Legislator Case Law & Legislation
II Co 4164/19 AI generated

Court dismissed request for enforceability clause to legal successor creditor due to lack of standing.

Case Number II Co 4164/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court rejected the applicant's request to grant an enforceability clause to the legal successor of the creditor. The applicant argued that as the successor, they should inherit the right to enforce the debt, while the opposing party contended that the original creditor's rights had not been properly transferred. The court ruled that without proof of a valid succession or assignment, the applicant lacked the necessary standing to seek enforcement against the debtor.

Legislator headnote

AI generated

Art. 481 ust. 1 k.p.c.; Art. 11 ust. 1 k.r.s.: A legal successor of a creditor may only obtain an enforceability clause if they can prove the valid transfer of the creditor's rights to themselves.

Keywords

AI generated
legal successor enforceability clause creditor rights standing to sue assignment of debt

Cited Legislation

AI generated
Art. 481 ust. 1 k.p.c.
Art. 11 ust. 1 k.r.s.

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Full text

Oddalenie wniosku o nadanie klauzuli wykonalności na rzecz następcy prawnego wierzyciela