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The banks’ merger and banking enforcement title

During the open session on 26th July 2014 the Supreme Court Civil Chamber ruled legal issue concerning the applicability of art. 788 § 1 k.p.c., expressing the principle of transition of the rights and obligations from the enforcement title in the pending case, to the banking enforcement title, when in the course of execution proceedings two banks merged by transferring all assets of the acquired bank to the acquiring bank.

In the adopted resolution the Supreme Court held that when after the initiation of the execution, which is based on the banking enforcement title with the court enforceable clause, two banks merged by transferring all assets of the acquired bank to the acquiring bank, the court shall give an enforceable clause to the acquiring bank on the basis of art. 788 § 1 k.p.c..

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