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  1. 5 Rejent

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  1. 5 Nowakowski T.

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  1. 1 2023

  2. 2 2022

  3. 2 2021

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1

Hipoteka łączna na nieruchomościach lokalowych powstałych w wyniku przekształcenia spółdzielczego prawa do lokalu - uwagi na tle orzecznictwa Sądu Najwyższego

100%
Nowakowski T.
Rejent
|
2021
|
issue 3 (359)
49-62
EN
The study deals with the issue of the consequences of a mortgage initially imposed on real estate belonging to a housing cooperative. So far, the jurisprudence of the Supreme Court has consistently assumed that as a result of its division by transforming the condominium right to into ownership of the premises, the mortgage begins to burden the newly created right. However, several rulings departed from the prevailing view. The author considers the disputed issues from the perspective of Art. 76 of the act on land and mortgage registers and mortgage, as well as special protection of the rights of cooperatives. It also points to numerous doubts regarding the emerging jurisprudence.
2

O nowelizacji umowy pożyczki na tle ustawy o przeciwdziałaniu lichwie

100%
Nowakowski T.
Rejent
|
2023
|
issue 10 (390)
91-111
EN
The Act on Counteracting Usury extends the protection of natural persons concluding a loan agreement for purposes unrelated to their business or professional activity. First of all, the changes introduced significantly limit the amount of maximum non-interest loan costs. The Act also introduces numerous changes regarding the rules for establishing loan repayment security. The information obligations of the lender towards the borrower have also been significantly expanded. Moreover, a new feature is the introduction of the obligation to return part of the interest and noninterest costs of the loan in the event of its repayment before the due date. The author critically analyzes the new legal regulation, pointing out its numerous practical imperfections.
3

Glosa do uchwały Sądu Najwyższego z 26.02.2021 r., III CZP 24/2088

100%
Nowakowski T.
Rejent
|
2022
|
issue 1 (369)
85-93
4

Przewłaszczenie nieruchomości na zabezpieczenie w świetle art. 3871 kodeksu cywilnego - uwagi krytyczne

100%
Nowakowski T.
Rejent
|
2021
|
issue 9 (365)
58-75
EN
The author criticizes the introduced art. 3871 of the Civil Code. In his opinion, this standard will raise a number of practical doubts, the solution of which will be entirely transferred to the judicature. It also points out that the introduced regulation will not achieve the goal intended by the legislator due to the random selection of the grounds for invalidity and the ineffectiveness of this sanction.
5

O nowelizacji art. 388 kodeksu cywilnego - uwagi krytyczne

100%
Nowakowski T.
Rejent
|
2022
|
issue 5 (373)
26-47
EN
The author makes a critical analysis of the amendment to article 388 of the Civil Code. In his opinion, the new regulation will not only not contribute to the improvement of the exploited legal situation, but will also become the subject of numerous discrepancies. Doubts in his assessment are raised especially by the interpretation of the premise of the lack of due diligence and the proposed extension of the period of limitation under article 388 of the Civil Code. The author is also critical of giving the exploited the right to decide about the fate of the exploited contract.
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