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Dr Tomasz Szczurowski
ORCID: 0000-0002-2967-0919

Assistant professor at the Department of Economic Law and Digital Economy at The Cardinal Stefan Wyszyński University  (UKSW) in Warsaw, judge in Court of Appeal in Warsaw.

DOI: 10.33226/0137-5490.2022.11.6
JEL: K22

The article describes influence of declaration of bankruptcy on civil lawsuit relevant to bankrupt's debts. This proceedings must be ex officio suspended under Article 174.1.4. of the Code of Civil Procedure. The question is when the proceedings shall be resumed. The most important difficulty is interpretation of Article 145.1 of the Bankruptcy Law. In view of this legal regulation a claim that should be lodged to the bankruptcy estate may be initiated against the receiver only if that claim is not included on the list of claims in bankruptcy proceedings in accordance with relevant provisions of this Act. The author analyzes this regulation in view of doctrine and new judgments of the Supreme Court.

Keywords: declaration of bankruptcy; civil lawsuit; debt
DOI: 10.33226/0137-5490.2022.3.7
JEL: K22

The article presents the most important judgments of The Supreme Court issued in 2021 in economic cases. Because of the position of The Supreme Court they may influence judicial settlements in similar causes. Jurisprudence has been established as major issues as the Public Procurement Law, time limits for bringing actions, interpretation of the Act on industrial property law referring to trademarks, undermining the entry in the land and mortgage register, penalties laid down in the contract, insolvency proceedings. The author quotes the judgments and comments on them.

Keywords: The Supreme Court; economic cases; judgements
DOI: 10.33226/0137-5490.2021.3.7
JEL: K22

The article presents judgements of The Supreme Court, ruled in 2020, which have the most important meaning for the economics practice. Although the Polish legal system is not based on a precedent, the case law of the highest judicial body is respected by common courts. The position of the Supreme Court is of particular importance if it was issued as a result of the resolution of legal issues. The author highlights judgments which deals with such topics like: life insurance with insurance capital fund, nature of period of time under the article 584 the Commercial Companies Code, the costs of renting a replacement vehicle as a damage, contractual penalty from money obligations, limitation period under the article 819 § 4 of the Civil Code, interpretation of the article 13 § 1 of the Commercial Companies Code, nature of the claims about cancelation of the agreement in case of unfair market practice.

Keywords: judgments; the Supreme Court
DOI: 0000-0002-2967-0919
JEL: K22

The subject of the article is the amendment to The Commercial Companies Code which was in connection with the COVID-19 epidemic. The author presents the main points of the regulation. He underlines that it concerns new rules of functioning of the bodies of the capital companies. The main purpose of the amendment is to enable the functioning of capital company bodies in a remote or near remote stand.

Keywords: amendment to The Commercial Companies Code; COVID-19
DOI: 10.33226/0137-5490.2020.5.5

The subject of the article is a right of shareholder to vote during general meeting. The author concerns the interpretation of article 413 § 1 of The Commercial Company Code. The law regulates that the shareholder may not, in person or by proxy, or as a proxy of another person, vote on resolutions on his liability towards the company on any account, including the granting of approval of performance of his duties, release from an obligation towards the company or a dispute between him and the company. The author highlights a personal and material scopes of this regulation and its affects the validity of resolution of the general assembly.

Keywords: right to vote; shareholder
DOI: 10.33226/0137-5490.2020.3.6
JEL: K22

The subject of the article is revue rulings of the
Supreme Court which were judged in 2019. The
author presents main points of the decisions and short
comments to them. The judgements deal with such
problems like list of receivable debts, kind of power of
attorney under article 210 of The Commercial
Company Code, right trustee to bring an action
against the resolution of the shareholders, cost of
private opinion as a damage, liquidated damages,
recovery costs of debts, marital property separation in
case of declaration of bankruptcy.

Keywords: judgement; The Supreme Court
DOI: 10.33226/0137-5490.2020.1.5
JEL: K22

The subject of the article is a new mode of resignation of a management board member. It is regulated in article 202, 30056 , 368 of The Commercial Company Code. The law concerns the situation when as a result of resignation non seat in the management board is filled. The author highlights new rules pertaining to limited liability company, simple joint-stock company and joint-stock company. He underlines that in the case of the first two types of companies the resignation should be addressed to shareholders and the member should convene meeting of shareholders (general meeting). The resignation will not enter into force until the day following the day on which the general meeting was held. In a joint-stock company the rules are different, because the resignation must be submitted to the supervisory board first. If non seats in the supervisory board is filled, it must be addressed to shareholders. The author focuses on problems with practical application of the new regulation.

Keywords: management board member; resignation
DOI: 10.33226/0137-5490.2019.11.6
JEL: K22

The subject of the article is a new mode of proceedings in a business lawsuit. It is regulated in the Code of Civil Procedure under the Act of 4 July 2019 which will enter into force 3 months after its publication. The author describes this new regulation. He highlights new rules pertaining to bringing of evidence and restrictions related to parties declarations and motions for evidence. He underlines that it should let the court finish the proceedings in six months.

Keywords: business lawsuit; specific proceedings for a business lawsuit