I C 1700/17 AI generated

Court dismissed claim for debt repayment due to statute of limitations and plaintiff's failure to prove validity.

Case Number I C 1700/17

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2018-02-08

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for debt repayment, ruling that the statute of limitations had expired and the plaintiff failed to prove the debt's validity. Although the defendant raised the limitation defense, the plaintiff did not respond to the court's summons or present evidence regarding when the claim became due. Consequently, the court accepted the defendant's argument that the claim was time-barred and ordered the plaintiff to bear the litigation costs.

Legislator headnote

AI generated

Art. 118 k.c.; Art. 6 k.c.; Art. 233 § 2 k.p.c.; Art. 230 k.p.c.; Art. 203 § 1 k.p.c.; Art. 203 § 4 k.p.c.; Art. 98 § 1 k.p.c. - A claim is barred by the statute of limitations if the creditor fails to prove the date the claim became due, and the defendant's silence on the limitation defense is interpreted as an admission of its validity when the creditor remains passive.