TY - JOUR
TI - Overview of the decisions of the Polish Supreme Court
AU - Milkowski, Kacper
TI - Overview of the decisions of the Polish Supreme Court
AB - The resolution of the panel of seven judges of the Polish Supreme Court of June 19, 2024 (case file no. III CZP 31/23) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that the right of retention (Article 496 of the Polish Civil Code) does not apply to a party that can offset its claim against the claim of the other party. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of May 22, 2024 (case file no. III CZP 21/23). As indicated by the Polish Supreme Court, Article 115 of the Civil Code does not apply to the expiration of the limitation period. Moreover, in the resolution of April 11, 2024 (case file no. III CZP 47/23), the Polish Supreme Court decided that a soldier performing professional military service who is not an attorney or legal counsel cannot act as a legal representative of the Polish State Treasury in a civil case.
VL - 2024
IS - 2 (39)
PY - 2024
SN - 2392-1943
C1 - 2720-3670
SP - 167
EP - 185
DO - 10.4467/23921943RP.24.024.20178
UR - https://ejournals.eu/en/journal/radca-prawny/article/przeglad-orzecznictwa-sadu-najwyzszego-kwiecien-czerwiec-2024
KW - Polish Supreme Court
KW - judicature
KW - criminal proceedings
KW - civil proceedings
KW - resolution
KW - judgment