Application of Art. 192(3) of the Code of Civil Procedure in a case for revocation (declaration of invalidity) of a resolution of co-owners of common property under the management of a housing cooperative – critical commentary to the judgment of the Court of Appeals in Szczecin of 28 January 2021, I ACa 643/20

Abstract

The author discusses (in part critically) the judgment of the Court of Appeals in Szczecin, in the justification of which the narrow understanding of the concept of “things or rights in dispute” was considered accurate, and it was assumed that Art. 192(3) of the Code of Civil Procedure is completely inadequate to the problem of revoking the resolution of the owners of premises, since the subject of such a process is not the premises disposed of, but the resolution, which by its nature is not subject to disposal during the course of the dispute. The author advocates a broad view of this concept, as indicated by linguistic-grammatical and functional-purpose interpretation, as well as consideration of the need to ensure the efficiency of civil proceedings. In a case for the revocation of a resolution of the owners of premises, an additional argument is, moreover, the need to provide the successor of the legal owner of the premises (who acquired ownership rights in the course of the proceedings) with legal protection analogous to that of his legal predecessor.