XII C 1097/17
AI generated
Court dismisses debt relief claim against bank for valid contract termination due to non-payment and failure to notify address change.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiffs' request to invalidate the bank's enforcement title regarding a consumer loan. The plaintiffs admitted to missing payments and failing to inform the bank of their move to England, which triggered the bank's right to terminate the contract and demand full repayment. Consequently, the court ruled that the bank acted legally and the plaintiffs' procedural arguments were unfounded.
Legislator headnote
AI generatedArt. 5 k.c.; § 11 ust. 2a umowy kredytu: The court held that a creditor may terminate a loan contract upon default without violating social norms, and the debtor's failure to notify the creditor of an address change precludes claims of unfairness.
Keywords
AI generated
consumer loan contract
termination for default
enforcement title invalidation
address change notification
social norms violation
bank enforcement rights
costs of proceedings
Cited Legislation
AI generatedart. 5 k.c.
§ 11 ust. 2a umowy kredytu
art. 102 k.p.c.
Related Decisions
AI generatedII CSKP 225/22
Supreme Court vacates appeal judgment allowing debt repayment defense in consumer loan enforcement proceedings despite omission in complaint.
V ACa 420/18
Appeal court voids enforcement title due to ineffective loan contract termination and lack of proper service.
I C 613/17
Court dismissed bank's appeal, ruling debt due immediately after original loan contract termination.
I C 897/18
Consumer loan dispute dismissed due to unproven debt and abusive insurance clause under Civil Code.
I ACa 586/17
Appeal dismissed for late introduction of abuse of law clause claims violating procedural rules.