Legislator Case Law & Legislation
I C 2388/17 AI generated

Civil court dismisses consumer loan claim due to lack of written contract termination and procedural impossibility of payment.

Case Number I C 2388/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The civil court dismissed the plaintiff's claim for repayment of a consumer loan against the defendant. The defendant argued that the contract was terminated without a written notice and that she could not pay due to the 'cash-in-home' payment option. The court ruled that the plaintiff failed to prove a valid written termination and that the specific payment terms made enforcement impossible without a formal notice. Consequently, the court held the contract remained valid and rejected the statute of limitations defense.

Legislator headnote

AI generated

Art. 6 k.c.; Art. 610 k.c.: A loan contract remains binding absent written termination; specific payment terms preclude court action without formal notice.

Keywords

AI generated
consumer loan contract written termination notice cash-in-home payment statute of limitations civil procedure dismissal

Cited Legislation

AI generated
Art. 6 k.c.
Art. 610 k.c.
art. 6 k.c
AI generated

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