REPEALED A FREEZING ORDER MAINTENANCE-HOW TO RECOVER MONEY

The Court of appeal is unlikely to waive alimony awarded by court security and courts. In fact, until recently, I have not seen such decision:-). I saw the earlier provisions to reduce the amount of secured maintenance and such case also applies to today's entry.

Once child support is not included, or included in a smaller amount, the first question that arises:

How to recover unduly paid money?

You definitely need to show activity. The Court itself shall not reimburse the amounts paid. Not enough also signaling a problem to the Court on the occasion of the pleading in the main case (eg. I demand a refund, I expect repayment, etc.). Unfortunately, it is necessary to submit the petition, in which only you can claim reimbursement of the amounts paid.

Claim for restitution of money shall be entitled to the payer against the holder. If there are child support payments for a child, it is an action to be brought against the child (represented by the second, the requestor before child support, parent) if the alimony awarded to your spouse-it's against the spouse, etc. (for those interested is the basis for such action are the provisions on unjust enrichment).

Goes without saying is that the child usually does not have his assets and where the money paid to maintain the child's been one might come to the conclusion that there are no from which to obtain a refund. So, fortunately, is not.

To the rescue comes omroep. You can request reimbursement of the amounts paid from the other parent, arguing that incurred a cost of maintaining a child in more than it was to the principals. As in any process-there is no guarantee of winning, but outputs are two: either try to claim money overpaid, or to simply give up.

 

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WHO CAN REPRESENT US IN COURT?

There is nothing to hide, I have some up on the blog and I apologize in advance for the next backlog. Business trips and private time in front of me, but I will seek to set entries, though probably less regularly.
The question posed in the title of the entry is kind of easy, but for many the answer is not obvious. Everyone immediately zakrzyknie-lawyer, or legal counsel. And, of course, right-they have always been. In addition, when talking about the pros, you should mention the patent attorneys, who may represent parties to proceedings in matters relating to industrial property. But delegates may include not only professionals. In addition to representatives of specialized representatives of the legal profession may also be members of the immediate family: parents, spouse, siblings or descendants (children, grandchildren, great-grandchildren) and adopted children. They may also be a person related to the person granting power of Attorney agreements cywilnoprawnymi (holding the Board of assets or the interests of the parties or with the party in a fixed ratio of orders in so far as the matter falls within the scope of this job). If in the process on one side there are more people, such persons may also be your representatives (współuczestnik of the dispute).
I will not mention here the detailed provisions for farmers, establishing paternity, etc. I refer you to the article concerned. 87 of the code of civil procedure.
At the end of a couple of words about the Plenipotentiary-nieprofesjonalistach. It is certainly a category of cases in which these people can worthily to replace their executives. However, you should evaluate your case and really consider whether this our, it is precisely such a case. And though in most cases there is no coercion, i.e. the bar. the obligation to hold a professional representative, you will want to consider using even with legal advice. Unfortunately, ignorance of the law harms.

 

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LEGITIM-LIMITATION OF CLAIMS ONCE AGAIN

Life does not always get along so modelowo that to the reserved portion infiltrates persons entitled in the first place. Sometimes, for example. After the fall, entitled to the reserved portion may be distant descendants (children, grandchildren, great-grandchildren, though the latter group biological reasons it happens less frequently). You can ask the question: since when the limitation period of a claim for the reserved portion in this case? The answer is not simple (in the law anyway, what is simple? How many lawyers – so much interpretation.) And the theory and practice of law (law courts) has tried to deal with "atypical" cases in different ways.

Personally, I am a supporter of strict interpretation of the provision of article. 1007 k.c., what it boils down to finding that the limitation period is specified explicitly by testamentowym inheritance (5 years since the announcement of the Testament by a court or a notary public, for more on this topic you can read here), and less clearly – by inheritance laws (but with the lawyers successfully tackled in this way that the count starting from the date on which the limitation period open date or drop the death of decedent). Luckily, or unluckily, concerned the doctrine of right does not share my conservative views and notes the ability to time delay the beginning of the limitation period reserved portion claims (e.g. that the Statute of limitations has not run at a time When the heir is considered to be the heir Testament background based on open and established wills). I will not say that I do not agree with the arguments given for such combinations legal: that you can not specify the date of exercise of the reserved portion, or there is a change in the determination of the acquisition and of the heirs is a reduced to who is entitled to the reserved portion of the estate. So happens, but if the recipe is clear, I believe that it is not possible to lead a rescue expedition and interpretation, contrary to the interpretation of the language. If the recipe is wrong-it should be changed, rather than mend. Anyway, last amendment extended the limitation period to five years. For this reason, the argument used in the literature, that the statutory limitation period is too short, lost in importance.

What is the Council on elapsed time? Bringing an action for payment of the reserved portion and the suspension of the proceedings until the clarification of uncertain issues. Maybe there is a way of artificially generating number of cases (the judges probably would not be satisfied with my proposal), but for me-the only logical in the light of article. 1007 k.c. and the safest for the zachowkiem. Why safest? And because you never know if the judge panel on will similar sentences what I, or considers the arguments about the merits of the counting of the limitation period from other-than-statutory deadline. Even if, it does not have a guarantee that the Court will be counted from that point on, which will be beneficial for us.

However, I must honestly add that the prevailing view of the doctrine calls for the indication of the limitation period, taking into account the additional circumstances.

 

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JOIN THE RENTAL RATIO-A LITTLE HISTORY

In Krakow, there is still a lot of occupied premises on the basis of the assignment (the accommodation facility). This situation also applies to probably Warsaw, Łódź, Gdańsk, Lublin, Katowice and Poznan (in these cities was the Decree of public premises economy from 1945). Rental of premises is not hereditary (with one exception in the period from November 12, 1994 to October 24, 1997, in so far as there were people joining in the lease relationship under the law), but under the law of a certain category of people can join in the place of a dead person in her rights and obligations resulting from the lease. In this case, the terms of the Agreement remain unchanged, changing only a tenant. Over the years changed people who could join in the ratio of rental. A decisive role in determining the persons entitled to join the rental ratio plays a death date tenant.

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Legitimate - LIMITATION CLAIMS AGAIN

Life is not always so arranged by models that come to a reserved person entitled in the first place. Sometimes, for example. After the rejection of the inheritance, entitled to a reserved may be distant descendants (children, grandchildren, great-grandchildren, though the latter group for biological reasons it happens rarely). You can ask the question of when to expect the period of limitation claims for legitim in such a case? The answer is not simple (though what the law is simple? How many lawyers - only interpretation). And the theory and practice of law (court rulings) attempted to deal with the "atypical" cases in different ways.

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LEGAL ADVICE BEFORE the will

It often happens that the elderly (few people at a young age the thought of will) present with a request for information about the inheritance because they want to write down the last will in such a way that there was no dispute between loved ones, or that there was no doubt who inherits. Someone says they should go to a notary, not a lawyer. Yes and no. It is true that the lawyer does not make a notarial testament (it can only notary), but again, the notary does not give legal advice in so far as it does a lawyer (or another lawyer). Why Advice? Not everyone knows that sometimes making a will is not necessary to achieve the desired effect. A friend from the neighborhood asked me to address a notary public good. A normal thing, but after a while the conversation turned out that the lady neighbor wants to make a will in which the testator only had to be her son. In the circumstances it was a neighbor, and so the only person who inherits the Act. One sentence - a testament time is needed.

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PARENTS DEPRIVING inherited ASSET MANAGEMENT BOARD OF CHILD

What do you do when you want to give your child his estate in his will, but this option is not an option, because I do not want to board the assets on behalf of the child's parents will be exercised (which simply do not like, or think that they are irresponsible, or do not give yourself the council etc., etc.). There are two solutions: either give up the transfer of property in his will a child, or ... Well - we look at my blog:-).

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STATEMENT OF ACQUISITION AND DIVISION DROP DROP

Inheritance proceedings is - you can say - a two-step. The first stage of this statement of inheritance.  As a result of inheritance determine who is known and what share of the testator. But still do not know who that is inherited - the fall is jointly owned by the heirs. Only inheritance can be assigned to specific assets of the testator. The statement of inheritance can be made before a court or a notary (then called an act of the certificate of inheritance). If the testator drew opening is performed properly - the court or notary.

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PROBLEM WITH PERMIT FOR REJECTION OF DROP

Last p. Kalina asked to comment on the previous entry in a very interesting question, what happens if the family court will issue a permit for the rejection of inheritance by a minor child after the deadline for submitting such a statement. Unfortunately, the legislature did not foresee such a situation, and there is no conclusive provisions of this problem. It is not a rare situation, if we take into account the pace of processing of civil cases. It may then happen that the same provision to permit the rejection of the decline will be issued on time, but will come into force after the deadline to make a statement. What then? Really - is not known. In any case, I (and as is clear from the commentary p. Kalinaunder the previous entry not just me) I'm not one hundred percent sure how to solve this issue. From my

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DROP debts - ADOPT OR REJECT?

More often it happens that in the fall are long. Is such a fall better to accept or reject? As usual in the law, there is no good answer. At the outset, it must be emphasized that the submission of any claim as to the acceptance or rejection of the fall heir has time to six months from the date when he found out about the title of their succession. After the six-month period, you can not make any statements, and the decline is considered to be accepted (depending on the situation - either directly or with the benefit of inventory).

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