2013 January

Supreme Court resolution of 17 January 2013 (ref. No. III CZP 100/12)

Is for the recognition as ineffective transaction entered into by the debtor to the detriment of creditors takes the necessary participation of the defendant, if the other party to the debtor's legal acts detrimental to creditors made the spouses were remaining in the community of the statutory regime, who as a result of this action received financial gain?

Spouses are partakers of the defendant are necessary if they were a party to the contract of donation made on their behalf by the debtor and the creditor contested (Art. 527 of the Civil Code), and the object of donations came to their property in common.

Resolution composition of 7 judges of the Supreme Court of 17 January 2013 (ref. No. III CZP 57/12)

Is the increase in the share capital of a limited liability company pursuant to Art. 257 § 1 of the Commercial Companies Code, ie without changing the articles of association, can apply only to the creation of new shares?
Is the share capital of a limited liability company, pursuant to Article increased. 257 § 1 of the CCC, must cover all existing shareholders in the ratio laid down in Art. 257 § 3 of the Commercial Companies Code, or the right of priority for existing shareholders may be excluded by resolution to increase the share capital, if the partnership agreement provides otherwise?
The share capital increase based on the existing provisions of the agreement of a limited liability company may be obtained by increasing the nominal value of the shares of existing or establish new, except that the new shares in the increased share capital may be covered only by the shareholders in proportion to their current holdings.

Supreme Court resolution of 17 January 2013 (ref. No. III CZP 97/12)

Whether in cases of entry repurchase right exercised by the Agricultural Property Agency to the Treasury is applicable Art. 94 of the Act of 28.05.2005 r. On court fees in civil matters and as a result the request for entry of the right of repurchase is free from court fees or if you need to charge a fee of this entry, based on the provision of art. 43 paragraph 3 cit. Above, the Act of 28.05.2005 r.?

The application of the Agricultural Property Agency of the entry in the land register of agricultural property repurchase rights, reserved to the State Treasury in the sales contract does not apply Art. 94 of the Act of 28 July 2005. On court costs in civil matters (Journal of Laws of 2010. No. 90, item. 594, as amended.).

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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