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• Sale of real estate under threat of execution

  16-04-2012

  A debtor can be guilty of hindering enforcement of a court order even when the order does not exist yet.

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• Compliance of the French procédure de sauvegarde with Polish public policy

  02-04-2012

  The Supreme Court of Poland held that recognition of French procédure de sauvegarde in Poland – one of the proceedings to which Regulation No. 1346/2000 applies – leads to a result that is consistent with Polish public policy.

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• Company not criminally liable for an offence by the management board

  07-11-2011

  A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.

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• What should a bailiff enclose with a motion ...

  10-06-2009

  ... to make an entry in the land and mortgage register that execution has commenced against the real estate?

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• Theses of most recent Supreme Court rulings

  26-03-2009

  “When reviewing a complaint against an order from a court chairman calling on parties to supplement a lawsuit fee, the propriety of a court declaration on lack of basis to issue a payment order in proceedings by writ of payment is not subject to analysis”

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• A partial suit and interruption of the statute of limitations – new binding principle since 5 February 2005

  26-03-2009

  Until 5 February 2005, the statute of limitations for all creditor claims against members of a limited liability company management board was also interrupted by the filing in court of a partial lawsuit including a demand to award only ...

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• Refusal to restore a deadline for filing opposition to an order for payment must be preceded by a court session

  26-03-2009

  A court issues an order for payment in a closed session in proceedings by writ of payment for a lesser value. However, a motion to restore a deadline for filing opposition to such order can only be rejected in the wake of a court session.

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• An advocate or legal advisor acting as a subsequent attorney cannot authenticate a copy of a basic power of attorney

  26-03-2009

  An advocate or legal advisor substituting for a colleague in proceedings cannot authenticate a copy of his power of attorney.

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• Confirmation by a professional attorney of facts cited by an opposing party is effective

  25-03-2009

  A declaration from a professional attorney may substitute a statement from a party in civil proceedings. Admission by him of facts cited by the opponent is a procedural action.

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• Real estate returned to a bankruptcy estate together with a mortgage upon recognition of a sale as ineffective

  25-03-2009

  If a court finds that the legal action of selling real estate is ineffective in relation to a bankruptcy estate (art. 527 of the Civil Code, CC), the encumbrance of real estate with a mortgage established after the date of such sale remains in force.

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