I C 550/14
AI generated
Civil claim dismissed due to statute of limitations; plaintiff failed to prove medical condition barred time limits.
Legislator summary
AI generatedThe court dismissed the plaintiff's civil claim for moral damages against the State Treasury regarding past institutional abuse. Although the plaintiff suffered from epilepsy and mental illness, the court found this insufficient to prove the statute of limitations was inapplicable. The decision rested on the plaintiff's ability to pursue legal aid and initiate proceedings in the 1990s despite their condition.
Legislator headnote
AI generatedArt. 23 k.c.; Art. 24 k.c.; Art. 442 § 1 k.c. (old); Art. 444 § 1 k.c.; Art. 417 k.c.; Art. 417 § 4 k.c.; Art. 102 k.p.c.: A plaintiff's mental illness does not automatically bar the statute of limitations unless they failed to pursue legal protection due to incompetence, which must be proven by the plaintiff.
Keywords
AI generated
statute of limitations
mental illness defense
moral damages claim
State Treasury liability
civil code provisions
legal aid costs
procedural dismissal
Cited Legislation
AI generatedArt. 23 k.c.
Art. 24 k.c.
Art. 442 § 1 k.c. (old)
Art. 444 § 1 k.c.
Art. 417 k.c.
Art. 417 § 4 k.c.
Art. 102 k.p.c.
art. 445§1 k.c
art. 444§1 k.c
art. 417 k.c
Cited Case Law
AI generatedI ACa 258/11
Appeal dismissed; invalid nationalization decision reversed, but claim barred by statute of limitations and lack of definitive title loss.
I ACa 19/12
Appeal dismissed; plaintiff failed to prove statute of limitations defense violated good faith or social norms.
III CZP 78/05
Supreme Court rules Social Security Fund's head represents State in compensation claims for unlawful acts.
II CSK 94/10
Supreme Court quashes appeal ruling on damages for personal injury, rejecting life standard as a criterion for compensation amount.
II CSK 431/10
I ACa 415/06