2010 September

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 23 September 2010 (reference symbol of files III CZP 54/10).
On the basis of article 276 Commercial Companies Code court may appoint a liquidator of limited liability company even if it is not connected with the dismissing current liquidator.

Resolution of 23 September 2010 (reference symbol of files III CZP 62/10).
Entry in a Land and Mortgage Register a right of property of State Treasury that indicates – as permanent manager - a particular organizational unit of State Treasury without legal personality may be appealed brought by State Treasury represented by other organizational unit based on a charge that the management belongs to this unit.

Resolution of 23 September 2010 (reference symbol of files III CZP 51/10).
Acting on the basis of article 691 § 1 of Civil code it is not possible to enter into a lease agreement of a social premises referred to in Act of 21 June 2001 on protection of tenants’ rights, municipal housing stock and change of Civil Code (uniform text OJ 0f 2005 no 31, pos. 266 as amended).

Resolution of 23 September 2010 (reference symbol of files III CZP 52/10).
Agreement of mandate on rendering, on the regular basis, legal service of Mandator, including court representation may constitute the basis for power of attorney for a lawsuit only if the subject matter of the case concerns a legal or actual action or a service stipulated in the agreement.

Resolution of 23 September 2010 (reference symbol of files III CZP 57/10).
Dispute concerning lack of contractual legal relationship due to invalidity of an agreement may be submitted by the parties to court of arbitration (article 1157 Code of Civil Procedure).

Resolution of 16 September 2010 (reference symbol of files 56/10).
Bankruptcy trustee of joint-stock company is entitled to collect from shareholders supplementing payments for share capital coverage of which the payment deadline has not expired before the day of bankruptcy including the liquidation of assets of joint-stock company and the shareholders were not call on to supplement contribution by the liquidators in accordance with article 471 of Commercial Companies Code.

Resolution of 16 September 2010 (reference symbol of files III CZP 61/10).
Court executive officer for execution of a couple of movables conducted on the basis of one enforcement title charges one fixed fee (article 50 of Act of 29 August 1997 on court executive officers and execution, OJ of 2006 no. 167, pos. 1191 as amended).

Resolution of 16 September 2010 (reference symbol of files III CZP 44/10).
Claim of a entrepreneur who conducts a limited liability company for a remuneration for non-contractual usage of his property by other subject expires in a time limit of three years.

Resolution of 16 September 2010 (reference symbol of files III CZP 50/10).
A right to a lease of a property seized during execution may be entered to the III section of land and mortgage register if the lease agreement or its part was concluded after fulfilling the conditions stipulated in article 936, sentence 3 in connection with article 935 § 3 of Code of Civil Procedure.


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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