I C 658/18
AI generated
Civil court dismisses claim for possession restoration due to statute of limitations expiration after one year.
Poland (PL)
Legislator summary
AI generatedThe civil court dismissed the plaintiff's lawsuit seeking an order to stop the defendant from infringing on the plaintiff's possession of a shared residential property. The defendant had changed the locks to the main entrance in December 2016, while the plaintiff moved out in late November 2016 and did not pursue legal action until March 2018. The court ruled that the claim for restoration of possession expired because it was not filed within the one-year limitation period prescribed by law.
Legislator headnote
AI generatedArt. 344 § 1 k.c.; Art. 344 § 2 k.c.; Art. 478 k.p.c.: The right to claim restoration of possession expires if not exercised within one year of the infringement, and the court examines only the last state of possession and the fact of its violation.
Keywords
AI generated
possession restoration claim
statute of limitations
one year limitation period
infringement of possession
civil procedure code
shared property ownership
lock change evidence
Cited Legislation
AI generatedArt. 344 § 1 k.c.
Art. 344 § 2 k.c.
Art. 478 k.p.c.
art. 336 k.c
art. 344 § 1 k.c
art. 344 § 2 k.c
art. 478 k.p.c
art. 344 k.c
Related Decisions
AI generatedII Ca 425/13
Appeal court dismisses claim for co-ownership restoration in marital property dispute due to abuse of rights and conflict escalation.
I C 48/21
Court orders ex-spouses to allow joint ownership of marital home by issuing keys to the former tenant.
I C 2373/16
Court orders wife to return keys to marital home after changing locks to evict husband.
III Ca 16/20
Appeal court dismissed windication suit for eviction as non-preservation act due to co-owner consent.