Success before the Regional Court in Rzeszow

News / 17.12.2018

In a judgment dated December 11, 2018. The Regional Court in Rzeszow dismissed the lawsuit brought against the Law Firm’s Client for unenforceability of the enforceable title, accepting as legitimate in its entirety the arguments presented by the advocates and attorneys of our Law Firm. In the case in question, the enforceable title was a court settlement concluded in 2014, on the basis of which the municipality undertook to transfer to the Company represented by our Law Firm the ownership of the property for the consideration agreed upon in the settlement, with a value of approximately PLN 1 million. The settlement was concluded in order to regulate the ownership status of the property in connection with the crossing of land boundaries in the course of a construction project.

The court of first instance fully approved the reasoning that in the case in question there was a case of realization of civil law claims under Article 231 of the Civil Code, and therefore a case in which the provisions of the Real Estate Management Act, which regulate the disposal of real estate owned by local government units, are not directly applicable.

The ruling is not final, the Law Firm is awaiting written reasons for it.