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I C 2063/17 AI generated

Consumer loan contract upheld; court dismissed defendant's defenses regarding validity and statute of limitations.

Case Number I C 2063/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ruled in favor of the plaintiff, a closed investment fund, ordering the defendant to pay the outstanding loan balance plus interest and procedural costs. The defendant argued the loan contract was invalid due to lack of official stamps and that the claim was time-barred, but the court found the contract clear and within the three-year limitation period. Consequently, the court rejected the defendant's objections and confirmed the plaintiff's right to collect the debt based on the valid assignment of the creditor's rights.

Legislator headnote

AI generated

Art. 36a ust. 1 ustawy o kredycie konsumenckim; Art. 118 k.c. in fine; Art. 121 § 1 k.c.; Art. 503 § 1 k.c.; Art. 509 k.c. - A consumer loan contract remains valid and enforceable if it clearly details costs and does not exceed statutory limits, and the creditor's rights are properly assigned, rendering the statute of limitations inapplicable to the new assignee.

Keywords

AI generated
consumer loan contract statute of limitations assignment of rights consumer credit law procedural default usury limits creditor assignment

Cited Legislation

AI generated
Art. 36a ust. 1 ustawy o kredycie konsumenckim
Art. 118 k.c. in fine
Art. 121 § 1 k.c.
Art. 503 § 1 k.c.
Art. 509 k.c.
Art. 98 k.p.c.
art. 509 k.c
art.118 k.c
art. 121 § 1 k.c
art. 98 k.p.c
AI generated
I C 763/18
Court partially allowed loan claim, awarding principal difference but dismissing excessive collection fees and unclear interest components.
I C 857/21
Court dismissed loan claim due to usurious interest rates and invalid fee clauses violating good morals.
I C 1059/20
Court dismissed consumer loan defense, ruling interest rates were legal and contract terms were transparently disclosed.
I C 717/16
Court dismissed loan claim due to unproven partial payments and excessive penalty fees violating consumer protection laws.

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