Opinia prawna na temat poselskiego projektu ustawy o Krajowym Rejestrze Sądowym oraz o zmianie niektórych innych ustaw
Legal opinion on a Deputies’ bill on the National Court Register and amending certain other Acts (Sejm Paper no. 2816)
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The opinion deals with a bill to improve the organization of business registration system. Positive assessment is given to its provisions aimed at deleting those entities which have not so far been re-registered in the National Court Register (KRS). It was also pointed out in the opinion that the exclusion of the liquidation proceedings for dissolution of entities entered into KRS in relation to the events that took place before the entry into force of the new regulations, may breach the lex retro non agit principle. The basis and preconditions for free acquisition by the State Treasury – by the operation of law – of ownership and other property rights are in accordance with the Constitution of the Republic of Poland. However, it would be advisable to indicate in the bill of another moment of acquisition of property by the State Treasury. The proposed provisions relating to: annual limitation period (preclusive term) for claiming compensation from the Treasury, counted from the moment of acquisition of property deleted from the register of the entity and the final date for filing an action for enforcement, on claims confirmed by a writ of execution, may be questionable from the point of view of conformity with the Constitution of the Republic of Poland.
Publication order reference