Glosa do wyroku SN z dnia 8 października 2008 roku, V CSK 124/08 (krytyczna)

Abstract

The commentary contains arguments that challenge the High Court ruling on an unsuccessful cession after filing proceedings by writ of payment, but before having it delivered to the defendant; due to not issuing the document to the buyer. It is the author’s opinion that results in the demise of the defendant’s material legitimacy, and should result in dismissal. The lack of issuing of the document does not justify the cession’s ineffectiveness due to the fact that the document was in a substitute lease of the court which excludes actual authority over the document by a third party.

Keywords

• cession of receivables
• proceedings by writ of payment
• suspension injunction
• right of action