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Report on the provision of legal advice during the period 01.09.2016 - 30.09.2016

PIS Intervention and Advice Bureau in Przemyśl at the Parliamentary Office of the Speaker of the Sejm Marek Kuchciński 01.09.2016 to 30.09.2016. provided legal advice on matters related to the following topics:

  1. criminal and misdemeanor law;
  2. general scope of civil law;
  3. family law;
  4. administrative law;
  5. labor and social security law;
  6. business and commercial law.

With the above points in mind, the advice was:

Re 1. Of criminal and misdemeanor law:

  • preparation of a request for a cassation by the Ombudsman in a misdemeanor case;
  • The issue of the appointment of counsel for the crime of abuse;
  • illegal tree cutting;
  • Preparing an appeal in a misdemeanor case in connection with the imposed penalty of reprimand;
  • crimes of insult and defamation;

 Re 2. Of general civil law:

  • defects in declaration of will - acting under the influence of error
  • violation of property rights
  • the possibility of terminating a contract for telecommunications services
  • determination of inheritance acquisition and succession order
  • admission of witness evidence - the possibility of its withdrawal;
  • concurrence of executions, jurisdiction of the bailiff;
  • to inspect the case file;
  • incumbency;
  • debt forgiveness - the issue of agreeing with the creditor to set up a repayment plan;
  • active and passive legitimacy in litigation;
  • admitting evidence of a private expert opinion;
  • summons for payment, inability to file a lawsuit without identifying the debtor's personal information;
  • grounds for incapacitation;
  • to change the order of probate after the will has been found;
  • permission to inspect the case file;
  • cancellation of the annuity, changing the annuity to an annuity;
  • securing a claim;
  • testamentary succession, reserved portion
  • drafting a subpoena for payment;

Re 3. From family law:

  • application to reject the inheritance on behalf of minor children - to obtain the consent of the family court to perform this action;
  • acknowledgment of paternity with a determination of alimony;
  • matters of control of the employee of the Municipal Social Welfare Center over the care of minor children;

Re 4. From Administrative Law:

  • to check out by means of an administrative decision;
  • a request for rectification of a breach of law concerning the inactivity of an authority
  • request to the authority to cut down trees that threaten a neighboring property;
  • drafting a zoning determination letter as to the expansion of a neighbor's house;

Re. 5 On labor and social security law:

  • The issue of half of the disability benefit when collecting a military pension;
  • reinstatement of the time limit for filing an objection to the ruling of the medical examiner in a disability case;
  • Appeal of an annuity decision;
  • The issue of survivor benefits for a deceased spouse;

Re. 6 On business and commercial law:

  • consequences of an incorrectly filed application to the National Court Register and its return

Of the cases handled by the Intervention and Advice Bureau, the first time a party came forward with a commercial law case. The issue concerned an incorrect application for entry in the National Court Register.

The Court of Register has two options:

  • may issue an order calling for removal of formal defects if they are removable, e.g. failure to submit a document other than KRS forms;
  • may issue an order to return the application when the forms are incorrectly completed or the entry fee has not been paid;

In the case at hand, both of the above cases occurred, so the Court ordered the application to be returned. If the party had come forward within a week from the date of receipt of the application, the deficiencies could have been remedied, but even failure to remedy them within that period does not close the way to registration. If the documents have not yet been returned by the Court (since the order of return is not equivalent to the return of the documents), you can again complete the appropriate forms and make up the deficiencies, and then, referring to the file reference and the outstanding documents and fee in the case file, resubmit the application.

People come to the Office of Intervention and Counseling, often wanting help with their behavior.

A reserved portion is a statutory form of protecting the interests of the closest legal heirs against an adverse disposition of the testator in the event of death. The closest persons to the testator entitled to a reserved portion of the estate are the testator's descendants, spouse and parents. As a rule, a person is entitled to a reserved portion equal to half of the inheritance share that would fall to him/her in the case of a statutory succession. However, if the beneficiary is permanently incapacitated or if the beneficiary's descendant is a minor, the amount of the reserved portion is two-thirds of the value of such share.

In September, the number of counseling sessions once again exceeded 50. The problems discussed at the Bureau are varied, including for the first time the issue of commercial law, which indicates that information about the Bureau's activities is reaching more and more people.

 

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