TOMASZ PRZYBECKI
13-01-2012

Abolition of joint ownership – appeal

On behalf of clients attorney-at-law Tomasz Przybecki joined the appeal proceedings in the case for the abolition of co-ownership.

What is unusual about the situation is that the proceedings before the court of second instance were taken up after a 4-year suspension. In this situation, the positions of the parties have changed and, above all, the appraisal reports determining the value of the individual premises have become obsolete.

The case raises an interesting legal issue to what extent the scope of the appeal (the SR’s order was appealed only in part) limits the possibility of amending the partition order in its entirety.