Law Applicable to Actio Pauliana before Polish Supreme Court Judgment of the Supreme Court – Civil Chamber of 29 November 2012, Docket No. II CSK 96/12

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The dispute arose from a settlement agreement concluded before the German court on 18 November 2008, between the German national Richard L. (claimant) and Polish national Katarzyna D. (defendant), both domiciled in Germany. The defendant agreed she would transfer to the claimant her immovable property situated in Poland in exchange for €40,000. The settlement agreement had been declared enforceable in Poland yet the defendant did not perform her obligation and instead, she concluded a deed of gift with her father, Henryk D. domiciled in Poland (third-party defendant), concerning the same real property. Consequently, the claimant sought to declare the deed of gift ineffective in respect to him pursuant to Article 527 of the Polish Civil Code which establishes the basis for actio pauliana. Being unsuccessful in lower courts, claimant filed a cassation appeal with the Supreme Court.

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Posted on by Michał König in International

The 1987 Sino-Polish Treaty on Legal Assistance in Civil and Criminal Matters is Not Applicable to Judgments of Hong Kong

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By an order made on 6 March 2012, the Court of Appeal dismissed the complaint of V. M., filed against the order of the Regional Court in W. declaring the judgment of a District Court of the Special Administrative Region of Hong Kong to be enforceable in Poland. An appeal in cassation was lodged with the Supreme Court against the former order by V. M.

The appeal was based on two major grounds: a violation of Article 16 of the 1987 Treaty between the People’s Republic of Poland and the People’s Republic of China on legal assistance in civil and criminal matters in conjunction with Articles 27 and 29 of the Vienna Convention on the Law of Treaties, and a violation of the relevant provisions of the Polish Code of Civil Procedure relating to the recognition and enforcement of foreign judgments. Read more

Posted on by Szymon Zaręba in International