I C 300/14
AI generated
Court grants partial claim for interest while dismissing debt due to statute of limitations and withdrawal.
Poland (PL)
Legislator summary
AI generatedThe court granted a partial judgment awarding the plaintiff 947.74 zł plus statutory interest from July 3, 2010, while dismissing the remainder of the claim. The defendant argued that the debt had already been adjudicated and that the claim was time-barred, which the court found partially valid. The court ruled that the statute of limitations expired for the interest accrued before July 2010, but upheld the claim for interest accrued after that date, while noting the plaintiff withdrew the main debt portion.
Legislator headnote
AI generatedArt. 118 k.c.; Art. 513 § 1 k.c.; Art. 355 § 1 k.p.c.; The statute of limitations for interest on a debt expires when the main claim expires, and a creditor cannot assert a time-barred claim against an assignee.
Keywords
AI generated
statute of limitations
assignment of claim
statutory interest
withdrawal of suit
assignment defense
Cited Legislation
AI generatedArt. 118 k.c.
Art. 513 § 1 k.c.
Art. 355 § 1 k.p.c.
Art. 100 k.p.c.
art. 286 § 1 k.k
art. 297 § 1 k.k
art. 11 § 2 k.k
art. 11 § 3 k.k
art. 203 § 1 k.p.c
art. 118 k.c
Cited Case Law
AI generatedSA w Poznaniu, I ACr 450/95
SN, III CZP 42/04
III CZP 42/04
Supreme Court rules interest claims expire separately but no later than the main debt's limitation period under Civil Code. Interest claims expire separately but no later than the main debt's limitation period under the Civil Code. Interest claims expire separately but no later than the main debt's limitation period under the Civil Code.