2009 August

Resolution of 19 August 2009 (reference symbol of files III CZP 58/09).
On the basis of article 18 subparagraph 5 of the Act of 16 April 1993 about combating the unfair competition (uniform text Journal of Law 2003 No 153, item 1503 with all later amendments) the party can, irrespectively of other claims arising out of the contract, pursue the illegally received benefits due to collection other than trade margin fees for accepting the goods to sale.

Resolution of 19 August 2009 (reference symbol of files III CZP 56/09).
In the suit brought by Military Housing Agency to stipulate the damages on the basis of article 45 subparagraph 3 Act of 22 June 1995 about the lodging of the Military Forces of Republic of Poland (uniform text Journal of Law 2005 No 41, pos. 398 with all later amendments) commune does not have capacity to be sued.

Resolution of 19 August 2009 (reference symbol of files III CZP 53/09).
Right to ownership of the real-estate obtained during statutory community in accordance to the Act of 4 September 1997 about transforming perpetual usufruct of natural persons into ownership right (Journal of Law No 123, item 781) constitutes separate property of the spouse who was entitled to perpetual usufruct and ownership right to the buildings built on this land before the statutory community (article 33, subparagraph 3 of Family and Guardianship Code in the wording binding till 20 January 2005).

Resolution of 19 August 2009 (reference symbol of files III CZP 46/09).
Decision about termination of bankruptcy proceedings issued after satisfying all the creditors by the debtor does not constitute the basis for a debtor to be removed from the insolvent debtor registry.


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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