Judgment of Regional Court in Cracow, 2nd Civil Appellate Division

27 May 2010

Case No. II Ca 15/10

Fraudulent conveyance. Acquisition by third party. Entities with close commercial relations. Ineffectiveness of subsequent agreement

1. Because of the ties between the original acquirer of perpetual usufruct of real estate and the seller of the real estate, resulting from the same persons serving on the authorities of the two companies, they may be deemed to be entities with close commercial relations within the meaning of Civil Code Art. 527 § 4.

2. Pursuant to Civil Code Art 527 § 1 and 531 § 2, Civil Code Art. 531 § 2 entities the creditor to assert a claim directly against the successor to declare the debtor's act to be ineffective, without the necessity to set aside the act between a third party within the meaning of Civil Code Art. 527 § 1 and its successor, which means that it would be pointless for the plaintiff to assert a claim to declare ineffective the sale agreement for the real estate between the original acquirer of perpetual usufruct and the defendant as the second acquirer.