by Admin2 | Jan 2, 2025 | news-en
According to the Supreme Court judgment of October 12, 1977 (II CR 390/77) the impossibility of the adoptive parents to have an educational impact on the adolescent adoptive person, her involvement in a criminal environment, prostitution and contracting a venereal disease, alcohol abuse, theft, demoralization of peers in the educational facility, running away from home and from the educational facility, staying in a sobering-up center, which had a negative impact on the health of the adoptive parents, constitutes an important reason for terminating the adoption relationship.
The assessment of the concept of the child's welfare cannot be made in isolation from the age of the adoptive person and the legitimate and legally protected interests of her adoptive parents. It is impossible to expect them to tolerate the humiliation and even damage to health suffered by her current behavior in the name of the abstract good of an adolescent girl to whom they have selflessly devoted over 13 years of personal effort, trouble and expense. These circumstances also speak against maintaining the adoptive parents' obligation to pay maintenance.
by Admin2 | Dec 2, 2024 | news-en
In accordance with the judgment of the Provincial Administrative Court in Kraków of 25 September 2024 (III SA/Kr 583/24) regarding the provisions of the Convention on the Recovery of Maintenance Claims Abroad, drawn up in New York on 20 June 1956 (Journal of Laws of 1961, No. 17, item 87), the application of the entitled person is considered in accordance with the law of the country in which the obligated person is staying, and the transferring body does not settle the matter regarding the recognition and enforcement of the maintenance obligation between the entitled person and the obligated person, but only facilitates the authorized person in settling such a case in another country by transferring it under the Convention to the receiving body.
The District Court, Independent Section for Legal Transactions with Foreign Countries in this case does not act as an enforcement body. Any initiative regarding possible reminder letters to foreign authorities in the event of non-receipt of maintenance payments rests with the applicant.
by Admin2 | Nov 4, 2024 | news-en
The draft act (Print No. 800 of November 6, 2024) assumes an increase in the maximum amount of maintenance fund benefits by 100%, i.e. by PLN 500 per month to PLN 1,000 per month. The justification for the draft states that under the current legal status, maintenance fund benefits are due in the amount of currently established maintenance, but not higher than PLN 500 per month. The above maximum amount of maintenance fund benefits has been unchanged since the beginning of the validity of the Act of September 7, 2007 on assistance to persons entitled to 2 maintenance payments, i.e. since 2008. Since the introduction of maintenance fund benefits, the costs of living have increased significantly, including for persons entitled to maintenance payments, and consequently the amounts of maintenance payments for children from parents determined by the courts (data from the Ministry of Justice)
by Admin2 | Oct 1, 2024 | news-en
The principle of prohibition of waiving alimony was already recognized in the case law between the wars. According to the Supreme Court ruling of 17 August 1933 (C.I. 529/33), the obligation of spouses to provide each other with support and assistance and to feed, maintain and raise their children is based on the right to life of the individual and family solidarity, so the provisions of the law in this respect fall within the scope of public order, and therefore the waiver by the entitled person of the right to alimony itself cannot be significant, while the waiver of the pursuit of strictly defined and liquidable alimony claims does not concern public order, because these claims could have been satisfied or turned out to be unnecessary due to the change in the material situation and relations of the parties.
by Admin2 | Sep 2, 2024 | news-en
According to art. 115314 point 5, enforcement titles in the Republic of Poland are: judgments in maintenance cases issued in the Member States of the European Union that are parties to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (OJ EU L 331 of 16.12.2009, p. 17) and settlements and official documents in maintenance cases originating from these countries, covered by the scope of application of Regulation No. 4/2009. According to the legal definitions contained in the Regulation, "judgment" means a judgment issued in matters concerning maintenance obligations by a court of a Member State, regardless of the name of such judgment, such as "judgment", "order", "order" or "enforcement order". On the other hand, a "court settlement" means a settlement in matters concerning maintenance obligations approved by a court or concluded before a court in the course of proceedings. "Authoritative document" means a document in matters concerning maintenance obligations drawn up or officially registered as an official document in the Member State of origin, the authenticity of which: concerns the signature and content of the official document and has been established by a public authority or other authority authorised for this purpose.
It should be emphasised that in the case of a judgment originating from a Member State of the European Union, the "exequatur" principle, which requires a judgment declaring the enforceability of a judgment issued in another country, does not apply. This means that a judgment issued in one Member State is enforced in another Member State under the same conditions as a judgment issued in the Member State of enforcement. They apply "automatically". The assessment of whether the act invoked by the creditor is an enforceable title within the meaning of Article 115314 is made by the enforcement authority (bailiff or court) and at the same time examining the justification of the application to initiate enforcement in the context of checking the existence of a basis for enforcement.
In the case of countries belonging to the European Union but not being parties to the Hague Protocol (Denmark), court judgments, settlements and official documents originating from these countries do not enjoy the benefit of automatic enforceability in other Member States and may constitute an enforceable title in Poland after their enforceability has been confirmed by means of an enforceability clause.
