II Ca 2506/13
AI generated
Court dismissed appeal for failure to prove legal title transfer from spouses to liquidated company.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the Syndic's appeal regarding the entry of ownership rights into the land register for a liquidated company. The lower court rejected the request because no valid legal title document was presented to transfer ownership from the spouses to the company. The court held that contributions to a civil partnership require a notarial agreement to move assets from marital community to the partnership, which was absent here.
Legislator headnote
AI generatedArt. 860 k.c.; Art. 31 k.r.o.: Assets contributed by spouses to a civil partnership must be transferred from the marital community to the partnership via a notarial agreement; without such transfer, the contribution remains marital property and cannot serve as company capital for land registration.
Keywords
AI generated
marital community property
civil partnership contribution
land register entry
notarial agreement requirement
liquidated company ownership
spousal asset transfer
company capital formation
Cited Legislation
AI generatedArt. 626 § 9 k.p.c.
Art. 385 k.p.c.
Art. 13 § 2 k.p.c.
Art. 196 k.c.
Art. 860 k.c.
Art. 863 § 1 k.c.
Art. 875 k.c.
Art. 31 k.r.o.
Art. 35 k.r.o.
Art. 54 k.r.i.o.