II Ca 706/16
AI generated
Court partially allowed appeal to include specific household items and a debt in joint property division.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the lower court's decision regarding the division of joint property between M.C. and W.C. The court found that certain specific household items and a monetary claim against Z.C. and H.C.'s heirs were correctly excluded from the initial division but should have been included. Consequently, the court ordered the inclusion of these assets and adjusted the compensation amount payable by W.C. to M.C.
Legislator headnote
AI generatedArt. 520 § 2 k.p.c. w zw. z art. 391 § 1 k.p.c.; The appellate court may partially revoke a lower court's decision when the appeal raises valid grounds regarding the scope of joint property, requiring the inclusion of specific assets and debts not previously recognized.
Keywords
AI generated
joint property division
appellate review
household items
monetary claim
costs of proceedings
joint debt
property valuation
Cited Legislation
AI generatedArt. 520 § 2 k.p.c.
Art. 391 § 1 k.p.c.
Art. 13 § 2 k.p.c.
§ 6 pkt 7
§ 7 pkt 10
§ 13 ust. 1 pkt 1
§ 21
art. 359 § 3 k.c
art. 31 k.r.o
art. 33 k.r.o
Cited Case Law
AI generatedI CSK 408/15
Supreme Court quashes lower court ruling on marital property division due to failure to determine business assets status.
I CSK 78/11
Supreme Court dismisses appeal on joint property division, upholding lower court's ruling on rent reimbursement.
OSN C 2003, z. 12, poz. 159
III CZP 99/027
III CZP 99/02
Supreme Court allows one spouse to demand purchase of the other's pre-marital land share during marital community.
Related Decisions
AI generatedI Ca 195/13
Appellate court partially allowed divorce property division appeal by correcting an unadjusted benefit amount.
I Ns 59/15
Court orders division of joint property and sale of indivisible items between spouses.
VIII Ns 425/16
Court awards sole ownership of a debt claim to one ex-spouse in a joint property division case.