Legislator Case Law & Legislation
I C 627/18 AI generated

Court declares inheritance deed void under Civil Code Art. 527 due to creditor prejudice and close relationship.

Case Number I C 627/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court declared the inheritance deed and co-ownership termination agreement between the defendant and third parties void regarding the plaintiff. The plaintiff, a minor, successfully argued that the defendant, a close relative of the debtor, acquired property while knowing of the plaintiff's enforceable claim. The court ruled in favor of the plaintiff because the statutory requirements for voiding a transaction due to creditor prejudice were met, including the close relationship and the defendant's knowledge of the debt.

Legislator headnote

AI generated

Art. 527 k.c.; Art. 534 k.c.: A transaction performed by a debtor with prejudice to a creditor may be declared void if the creditor proves the debtor's knowledge of the debt and the existence of a close relationship between the debtor and the third party.

Keywords

AI generated
Civil Code Art. 527 Creditor Prejudice Void Legal Act Close Relationship Statute of Limitations Inheritance Deed Co-ownership Termination

Cited Legislation

AI generated
Art. 527 k.c.
Art. 534 k.c.
Art. 98 k.p.c.
art. 527 k.c
art.527 § 2 k.c
art. 527 § 1 k.c
art. 534 k.c
art. 98 k.p.c

Cited Case Law

AI generated
II CSK 452/06 OSNC 2008/A/20/121
III CKN 96/97
III CRN 546 OSN 1970, nr 10, poz. 192
II CSK 452/06
Supreme Court dismisses cassation appeal regarding scope of res judicata and material force of prior judgment.
AI generated

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