I C 1397/15 AI generated

Civil court dismissed claim for unpaid rent damages due to failure of plaintiff to prove facts by evidence.

Case Number I C 1397/15

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2015-06-29

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The civil court dismissed the plaintiff's claim for unpaid rent damages and awarded costs to the defendant. The plaintiff argued that the defendant owed compensation for unauthorized use of the apartment, but the court found the claim partially unsupported. The court ruled that the burden of proof lies with the plaintiff and rejected the defendant's request to add evidence ex officio.

Legislator headnote

AI generated

Art. 232 k.p.c.; Art. 3 k.p.c.: The party asserting a claim must prove the factual circumstances supporting it; the court is not obliged to conduct evidence gathering ex officio to verify unproven assertions.

Keywords

AI generated

burden of proof civil procedure unauthorized use evidence ex officio rent compensation contradictory process costs allocation

Cited Legislation

AI generated

Art. 232 k.p.c.

Art. 3 k.p.c.

Art. 100 k.p.c.

art. 118 k.c

art. 6 k.c

art. 3 § 2 k.p.c

art. 3 k.p.c

art. 232 k.p.c

Cited Case Law

AI generated

Supreme Court dismisses appeal allowing claimant to prove unjust enrichment facts while defendant proves mitigation. The court clarifies the burden of proof rules under the Civil Code. The decision establishes that the party deriving legal consequences must prove the relevant facts. The court ruled that the burden of proof lies with the party deriving legal consequences from the fact. The court clarified that the burden of proof lies with the party deriving legal consequences from the fact. The court held that the burden of proof lies with the party deriving legal consequences from the fact. The court determined that the burden of proof lies with the party deriving legal consequences from the fact.

II UN 244/98

III Aua 26/96

I CKU 45/96

Social housing tenants pay compensation under general rules until eviction judgment takes effect.

Supreme Court allows tenant eviction claim for monthly damages as periodic debt subject to three-year statute of limitations.

Supreme Court rules municipality and tenant share joint liability for social housing vacancy damages.

Supreme Court revokes district court dismissal, ruling municipal liability for social housing is joint, not subsidiary.

Supreme Court dismisses appeal, ruling tenant compensation claims under tenant protection law are periodic and subject to a three-year limitation period.

Supreme Court partially allowed cassation appeal regarding three-year limitation period for monthly compensation claims under tenant protection law.

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