III RC 23/15
AI generated
Court partially allows alimentary debt revocation claim for period of joint household cohabitation.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 840 § 1 pkt 2 k.p.c.
Art. 102 k.p.c.