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I C 882/18 AI generated

Court dismissed co-op's claim for unpaid construction contribution against non-member buyer, awarding costs to defendants.

Case Number I C 882/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the housing cooperative's lawsuit seeking payment of unpaid construction contributions from a non-member buyer who acquired a property share. The defendants argued that the cooperative had waived all claims in the transfer agreement and that the statutory right to claim contributions only applies to cooperative members. The court agreed, ruling that the waiver was valid and no unjust enrichment existed between the parties.

Legislator headnote

AI generated

Art. 177 ust. 1 ustawy o spółdzielniach mieszkaniowych; Art. 401 k.c.: The right to claim unpaid construction contributions under the Housing Cooperatives Act is limited to members, and a valid contractual waiver of such claims by the cooperative precludes subsequent enforcement against a non-member transferee.

Keywords

AI generated
housing cooperative construction contribution unjust enrichment contractual waiver non-member transfer property share costs of proceedings

Cited Legislation

AI generated
Art. 177 ust. 1 ustawy o spółdzielniach mieszkaniowych
Art. 401 k.c.
Art. 98 k.p.c.
Dz.U. z 2018 r., poz. 265 t.j.
art. 98 k.p.c

Cited Case Law

AI generated
wyrok z dnia 30 marca 2004 r. sygn. akt K 32/03
AI generated
III C 1001/18
Court dismissed co-defendants' claim against housing cooperative for unpaid rent, citing statute of limitations and lack of corporate liability.
I ACa 1578/12
Court dismisses lawsuit for property transfer, ruling notarized form is mandatory for ownership transfer obligations.
V Ca 3125/15
Appeal dismissed; court upheld mandatory investment depreciation allocation to apartment costs under housing co-op law.
II C 857/15
Court dismissed unjust enrichment claims against housing cooperative and ordered defendants to pay all litigation costs.
I ACa 2378/15
Appeal dismissed; plaintiff's claim barred by statute of limitations; defendant successfully raised peremptory defense.

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