I C 364/23
AI generated
Plaintiff's claim dismissed due to failure to prove loan contract existence and assignment validity.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment of a loan debt and awarded the defendant 917 PLN in court costs. The plaintiff failed to prove the existence of the loan contract signed on October 18, 2022, or the validity of the debt assignment documents. Consequently, the court ruled that the plaintiff did not meet the burden of proof required to establish the debt.
Legislator headnote
AI generatedArt. 202 k.c.; Art. 108 k.p.c.: A creditor must prove the existence and validity of the underlying debt and the transfer of rights; failure to provide sufficient documentary evidence results in the dismissal of the claim.
Keywords
AI generated
loan contract formation
assignment of claims
burden of proof
court costs allocation
electronic debt collection
creditor's rights transfer
insufficient evidence
Cited Legislation
AI generatedArt. 98 § 1 and 3 k.p.c.
Art. 108 k.p.c.
§ 2 pkt 3 Rozporządzenia Ministra Sprawiedliwości z dnia 22 października 2015 roku w sprawie opłat za czynności adwokackie
Related Decisions
AI generatedI C 231/22
Consumer loan contract upheld; court rejects consumer protection claims regarding non-individualized clauses.
I C 485/22
Loan contract partially upheld; high fee clause void under consumer protection law; main debt awarded.
I C 444/24
Consumer loan refinancing fees deemed abusive; claim dismissed due to lack of consumer protection compliance.
I C 320/25
Court partially allowed loan recovery claim, awarding principal and fees but dismissing capitalized interest due to late default date.
I C 136/23
Plaintiff's loan claim dismissed due to failure to prove debt transfer and loan contract validity.