2009 March

Resolution of 19 March 2009 (reference symbol of files III CZP 5/09).
In order to issue an enforcement clause on the basis of article 788 § 1 of Civil Code Procedure in favor of a person who obtained a liability with enforcement title from a receiver, it is necessary to submit a permit stipulated in article 131 § 1 item 5 and art. 140 of the regulation of President of Poland dated on 24 October 1934 – Bankruptcy Law (Journal of Law of 1991, No 118, item512 with later amendments.).

Resolution of 5 March 2009 (reference symbol of files III CZP 3/09).
Enforcement title issued by a court against a debtor followed by the debtor’s bankruptcy, is still valid as far as the liability stipulated by this title was put on legally valid list of receivables prepared during the bankruptcy proceeding.

Resolution of 5 March 2009 (reference symbol of files III CZP 4/09).

  1. Provision of article 788 § 1 of Civil Code Procedure is applicable also when a right with enforcement title was transferred onto other person after the enforcement proceeding began.
  2. Provision of article 192 article 3 of Civil Code Procedure is not applicable in enforcement proceeding.

Resolution of 20 March 2009 (reference symbol of files I PZP 8/08)
In the court case concerning the labor law in the first instance, the court consisting of one judge as a presiding judge and two jurors (article 47 § 2 item 1 clause a of Code of Civil Procedure) can hear in one proceeding a couple of claims altogether enforced by a claimant (article 191 and 193 § 1 of Code of Civil Procedure) even if only one of the claims should be heard in such a way.


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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