
The author analyses the resolution of the Supreme Court of May 28th, 2021 (III CzP 29/20). The author generally positively evaluates the position of the Supreme Court expressed in the commented resolution, citing additional arguments in favor of the accuracy of the decision. The author also undertakes a polemic with one of the views of the Supreme Court expressed in the reasons for the commented resolution. In addition, based on the analyzed issues, the author notices one more important thread that raises numerous controversies, which is also the subject of this study.