Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 Rejent

Authors help

  1. 2 Łapaj T.

Years help

  1. 1 2022

  2. 1 2020

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Podstawa wpisu w księdze wieczystej zmiany wierzyciela hipotecznego przy łączeniu się i podziale spółek handlowych

100%
Łapaj T.
Rejent
|
2020
|
issue 4 (348)
9-50
EN
The subject of the publication is the analysis of issues regarding the grounds for disclosing in the land and mortgage register a change of the mortgage creditor that occurred as a result of mergers and divisions of commercial companies carried out in accordance with the provisions of the Polish Commercial Companies Code (title IV, sections 1-2 of this code). The author describes the documents that may constitute a basis for disclosing in the land and mortgage register a change of the mortgage creditor - in accordance with the requirements of Polish law, contained in the Land Register and Mortgages Act (Articles 31-32 specifying the grounds for entry in the land and mortgage register) and in the Code of Civil Procedure (Articles 6261-62613 governing land and mortgage register proceedings). The author also indicates important solutions for practice, such as: - the possibility and rules for the court to consider in the proceedings regarding an entry in the land and mortgage register the circumstances disclosed in the National Court Register as circumstances which do not require proof (through the proper application of Article 228 of the Code of Civil Procedure), - admissibility to use certified copies of documents (instead of originals) when applying for an entry in the land and mortgage register, i.e. copies certified as true copies by a notary public or a professional legal representative (by way of appropriate application of Article 129 § 2 of the Code of Civil Procedure), - the possibility of including additional documents, i.e. statements of knowledge of interested entities, as a basis for an entry in the land and mortgage register, in order to simplify demonstration of legal succession regarding a mortgage that has been transferred to another entity as part of company divisions (carried out pursuant to Article 529 § 1 items 1-4 of the Commercial Companies Code), - the admissibility of applying the rules for disclosing in the land and mortgage register the change of the creditor relating to the mortgage being transferred under an assignment or other legal act involving a secured claim (contained in Article 32 (2) sentence 2 of the Land Register and Mortgages Act) - in the event of disclosing the change of the creditor mortgage arising under the division of a company by separation (carried out pursuant to Article 529 § 1 item 4 of the Code of Commercial Companies), - the possibility and rules of using bank documents as the basis for disclosing in the land and mortgage register a change of the mortgage creditor as a result of the merger and division of banks (simplified procedure provided for in Article 95 of the Act on the banking law), - methods of proceeding in the case of a mortgage established using the construction of a mortgage administrator (referred to in Article 682 of the Land Register and Mortgages Act).
2

Koniec biegu przedawnienia roszczeń określonych w przepisach szczególnych w świetle unormowań art. 118 kodeksu cywilnego

100%
Łapaj T.
Rejent
|
2022
|
issue 4 (372)
44-93
EN
The subject of the publication is an analysis of the application of the rule contained in the second sentence of Article 118 of the Polish Civil Code, introduced into the legal order in 2018. According to this rule, the end of the limitation period falls on the last day of a calendar year, unless the limitation period is shorter than two years. The author examines whether this rule is universally applicable to limitation periods set forth in both code and non-code provisions, reviewing a number of specific legal regulations, including the law on bills of exchange. The author also describes intertemporal issues related to the introduction of the indicated rule. The analysis shows that the rule of determining the end of the limitation period of claims contained in the second sentence of Article 118 of the Civil Code is generally applicable to two-year and longer limitation periods of claims specified in special provisions. This view is supported by arguments based on linguistic, systemic and functional interpretation. The application of the above rule is excluded only when special provisions clearly indicate a different manner of determining the end of the limitation period. When interpreting special provisions one has to remember at the same time to take into account instructions stemming from the norms contained in the acts of international and European law, if a given provision constitutes implementation of such acts into national legal order.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.