Legislator Case Law & Legislation
III RC 23/15 AI generated

Court partially allows alimentary debt revocation claim for period of joint household cohabitation.

Case Number III RC 23/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially revoked the enforceability of a support agreement for the period the father lived with the child's mother in a joint household. The father argued he fulfilled obligations by paying the full amount to the mother, while the mother claimed arrears despite admitting the debt was not due to non-payment. The court ruled that enforcement was unjustified during cohabitation but dismissed the claim for the subsequent period.

Legislator headnote

AI generated

Art. 840 § 1 pkt 2 k.p.c.; Art. 102 k.p.c.: A debtor may request revocation of an enforcement title if the obligation cannot be enforced due to the dissolution of a joint household, and the court may award only partial costs in justified cases.

Keywords

AI generated
alimentary debt enforcement title revocation joint household support agreement partial enforcement

Cited Legislation

AI generated
Art. 840 § 1 pkt 2 k.p.c.
Art. 102 k.p.c.

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