2010 October

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 22 October 2010 (reference symbol of files III CZP 77/10).
The housing cooperative board, on the basis of article 42 paragraph 2 of Act of 15 December 2000 on housing cooperative (uniformed text: Journal of Law of 2003 No 119, pos. 1116 as amended) is not entitled to adopt a resolution amending a resolution specifying the subject of separate ownership of all premises and shares of residential owners in a common property. If there is a valid resolution of the board of housing cooperative determining the amount of shares in the common property, there is no obstacle to the establishment of separate ownership, even if, on the basis of an amending resolution passed by the board, which is invalid, shares in the wrong amount in common property have already been entered in the land register.

Resolution of 22 October 2010 (reference symbol of files III CZP 69/10).
Agreement of sale of perpetual use of land and ownership of buildings erected on the land concluded between a capital company and its proxy as the buyer, in which the sales price has been substantially understated, is different but similar agreement within the meaning of article 15 § 1 of the Code of Commercial Companies.

Resolution of 22 October 2010 (reference symbol of files III CZP 76/10).
The nearest member of the family of the deceased under Article 448 Civil Code in conjunction with article 24 § 1 of the Civil Code is entitled to cash compensation for the injury, if the death occurred as a result of tort, which took place before 3 August 2008.

Resolution of 14 October 2010 (reference symbol of files III CZP 63/10).
On the decision of the judge - commissioner, issued as a result of the objection to the list of receivables, the complaint on behalf of insolvent limited liability company may be brought by the board members in accordance with the principles of representation binding in the company.


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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