I C 834/12
AI generated
Civil claim dismissed because defendant proved debt extinguished by new contract under Civil Code Art. 506.1.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment of telecommunications debt and costs. The defendant argued that the original debt was extinguished by a new contract signed in 2007, which replaced the old obligation. The court ruled that the plaintiff failed to prove the debt existed at the time of the claim, as the defendant successfully demonstrated the debt's extinction under Civil Code provisions.
Legislator headnote
AI generatedArt. 506 § 1 Kc; Art. 6 Kc: If a debtor agrees to perform another obligation or the same one on a different legal basis, the original obligation is extinguished; the burden of proving this fact lies with the party deriving legal consequences from it.
Keywords
AI generated
extinguishment of debt
new contract substitution
burden of proof
telecommunications services
civil code provisions
assignment of claims
partial performance
Cited Legislation
AI generatedart. 506 § 1 Kc
art. 6 Kc
art. 505(5) Kpc