2007 October

Resolution of Civil Law Division of the Supreme Court dated on the 26th October 2007 (reference symbol of files III CZP 30/07)
Usage of somebody else’s real estate by the State Treasury gained during serving public dominion can be independent ownership which leads to the acquisitive prescription. However the acquisitive prescription period cannot start until the owner is able to recover the real estate efficiently. (art. 121 point 4 in connection with art. 175 of the civil code)

Resolution dated on 23rd October 2007 (reference symbol of files III CZP 91/07)
1.Claim secured by the mortgage is in the insolvency proceedings taken into account on the list of mortgage from the office also when the owner is not a personal creditor of the insolvent. 2.Interest form claim secured by the mortgage is also satisfied from the mortgage itself for the period of two years before transfer of this right to the buyer

Resolution dated on 23rd October 2007 (reference symbol of files III CZP 89/07)
Regulation of art. 35 in connection with art 493 of the bankruptcy law does not exclude applying art. 200 § 3 of the Civil Code.

Resolution of 7 judges of Supreme Court dated on 9th October 2007 reference symbol of files III CZP 46/07)
With reference to settlement of the legal status of the real estate – disclosed in the mortgage register on the basis of the final administrative decision made according to the art 18 resolution 1 in connection with art. 5 resolution 1, law dated on 10th May1990. – Regulations introducing the regulation about local government and its employees (Dz.U. Nr 32, pos 191with all the changes) – with the real legal status, court is bound with such a decision.

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