II Ca 302/17 AI generated

Court partially allows appeal on rent arrears but dismisses claim for written termination of fixed-term lease.

Case Number II Ca 302/17

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2017-10-05

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court partially granted the plaintiff's appeal, increasing the awarded rent arrears while reducing the defendant's process costs. The plaintiff argued for capitalization of late fees based on a fixed-term lease agreement, whereas the defendant contested the necessity of a written termination notice. The court ruled that while the rent claim was valid, the statutory requirement for a written termination form under the Civil Code did not carry a penalty of invalidity, thus dismissing that specific part of the appeal.

Legislator headnote

AI generated

Art. 77 § 2 k.c.; Art. 100 k.p.c. in conjunction with Art. 391 § 1 k.p.c.; The requirement for a written form of lease termination under the Civil Code serves only evidentiary purposes and does not render the termination invalid if not strictly observed.

Keywords

AI generated

fixed-term lease termination written form requirement evidentiary form rent arrears claim process costs allocation

Cited Legislation

AI generated

Art. 77 § 2 k.c.

Art. 100 k.p.c.

Art. 391 § 1 k.p.c.

Art. 109 § 1 zd. 1 k.p.c.

art. 673 § 3 k.c

art. 682 k.c

art. 681 k.c

art. 98 § 1 k.p.c

art. 207 § 6 k.p.c

art. 233 § 1 k.p.c

Cited Case Law

AI generated

Supreme Court quashes appeal judgment for omitting new evidence and remands case to lower court.

CKN 1269/00

II CKN 334/00

IV CKN 980/00

IV CK 3/02

Supreme Court quashes appeal ruling for failure to examine new evidence regarding a company representative's signature validity.

I UK 7/08

I CKN 276/99

I CKN 424/97

IV CKN 1961/00

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