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Palestra 3-2021

Review of the case law of the Polish Supreme Court in the area of civil law

In first part of the review author analyses two ruling of the Supreme Court issued in 2021. First ruling concerns a restitution of performance in case of invalidity of the credit contract. The Supreme Court stated that both parties of this contract are entitled to demand a restitution of performance which each party has performed to other party. Second ruling deals with a problem of the encumbrance of the debtor’s property with a mortgage to secure the claims arisen before the opening of accelerated arrangement proceedings under the Restructuring Act of 2015. The Supreme Court accepts a view according to that a prohibition of the encumbrance of the debtor’s property with a mortgage concerns all kind of mortgages, including compulsory mortgage. In second part of the review author comments a ruling of the Supreme Court which concerns a very interesting case related to establishing the ineffectiveness of recognition of paternity of a child born through medically assisted procreation. The special nature of this case is that it requires adjudication within the legal order before 1 November 2015, on the basis of which this issue has not been explicitly regulated. The findings made by the Supreme Court in this case, may have in the future a very significant impact on other similar cases related to the paternity of children conceived through insemination or in vitro fertilization, in particular those who are not related genetically to a man, who decided to recognize their paternity. Last commented ruling concerns a cancellation of the alimentary pension. It results of the entrusting the parental authority to the parent yet obliged to its payment to the benefit of the child. In this proceedings the child cannot be represented by the parent whose parental authority has been limited for the reasons of both such limitation and the own interest of the parent as well.

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