XII C 1087/18
AI generated
Court partially invalidates enforcement order for interest exceeding statutory maximums after legal change.
Poland (PL)
Legislator summary
AI generatedThe court partially deprived the enforceability of a payment order regarding interest rates that exceeded the statutory maximums following a change in law. Plaintiffs argued that the new legal standard, effective after the order was issued, rendered the excessive interest unenforceable. The court agreed, ruling that the plaintiffs could now challenge the specific portion of the debt based on the updated legal provisions.
Legislator headnote
AI generatedArt. 359 § 2, 2 § 1 k.c.; A payment order issued before a change in law allowing for higher interest rates can be partially invalidated for the portion exceeding the new statutory maximums.
Keywords
AI generated
enforcement order
statutory interest cap
change of law
partial invalidity
civil code provisions
enforcement proceedings
legal retroactivity
Cited Legislation
AI generatedArt. 359 § 2, 2 § 1 k.c.
Art. 100 k.p.c.
Cited Case Law
AI generatedUchwała Sądu Najwyższego z dnia 15 marca 2018 roku, sygn. III CZP
II CSK 489/16
Supreme Court dismisses appeal on enforcement invalidity, ruling late performance defense is precluded by final judgment.
IV CSK 320/07
Supreme Court dismisses appeal against enforcement order regarding excessive contractual interest rates exceeding statutory limits.
III CZP 107/17
Supreme Court allows opposition suit when new law extinguishes excessive interest debt from old judgment.
Related Decisions
AI generatedI C 958/15
Court dismissed claim for assignment of non-existent debt due to prior full repayment by debtor.
II1 C 83/19
Court partially allowed revocation of enforceable title for contractual interest exceeding maximum statutory rates post-2006.
I C 252/21
Court partially dismissed debt claim regarding excessive interest and repeated enforcement actions by creditor.
I C 3277/16
Civil court dismissed late interest claim on criminal restitution debt due to lack of immediate enforceability.
III RC 29/24
Civil court dismisses action to void enforcement title for child support where voluntary payments did not extinguish debt.