I C 1416/14 AI generated

Court partially allowed claim for unauthorized use of property, dismissing capitalized interest but awarding base damages.

Case Number I C 1416/14

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2017-08-17

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially granted the plaintiff's claim for damages regarding unauthorized use of property, awarding base compensation while dismissing the request for capitalized interest. The defendant argued that interest should not be capitalized as it is not periodic payment, and the court agreed, noting the lack of proof for prior payment demands. Consequently, the judgment ordered payment of the principal amount plus statutory interest from the date of the lawsuit filing.

Legislator headnote

AI generated

Art. 476 k.c.; Art. 100 k.p.c.; Art. 83 ust. 1 k.k.s.: The court awarded damages for unauthorized use of property but rejected the plaintiff's request for capitalized interest, ruling that such interest is not a periodic payment and requires proof of prior payment demands to trigger default interest.

Keywords

AI generated

unauthorized property use statutory interest capitalized interest default interest court costs allocation payment demand proof periodic payment

Cited Legislation

AI generated

Art. 476 k.c.

Art. 100 k.p.c.

Art. 83 ust. 1 k.k.s.

art. 386 § 6 k.p.c

art. 355 § 1 k.p.c

art. 405 k.c

art. 476 k.c

art. 100 k.p.c

Court partially allowed claim for unauthorized use of property, dismissing capitalized interest but awarding base damages.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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