VI GC 1294/17 AI generated

Court dismissed claim due to statute of limitations expiry on bank loan debt and interest.

Case Number VI GC 1294/17

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2017-12-22

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for repayment of a bank loan and interest, ruling that the statute of limitations had expired. The defendant successfully argued that the three-year limitation period began on the date the enforceability clause was added to the bank's enforcement title, not the date of the original contract. Consequently, the plaintiff failed to prove the debt was still enforceable, and the court ordered the defendant to recover the plaintiff's legal costs.

Legislator headnote

AI generated

Art. 118, 123 § 1, 124 k.c.; The statute of limitations for a bank's claim arising from commercial activity runs for three years and begins when the enforceability clause is granted, as issuance of an enforcement title does not interrupt the limitation period for a non-bank assignee.

Keywords

AI generated

statute of limitations bank loan debt enforceability clause commercial activity limitation interruption

Cited Legislation

AI generated

art. 118 k.c.

art. 123 § 1 k.c.

art. 124 k.c.

art. 125 k.c.

art. 98 k.p.c.

§ 2 pkt. 5 Rozporządzenia Ministra Sprawiedliwości z dnia 22 października 2015 r.

art. 509§2 k.c

art. 509 § 1 k.c

art. 120 § 1 k.c

art. 125 k.c

Cited Case Law

AI generated

wyrok SN z dnia 30 lipca 2003 r., II CKN 363/01

uchwała SN z dnia 5 kwietnia 1991 r., III CZP 21/91

wyrok SN z dnia 02.04.2004 r.

Supreme Court dismisses appeal on transport contract damages, ruling statute of limitations expired and evidence assessment invalid.

Bankruptcy law ruling: A pre-bankruptcy set-off declaration by a debtor does not invalidate a subsequent debt acquired by the debtor.

III CZP 21/91

AI generated

Plaintiff's claim dismissed due to statute of limitations; defendant successfully argued debt expired three years after demand.

Court dismissed bank's claim for loan capital return as debt extinguished by set-off and prior payment.

Court allows debt claim against defendant who admitted liability during trial proceedings.

Court dismissed defendant's objection to jurisdiction and statute of limitations, awarding plaintiff's claim for investment fund debt.

Court dismissed claim challenging bank title validity, ruling it procedurally inadmissible and lacking legal interest.

Full text