Legislator Case Law & Legislation
I PK 36/10 AI generated

Supreme Court allows backdated rent increase claim under Civil Code Art. 907 § 2 if circumstances changed within three years.

Case Number I PK 36/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and upheld the lower court's judgment awarding a supplementary pension increase. The plaintiff, a former employee, sought payment for a hypothetical 35th-anniversary bonus that would have been due had he remained employed, arguing this change in circumstances justified a rent adjustment under Civil Code Art. 907 § 2. The court ruled that since the qualifying change occurred in May 2009, the claim became enforceable then and the three-year limitation period had not yet expired when the lawsuit was filed in October 2009.

Legislator headnote

AI generated

Art. 907 § 2 k.c.; Art. 120 § 1 k.c.: A claim for a specific installment of supplementary rent based on a change in circumstances (such as the expiration of a service period) is enforceable from the date the change occurs, provided the action is brought within the applicable limitation period.

Keywords

AI generated
supplementary pension change of circumstances limitation period Civil Code rent adjustment cassation appeal enforceability

Cited Legislation

AI generated
art. 907 § 2 k.c.
art. 117 k.c.
art. 120 § 1 k.c.
art. 118 k.c.
art. 398 § 14 k.p.c.
art. 98 § 1 k.p.c.
§ 13 ust. 4 pkt 2 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 907 § 2 k.c
art. 442 § 2 k.c
art. 300 k.p

Cited Case Law

AI generated

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