Legislator Case Law & Legislation
II Ca 2793/19 AI generated

Court partially allowed appeal on joint property division, correcting expert costs and adding compensation award.

Case Number II Ca 2793/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially overturned the lower court's decision regarding the division of joint property between the spouses. While the appeal was dismissed in most aspects, the court corrected the valuation of the apartment and the calculation of construction expenses, and added a specific compensation award. The decision was based on the finding that the lower court made factual errors in valuing assets and miscalculated the distribution of expert opinion costs, despite the parties having no conflicting interests in the division itself.

Legislator headnote

AI generated

Art. 385, 386 § 1 k.p.c.; The appellate court may modify a lower court's ruling on joint property division when factual errors in asset valuation or cost calculation are identified, even if the parties share common interests in the division.

Keywords

AI generated
joint property division appellate procedure expert opinion costs asset valuation compensation award civil procedure code costs of proceedings

Cited Legislation

AI generated
Art. 385 k.p.c.
Art. 386 § 1 k.p.c.
Art. 520 § 1 k.p.c.
Art. 83 § 2 and 113 of the Act on Court Costs in Civil Matters
Art. 102 k.p.c.
art. 520 § 1 k.p.c
art. 233 § 1 k.p.c
art. 278 § 1 k.p.c
art. 240 § 1 k.p.c
art. 241 k.p.c
AI generated

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