2008 January

Resolution dated on 17th January 2008 (reference symbol of files III CZP 126/07).
Failing to attach the necessary document that states full powers of the organs of the legal entity who gives the power of attorney to the appeal to the order of payment brought in by the attorney at law in the economic affairs, justifies the rejection of the appeal.(art. 479 (8a)§ 5 -civil code.).

Resolution of the 7 judges of the Supreme Court dated on 31st January 2008 (reference symbol of files III CZP 49/07).
Court of Appeal dealing with the matter as a result of the appeal is not bonded by the charges connected with the breach of material law; the Court is bonded by the charges connected with the breach of the proceeding law. However within the limits of the accusation the court takes into consideration nullity of the proceedings.

This resolution got the power of principle of law.Resolution dated on 30th January 2008 (reference symbol of files III CZP 134/07).

  1. Creditor who before the real estate was seizured got the maximum mortgage stated in written and in the valuation but at the moment of the division does not have the writ of execution takes part in the division of the sum obtained from the execution of this real estate without the necessity of proving the credit secured in this mortgage. The amount due to him is left at the depository bank account of the court, pointing out the reasons for withholding the payment.
  2. refuses to pass a resolution in other areas.

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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