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

Summary/Abstract: The resolution of seven judges of the Polish Supreme Court passed on September 2, 2019 (court case file no. III CZP 99/18) has a certain significance to performing legal practice and activities. The resolution regards the ambiguity and interpretation differences in the subject of expenses incurred by victims or transferees (entrepreneurs professionally involved in obtaining compensation claims from victims) for the preparation of a private expert opinion during post-accident settlement process (pre-trial proceedings). The Supreme Court assumes that the victims and the transferees have a claim to reimburse expenses incurred for the preparation of a private opinion of an expert (an expertise) from the civil liability insurance company if its preparation was necessary for the effective recovery of damages. It is also worth noting that the resolution of seven judges of the Polish Supreme Court passed on November 20, 2019 (court case file no. III CZP 3/19), in which it indicated that it is not allowed to impose a contractual penalty in the situation of withdrawal from the contract due to non-performance of a pecuniary obligation.

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