Przegląd orzecznictwa Sądu Najwyższego
Overview of the decisions of the Polish Supreme Court

Summary/Abstract: The Judgment of the Polish Supreme Court of April 13, 2023 (case file no. III CZP 125/22) is of particular importance for legal practice. The Court indicated that a claim for a legitime does not pass to the heir of the person entitled to the legitime if they do not belong to the group of persons entitled to a legitime after the first testator (Article 1002 of the Civil Code). In the Judgment of March 15, 2023 (case file no. II CSKP 1835/22), the Polish Supreme Court stated that the joint intention of the parties should be understood as the agreed factual and legal elements shaping the essential provisions of the contract. The contractual objective is the broadest socio-economic objective of the individualized agreement. Moreover, in the Resolution of February 22, 2023 (case file no. III KK 13/22), the Polish Supreme Court decided that an electric scooter equipped with an engine with parameters similar to the power of an electrically assisted bicycle engine, which retains all the normal characteristics of construction, enabling its normal operation as a scooter, i.e. moving by pushing off with the leg, is not a motor vehicle within the meaning of the provisions of the Polish Penal Code.

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