TY - JOUR
TI - Overview of the decisions of the Polish Supreme Court
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 July 2, 2021 (case file no. III CZP 38/20) is of utmost importance for legal practice. In it, the Court assumed that the landowner’s claim, under Article 231 § 2 of the Polish Civil Code, does not expire. The resolution of the Polish Supreme Court of September 30, 2021, case file no. III CZP 37/20, is of particular importance for legal practice. As indicated by the Supreme Court, the limitation period for a claim for compensation for recovery costs, based on Article 10(1) of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly known as the Act on Payment Terms in Commercial Transactions), is set out in Article 118 of the Polish Civil Code. However, according to the resolution of the Polish Supreme Court of July 6, 2021, case file no. III CZP 34/20 – in the event of bodily injury or health disorder, the court may award the aggrieved party with an appropriate sum as a pecuniary compensation for the harm suffered (Article 445 § 1 in conjunction with Article 4491 § 1 of the Polish Civil Code). Moreover, the Polish Supreme Court stated that the aggrieved party does not bear the burden of proving what caused the dangerous nature of the product.
VL - 2021
IS - 3 (28)
PY - 2021
SN - 2392-1943
C1 - 2720-3670
SP - 192
EP - 217
DO - 10.4467/23921943RP.21.030.15122
UR - https://ejournals.eu/en/journal/radca-prawny/article/przeglad-orzecznictwa-sadu-najwyzszego-za-okres-czerwiec-wrzesien-2021
KW - the Polish Supreme Court
KW - judicature
KW - civil proceedings
KW - compensation for damages
KW - statute of limitations