The Gloss on the Judgment of the Supreme Court of 25 January 2017 (Court File No. IV CSK 205/16) Cover Image

Glosa krytyczna do wyroku Sądu Najwyższego z 25 stycznia 2017 r. (sygn. akt IV CSK 205/16)
The Gloss on the Judgment of the Supreme Court of 25 January 2017 (Court File No. IV CSK 205/16)

Author(s): Elwira Marszałkowska-Krześ
Subject(s): Constitutional Law
Published by: Krajowa Izba Radców Prawnych
Keywords: substantive validity; partial proceedings; establishment of facts; assessment of evidence; reprivatization claim

Summary/Abstract: While trying cessation appeals, the Supreme Court may not call into question the facts established by the lower courts or the assessment of the evidence. In addition, a final judgement issued in so-called partial proceedings is binding on the courts in further proceedings. Finally, a demand for the return of real property that has been disposed of by way of a civil-law agreement does not constitute a reprivatization claim.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 67-84
  • Page Count: 18
  • Language: Polish