I Ns 600/16
AI generated
Court divides inheritance property and rejects adverse possession claim due to decedent's incapacity.
Poland (PL)
Legislator summary
AI generatedThe court established the subject matter of the inheritance and ordered a physical division of the land into two equal plots. While the claimant argued for adverse possession, the court found the decedent was incapacitated, preventing the required time period from expiring. Consequently, the court rejected the adverse possession claim but proceeded with the inheritance division based on the parties' agreement and expert opinions.
Legislator headnote
AI generatedArt. 172 k.c.; Art. 122 § 1 k.c.; Art. 618 § 1 k.p.c.: If a decedent was under total guardianship, the time required for adverse possession cannot expire before two years after the appointment of a statutory representative, thereby invalidating claims based on the standard possession periods.
Keywords
AI generated
inheritance division
adverse possession
total guardianship
statutory representative
property partition
incapacity
civil procedure
Cited Legislation
AI generatedArt. 172 k.c.
Art. 122 § 1 k.c.
Art. 618 § 1 k.p.c.
Art. 687 k.p.c.
Art. 688 k.p.c.
Art. 520 § 1 k.p.c.
Art. 113 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych
art. 618 § 1 k.p.c
art. 688 k.p.c
art. 172 § 1 k.c
Related Decisions
AI generatedI Ns 677/12
Court orders equal division of joint property and establishes payment terms for inheritance shares in a partition suit.
I Ns 399/22
Court orders division of joint property and estate between siblings, awarding all assets to one party.
VI Ns 69/13
Court confirms will validity and inheritance acquisition by minor with inventory benefit, ordering applicant to pay witness expenses.
IX Ca 338/19
Appeal dismissed; court upheld 7-month payment deadline for property division despite claims of financial hardship.