X P 1020/15
AI generated
Court partially allowed claim to void enforceability of payment order for amount paid by debtor.
Poland (PL)
Legislator summary
AI generatedThe court declared the enforcement title void for the specific amount of 5,445.94 PLN paid by the debtor, while dismissing the remainder of the claim. The plaintiff argued that partial repayment extinguished the debt, but the court found only the specific transfer valid as payment for the judgment debt. Consequently, the court ruled that the plaintiff's broader assertion of total repayment lacked evidentiary support.
Legislator headnote
AI generatedArt. 480 § 1 k.p.c.; Art. 102 k.p.c.: A claim to void the enforceability of a payment order is partially granted when specific proof demonstrates partial performance of the debt, but dismissed for the remainder where other alleged payments lack legal qualification as repayment of the principal claim.
Keywords
AI generated
voiding enforcement title
payment order
partial debt repayment
enforcement clause
evidentiary burden
labor dispute
costs of proceedings
Cited Legislation
AI generatedArt. 480 § 1 k.p.c.
Art. 102 k.p.c.
art. 840 § 1 pkt 2 k.p.c
art. 233 § 1 k.p.c
art. 286 k.p.c
art. 162 k.p.c
art. 840 § 1 k.p.c
art. 6 k.c
art. 87 § 1 k.p
art. 91 § 1 k.p
Cited Case Law
AI generatedII CSK 286/09
Cassation appeal dismissed as inadmissible due to lack of interest in challenging a favorable judgment.
III CZP 55/05
Plaintiff loses appeal right for procedural errors in non-appealable rulings if not raised immediately.
I ACa 772/07
I ACa 784/13
Appeal court quashes payment order due to lack of damage assessment in criminal case, remanding for retrial.
I ACa 561/13
Court reduced contract penalty by 10 days based on Art. 484 § 2 CC, dismissing appeal on other grounds.
I CSK 713/12
Supreme Court dismisses appeal; written shareholder resolution valid for share sale consent under Polish law.