Legislator Case Law & Legislation
XII C 1605/18 AI generated

Court upheld bank's payment order against borrower, rejecting defense of statute of limitations and lack of claim basis.

Case Number XII C 1605/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court upheld a payment order against the borrower for the bank's claim, dismissing the defendant's objections regarding the statute of limitations and lack of legal basis. The plaintiff successfully proved the debt using bank statements, which the court accepted as private documents under Article 233 of the Code of Civil Procedure. Since the defendant remained passive and failed to provide evidence contradicting the plaintiff's claims, the court ruled in favor of the bank and assigned the costs to the losing party.

Legislator headnote

AI generated

Art. 233 k.p.c.; Art. 495 § 1 k.p.c.; Art. 496 k.p.c.; Art. 98 k.p.c. - A private document may be accepted as evidence of facts if the court, exercising free evaluation of evidence, finds it consistent with the actual state of affairs, and a mere denial by the opposing party without proof is insufficient to overturn the claim.

Keywords

AI generated
payment order enforcement statute of limitations defense private document evidence free evaluation of evidence bank loan dispute costs of proceedings passive defense

Cited Legislation

AI generated
Art. 233 k.p.c.
Art. 495 § 1 k.p.c.
Art. 496 k.p.c.
Art. 98 k.p.c.

Cited Case Law

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