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

Summary/Abstract: In the resolution of February 27, 2020 (case file no. III CZP 59/19), the Polish Supreme Court indicated that the failure to ensure that all owners of premises can participate in the voting on a resolution adopted through the individual collection of votes may justify the court’s repeal of a resolution, if it had or could have had an impact on its content. The Supreme Court has taken the stand on the binary perspective presented in the jurisprudence important for lawyers regarding the payment for renting a replacement vehicle. Incurring by the injured party the obligation to pay the rent of a replacement vehicle constitutes damage within the meaning of the Article 361 § 2 of the Polish Civil Code in an incidental relationship during a traffic accident. In addition, in the Resolution of February 27, 2020 (case file no. III CZP 56/19) the Polish Supreme Court indicated that the prosecutor’s action, brought in a case for the determination of the ineffectiveness of recognition of paternity after the birth of a child conceived following a medically assisted procreation procedure using reproductive cells from an anonymous donor, may be dismissed by the court as contrary to the principles of social coexistence.

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