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

Summary/Abstract: The resolution of the Polish Supreme Court of September 11, 2020 (case no. III CZP 88/19) is of utmost importance for legal practices. In it, the Court assumed that should a claim ceased to be obligatory as a result of the postponement of the deadline for performance, its limitation term starts again only at the end of the new deadline. The Supreme Court adopted the above resolution in the Civil Chamber during its open session on September 11, 2020, after resolving the following legal issue: Is it acceptable, under a contractual freedom of contract (per Art. 3531 of the Polish Civil Code), for the parties to deadline of the claim through an agreement after the claim has already become obligatory? Attention should also be paid to the resolution of seven judges of the Polish Supreme Court of September 16, 2020 (case no. III UZP 1/20), in which the Court adopted that the criterion of “service to the totalitarian state” set out in Art. 13b paragraph 1 of the Act of February 18, 1994 on pensions for officers of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the Marshal’s Guard, the State Protection Service, the State Fire Service, the Customs Service Of the Treasury and the Prison Service and their families should be assessed on the basis of all the circumstances of the case, including individual acts and their verification in terms of violation of fundamental rights and human freedom. In turn, in the resolution of seven judges of the Polish Supreme Court of October 15, 2020 (case no. III PZP 4/20), the Court indicated that “the party lodging a complaint for a declaration of non-compliance with the law of a final judgment (Art. 4241 of the Code of Civil Procedure) is not obliged to prove that the revocation of the judgment under appeal by way of an extraordinary complaint was not and is not possible; thus, the complaint is not subject to rejection pursuant to Article 4248 § 1 of the Polish Code of Civil Procedure in conjunction with Article 4245 § 1 point 5 of the Polish Code of Civil Procedure or Article 4248 § 2 of the Polish Code of Civil Procedure”.

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