Przegląd orzecznictwa Sądu Najwyższego

Abstract

Overview of the decisions of the Polish Supreme Court The Resolution of the Polish Supreme Court of October 6, 2022 (case file no. III CZP 119/22) is of particular importance for legal practice. The Court indicated that the compensation due from the insurance company under the contract of third party liability insurance of motor vehicle owners for damages arising from the use of these vehicles covers only necessary and economically justified repair costs. In the Resolution of October 6, 2022 (case file no. III CZP 112/22), the Polish Supreme Court stated that the ruling issued in closed session is a ruling that does not exist if the signature has been placed only under the entire document including the operative part and the main reasons for the ruling (Art. 357 § 5 Civil Procedure Code). Moreover, in the Resolution of June 2, 2022 (case file no. I CSK 219/22), the Polish Supreme Court decided that the submission by parents on behalf of a minor child of a declaration of inheritance rejection is an activity that exceeds the scope of the ordinary management of the child’s property, and making it without the prior consent of the guardianship court entails the nullity of this type of declaration. In addition, the Polish Supreme Court, in the Resolution of May 31, 2022 (case file no. II CSKP 34/22), stated that bringing an action by a parent on behalf of a child for the protection of personal rights against the other parent of that child is an act of representation of the child.