item 873 as amended.) remained a body of a housing cooperative under the current statute of the housing cooperative.


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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