Overview of the decisions of the Polish Supreme Court

The Resolution of the Polish Supreme Court of March 24, 2022 (case file no. III CZP 48/22) is of particular importance for legal practice. The Court indicated that the sanction of nullity provided for in Article 6 (1) of the Act of March 24, 1920 on the Acquisition of Real Estate by Foreigners does not apply to the acquisition of real estate on the basis of a legally binding decision on the division of joint property after the termination of joint property between spouses. In the Resolution of April 13, 2022 (III CZP 90/22), the Polish Supreme Court stated that minors who are step-siblings are not participants in the proceedings for establishing contact between them (Article 1136 of the Code of Commercial Companies). Moreover, in the Resolution of April 13, 2022 (III CZP 85/22), the Polish Supreme Court decided that the submission of an application for the preparation of a justification and the delivery of a decision with the justification does not constitute a condition for the admissibility of a complaint against the decision referred to in Article 7661 § 1 of the Polish Code of Civil Procedure. In addition, the Polish Supreme Court, in the Resolution of April 6, 2022 (III CZP 12/22), stated that the court of the second instance, in a closed session, may issue a decision to quash the judgment and discontinue the proceedings in a panel of three judges (Article 386 § 3 in connection with Article 367 § 3 in connection with Article 374 of the Polish Code of Civil Procedure).

The Resolution of the Polish Supreme Court of March 24, 2022 (case file no. III CZP 48/22) is of particular importance for legal practice. The Court indicated that the sanction of nullity provided for in Article 6 (1) of the Act of March 24, 1920 on the Acquisition of Real Estate by Foreigners does not apply to the acquisition of real estate on the basis of a legally binding decision on the division of joint property after the termination of joint property between spouses. In the Resolution of April 13, 2022 (III CZP 90/22), the Polish Supreme Court stated that minors who are step-siblings are not participants in the proceedings for establishing contact between them (Article 1136 of the Code of Commercial Companies). Moreover, in the Resolution of April 13, 2022 (III CZP 85/22), the Polish Supreme Court decided that the submission of an application for the preparation of a justification and the delivery of a decision with the justification does not constitute a condition for the admissibility of a complaint against the decision referred to in Article 7661 § 1 of the Polish Code of Civil Procedure. In addition, the Polish Supreme Court, in the Resolution of April 6, 2022 (III CZP 12/22), stated that the court of the second instance, in a closed session, may issue a decision to quash the judgment and discontinue the proceedings in a panel of three judges (Article 386 § 3 in connection with Article 367 § 3 in connection with Article 374 of the Polish Code of Civil Procedure).