2013 May

Date of the decision: May 15, 2013 (ref. No. III CZP 20/13)

1. Whether an exemption from court costs awarded the hallmark of proceedings pursuant to Art. 771 k.p.c. also extends to the fixed fee payable by the creditor in respect of non-cash benefits for levy of execution as referred to in Art. Paragraph 49a. 1 u.k.s.e .;
2. if so, what the entity is required to temporarily incur this fee in place it is exempt from creditor?

Exemption from court costs awarded to the claimant in the enforcement procedure involves a fixed fee provided for in Art. Paragraph 49a. 1 of the Act of 29 August 1997. On Bailiffs and Enforcement (consolidated text. Journal of Laws of 2011. No. 231, item. 1376, as amended.). This fee is charged to the Treasury temporarily - the district court, which boasts a bailiff.

Date of the decision: May 15, 2013 (ref. No. III CZP 91/12)

Is the remedy, which is made by proxy solicitor (lawyer), addressed to the wrong court to his diagnosis, is rejected?

Resolution composition of 7 judges of the Supreme Court of 15 May 2013.

Wrong court seized of the complaint, to the recognition of the competent court (Art. 200 § 1 in conjunction with Art. 391 § 1 and Art. 397 § 2 of the Code of Civil Procedure).

Date of judgment 22 May 2013 (ref. No. III CZP 17/13)

Is the attorney representing the party legal action contained in the form of a notarial deed, which in substance disclosed includes the transfer of the land register, can successfully submit an application for registration of ownership of the land register on the basis of Art. 92 § 4 of the Act of 14 February 1991. - Law on Notaries (consolidated text .: Journal of Laws of 2008. No. 189, item. 1158, as amended. D.), If it does not meet the requirements of Art. 87 § 1 of the Code of Civil Procedure, or whether it is necessary to separate the principal activity?

Plenipotentiary procedural matters to be registered in the land register can only be a person meeting the requirements laid down in Art. 87 of the Code, even if the application for entry was posted by a notary in the notary deed on the basis of Art. 92 § 4 of the Act of 14 February 1991. - Law on Notaries (the unit. Text: Journal of Laws of 2008. No. 189, item. 1158, as amended.).

Date of judgment 22 May 2013 (ref. No. III CZP 18/13)

1. Is the transmission easement regulated in Art. 305 [1] to 305 [4] of the Civil Code is a special type of easement?
2. and if the answer to the first question - Is before settling in Art. 305 [1] to 305 [4] of the Civil Code was permissible transmission easement acquisition through prescription easement easement corresponding transfer to the company?
And 3. If the answer to the second question - Is the period of ownership of real estate by the company to the extent of transmission easement before its regulation in Art. 305 [1] to 305 [4] shall be credited to the holding period required for the prescription?

1. Prior to the entry into force of the art. 305 [1] - 305 [4] of the Civil Code was acceptable acquisition through prescription to the trader easement corresponding to the contents of transmission easement.

2. The period of the occurrence of the facts on the property corresponding to the transmission easement prior to the entry into force of the art. 305 [1] - 305 [4] of the Civil Code subject to the count of time holding a prescription required for the easement.

Date of judgment 22 May 2013 (ref. No. III CZP 19/13)

Is entitled to appeal against the decision of the court of first instance decisive action against the decision of the bailiff on the diagnosis application for additional description and evaluation of the property filed under Art. 951 k.p.c.?

On the decision to dismiss the complaint on the bailiff, consisting in rejecting the request for an additional description and estimate (art. 951 CCP) not be appealed against.

Date of judgment 22 May 2013 (ref. No. III CZP 28/13)

Are you allowed to appeal against the decision of the court of first instance dismissing the complaint against the bailiff involving the release order rejecting the application of the debtor or creditor for an additional description and evaluation of the property in accordance with art. 951 k.p.c.?

On the decision to dismiss the complaint on the bailiff, consisting in rejecting the request for an additional description and estimate (art. 951 CCP) not be appealed against.


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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