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Cassation appeal in pledges

So ruled the Supreme Court in a panel of 7 judges in the decision of 12 August 2015 (case no III CZP 21/15).

The legal question was presented to the Supreme Court in extended composition due to existence of significant differences in literature and case law in interpretation of art. 5911§ 1 k.p.c. which permits a cassation appeal in cases regarding property law.

Discrepancies finally resolved by the Supreme Court concerned the question whether the concept of "cases regarding property law" as used in the cited provision, covers the cases of registration of pledges.

In its decision, the Supreme Court confirmed that is the case, and in consequence, decisions in such cases can be a subject of cassation complaint.

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