2013 September

Date of judgment 4 September 2013. (III CZP 26/13, the resolution composition of 7 judges)

Is the debt acquired by way of a transfer by the debtor bankrupt, against which declared bankruptcy involving liquidation of its assets, within and subject to the condition as referred to in Art. 94 paragraph. 1 in fine of Law Bankruptcy and Reorganization dated 28 February 2003 (the unit. Text Journal of Laws of 2009. No. 175, item. 1361, as amended. D.), Is such that a debtor may effectively deduct the debt claim each fallen, and if so, whether his statement made before the bankruptcy will have the effect as referred to in § 2, Art. 498 of the Civil Code?

Statement of deduction made before bankruptcy, liquidation of assets of the bankrupt, by his debtor, who has acquired a claim made by a transfer in the year prior to the date of declaration of bankruptcy, knowing of the existence of grounds for bankruptcy, does not result in cancellation of debt.

Date of judgment 11 September 2013. (III CZP 35/13, judgment)

The landowner may request from the General Directorate for National Roads and Motorways, that it bought from the remaining part of the plot after the expropriation only if he can not use it due to the disconnection of part of the land needed for the construction of the road.

Date of judgment 11 September 2013. (III CZP 47/2013, resolution)

Removal from the register of the National Court Register, a joint stock company of the debtor does not exclude the protection of its creditors on the basis of Art. 527 et seq. the Civil Code

Date of the decision: September 12, 2013. (IV CSK 87/13, judgment)

Contribute to the injury reduces the damages not only to the victim, but also affected indirectly.

Date of judgment 18 September 2013. (III CZP 13/13, the resolution composition of 7 judges)

The court ruling annulling the law contrary to the resolution of the shareholders of a limited company or a resolution of the general meeting of joint stock company is a constituent.

Resolutions of the management board and the audit committee of the company with limited liability and the resolution of the management board and the supervisory board of the joint stock company shall be subject to appeal in an action to establish (Art. 189 of the Code in connection with Art. 58 of the Civil Code).

Date of judgment 18 September 2013. (V CSK 436/12, judgment)

Entrepreneurs can in contracts for works to exclude a raise, because of the difficulties in the market, the remuneration for the work performed.


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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