2013 March

Date of the decision: March 8, 2013 (ref. No. III CZP 1/13)

1. Is redemption of enforcement proceedings at the request of the creditor (art. 825 point 1 of the Code), according to the results of art. 826 k.p.c. repeal of the provisions of the bailiff to grant the debtor to the creditor of attorneys' fees in the execution, issued in the course of the case ?;

2. Is the provision providing for the bailiff to the creditor the costs of legal representation of the debtor and aggravating them published in the proceedings, then redeemed at the request of the creditor, in respect of which the bailiff said legitimacy (art. 365 § 1 of the Code of Civil Procedure in conjunction. With Art. 13 § 2 kpc), involves another bailiff, and in the case of a positive answer, or is the basis for initiating a separate enforcement proceedings, or should be enforced in enforcement proceedings initiated again under the same title, which formed the basis originally initiated execution?

1. Redemption of enforcement proceedings at the request of the creditor will repeal issued in the course of the decision to grant the creditor of the debtor's legal representation costs (art. 826 CCP).

2. The bailiff is not entitled to examine the justification for the creditor title, referred to in Art. 770 [1] k.p.c.

The Supreme Court refused to respond to the remainder.

Date of the decision: March 8, 2013 (ref. No. III CZP 109/13)

1. Is Art. 49 paragraph. 2 of the Act of 29 August 1997. On Bailiffs and Enforcement (ie. OJ 2011 No. 231, item. 1376, as amended. D.) Is applicable in the case of cancellation of the enforcement proceedings at the request of the creditor, when the underlying execution order for payment in the writ proceedings expired after the initiation and execution of the creditor before submitting a request for discontinuance of the proceedings ?,

2. If the answer is positive, and in the situation described in section 1 there are grounds to charge the relative cost due to the creditor within the meaning of Article intentional. 49 paragraph. 4 of the Act of 29 August 1997. On Bailiffs and Enforcement (ie. OJ 2011 No. 231, item. 1376, as amended. D.) To initiate enforcement proceedings?

Article 49 paragraph. 2 of the Act of 29 August 1997. On Bailiffs and Enforcement (the unit. Text: Journal of Laws of 2001. No. 231, item. 1376, as amended.) Also applies in the case of redemption of enforcement proceedings at the request of the creditor in the event of when the underlying execution order for payment in the writ proceedings expired after the commencement of enforcement proceedings;

The Supreme Court refused to adopt a resolution to the remainder.

Date of judgment 19 March 2013 (ref. No. III CZP 88/12)

Whether, if the personal use by one of the co-owners of the things common or part thereof in a manner contrary to the Article. 206 of the Civil Code the other joint owners are entitled to a claim against him for settlement obtained in this way, the benefits of property rights, and if so, which provisions of the second book of the Civil Code are the foundation?

Co-owner may claim from the other co-owners, using the common things in violation of Art. 206 of the Civil Code in a way that excludes the community, the remuneration for the use of the things on the basis of Art. 224 § 2 or Art. 225 of the Civil Code

Date of judgment 21 March 2013 (ref. No. III CZP 8/13)

1. Is important purchase agreement - in the framework of exchange - the shares only in certain plots of land which, along with other parcels, not under contract, a plot of land in a situation where co-owners involved in the real estate contract made at the same time a request for allocation of land and mortgage real estate?
and in the case of a positive answer to this question
2. Does the minority co-owners of the property have an independent right, based on the wording of Article. 21 of the Law on Land and Mortgage, to make the land and mortgage division of property?

Swap agreement is invalid shares only in certain plots of land which, together with other property parcels covered by the land register.


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
OK
Korzystanie z tej witryny oznacza wyrażenie zgody na wykorzystanie plików cookies. Więcej informacji możesz znaleźć w naszej Polityce Prywatności.