Being an experienced legal counsel, I know which questions raise doubts.
DROIT DE SUIT
DROIT DE SUITE – Who is responsible for paying remuneration to an artist? (Article 19 of the Act on Copyright and Related Rights)
As a matter of principle, the duty of royalty payment for the resale of an original work of art, photograph or manuscript of a literary or musical work lies with the seller, yet the parties may agree in a contract that the royalty fee should be charged to another party involved in the transaction, e.g. an entity professionally operating in the art market or the buyer (in whole or in part).
C-41/14 – Judgement of the European Court of Justice of 26 February 2015
The entity obliged to pay remuneration for the resale of an original work of art (droit de suite) publ. Legal Gazette 2015, No. 6, p. 289; Legalis
Does the fact that one spouse contributed to the insolvency of the other spouse result in the dismissal of a motion for declaration of consumer insolvency?
Yes, it does if the couple lives off one spouse’s income. For example, if an obligation was contracted at the same time for the development of a business and for a house renovation with an intention that one of the spouses would repay the debt from the profits from his or her business activity.
The circumstances of incurring a debt vary from case to case and should be analysed in detail before filing a motion with the Court.
V Gz 217/16 – decision of the Regional Court for Częstochowa of 19 December 2016
Can the spouses file a joint consumer insolvency petition?
No, they cannot. Every spouse must file a separate petition with the Court whether they have joint, separate or mixed property.
ALIMONY AND MAINTENANCE
Can one demand that support be adjudicated prior to divorce?
Yes, the spouse seeking support can bring action for award of support. The action can be brought to the District Court or to the Regional Court if brought along with a petition for divorce. It should be remembered that a motion to secure the claim should be filed along with the action for maintenance to speed up the payment.