X P 714/15
AI generated
Court dismisses execution title invalidation claim after full debt recovery and procedural defects.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's request to invalidate an enforceable judgment due to procedural errors and full debt recovery. The plaintiff argued the original judgment was flawed and that the court lacked jurisdiction, but the defendant successfully proved the debt was entirely collected. The court ruled that a claim to invalidate an execution title cannot be entertained once the obligation has been fully satisfied.
Legislator headnote
AI generatedArt. 840 § 1 pkt 2 k.p.c.; Art. 98 § 1 k.p.c.; A claim to invalidate an execution title is inadmissible if the underlying obligation has been fully enforced, as the court assesses the claim's merit based on the state of affairs at the time of judgment.
Keywords
AI generated
invalidation of execution title
full debt recovery
procedural defects
jurisdictional objections
costs of proceedings
enforceable judgment
state of affairs
Cited Legislation
AI generatedArt. 840 § 1 pkt 2 k.p.c.
Art. 98 § 1 k.p.c.
Art. 102 k.p.c.
§ 6 Rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 840 k.p.c
art. 840 § 1 pkt 2 k.p.c